Expert Guidance
Clear, straightforward answers to your questions about Social Services and Care Proceedings.
Speak to a SolicitorA pre-proceedings meeting is a meeting held when the Local Authority have serious concerns about your children and the care that is being provided to them. The Local Authority will say that these concerns would justify them making an application to the Court. Within the pre-proceedings process, the Local Authority will provide a ‘last chance’ for you to implement improvements and/or changes to avoid an application to the Court.
A pre-proceedings meeting will be held, where you and your solicitor will attend, to listen to the Local Authority’s worries and what they are asking you to do to avoid an application to the Court. The Local Authority may also ask you to sign a contract or “Schedule of Expectations” during the meeting.
S20 or S76 in Wales gives the Local Authority a duty to accommodate children. This can include accommodation away from the family home. In certain circumstances, the Local Authority cannot accommodate the child without the permission of person with Parental Responsibility. Providing the section 20 or S76 consent will enable the local authority to accommodate your child, subject to your permission.
You can withdraw your consent under S20/S76 at any time. Giving consent under S20/S76, or withdrawing that consent is a very important decision and will depend on the specific facts of your case. It is very important that you seek legal advice before making this decision.
A Care Order is an order of the Court which grants a local authority parental responsibility for a child and allows them to make decisions about a child’s care and welfare. A Care Order can only be made if the Court is satisfied that the child is suffering or is likely to suffer significant harm.
A Supervision order is an order of the Court which places a duty on the local authority to advise, assist and befriend a child and their family. The grounds for making a Supervision Order are similar to those for the making of a care Order; that is, the child has suffered or is at risk of suffering significant harm.
However, the crucial difference is that a Supervision Order does not grant parental responsibility to the local authority and under a Supervision Order a child will remain with parents or family with support being provided by the local authority to monitor and address any identified concerns.
Usually yes. Under s34 of the Children Act, a local authority has a duty to promote reasonable contact between a child in care and their parents, family or other relevant persons. If the local authority form a view that contact is not in the child’s interests, they may suspend contact for up to 7 days but would thereafter have to apply for a Court Order to allow them to withhold contact for longer periods. The Court would consider the risks alleged, and make a decision with the child’s welfare being its paramount consideration.
The local authority can only remove a child with the authority of the Court or the consent of the parents. The Police can remove a child in an emergency situation under a Police Protection order, which lasts only 72 hours. In an emergency, the local authority may apply for an Emergency Protection Order (initially for 7 days only) or an Interim care Order (which lasts the duration of Court proceedings, usually up to 26 weeks).
Once the case comes before the Court, directions will be made for work and investigations to be undertaken to see whether the child can safely be returned to the care of the parents or family members. Every child has a right to be cared for by their parents or family as long as it is consistent with their safety and welfare, and during any Court process you will be assessed to see if your child could safely be returned to your care. The ultimate decision rests with the Court.
As part of the Court process, the local authority should be assessing not only the parents, but also family members or connected persons, to see whether the child could safely be placed with them instead of foster care. Foster Care should be a last resort.
However, whilst such assessments may take place before Court proceedings if the local authority have been involved for a while, in an emergency situation it may not be possible to place with family immediately, but a viability assessment and temporary approval of family members can be undertaken relatively quickly if deemed suitable.
The Guardian is a legal term for a court appointed person whose role it is to represent the interests of your child. They will appoint a solicitor, who represents your child, usually via the Guardian’s instructions. They are independent of the local authority and they will advise and assist the Court on what they consider to be in your child’s interests.
The Guardian does not have parental responsibility and is not the person who looks after the child. They work for an organisation called CAFCASS or CAFCASS CYMRU. It is extremely important that you fully engage with the Guardian as their opinion will carry much weight and it is vital that you work openly and honestly with them.
