Children – Public Law

A Local Authority will start “care proceedings” if there are concerns about a child and can apply to the court for orders to protect them.

The Local Authority is responsible for making sure that children living in their area:

• receive an appropriate standard of care and are kept safe from harm
• have suitable people looking after them
• have someone independent to talk to

There are a number of orders that a Local Authority can apply to the court for, in order to protect a child, but the most common are: 

• care orders
• supervision orders
• emergency protection orders 
• secure accommodation orders

What is a care order?

A care order is a ruling of the court. It allows a Local Authority to take a child into their care and share responsibility with the child’s mother and father if he has parental responsible and for making important decisions about the child’s upbringing including who looks after them, where they live and how they are educated.

A care order means the Local Authority shares parental responsibility so that the child is cared for by the council.  During the court proceedings assessments will be carried out to see where the child should permanently live.  Both during and after the proceedings this could be with family members, a foster placement, residential unit or an adoptive placement if a placement order is made.

It is important to note that care orders last until the court discharges the order, the court makes an order giving parental responsibility to another person, or the child turns 18.

What is a supervision order?

A supervision order is where the Local Authority will assist, advise and befriend the child for a specified period – usually in the first instance, between 6 and 12 months, although this can be extended.

How are care proceedings initiated?

A social worker from the Local Authority’s Children’s Service can start care proceedings if they are worried about the welfare of a child. The underlying premise is that a child will be better off at home with his or her family, so every effort will be made to keep the child with its birth parents. Letters and meetings with social workers are usually the first steps taken by the Local Authority before any care proceedings are commenced but there are times when applications can be made urgently if the Local Authority feel a child is at risk. If you have received a warning letter or have such a meeting scheduled, we would suggest you get in touch with one of our family lawyers who can advise you and provide support at this time.

If court proceedings are issued, the child will be represented by a solicitor and a Guardian.  The Guardian has social work background but is not employed by the Local Authority. They are completely independent and work for CAFCASS (Children and Family Court Advisory and Support Service).  They are the “eyes and the ears” of the court and independent.  Their role is to provide their advice and assessment on what they feel is in the best interest of the child. 

During the course of any proceedings, both the social worker and Guardian will file their own assessments and reports identifying whether in their opinion they consider the child is suffering significant harm or there is a risk of harm for the child if they stay living at home with his or her parents, and what they think should happen next. They may talk to teachers, family members and others. 

These reports are just two of the pieces of information the court will consider when deciding what court orders should be made. Parents will file their own statements and there may be experts appointed to help the court e.g psychologists, psychiatrists etc. 

If the Local Authority believes a child needs to be removed from their parents before the court case is concluded it will ask the court to make an interim care order and those who are party to the proceedings will be able to put forward their arguments to the court as to whether this is necessary. 

Who can attend court and is funding available?

The child’s parents and anyone else with parental responsibility for the child will be a “party to proceedings”. If you are a party to proceedings this means that you have a right to attend each court hearing and to be privy to all reports and evidence that is relevant. Legal aid is usually available for the parents to be represented in these proceedings.

The child is automatically a party and is represented by a children’s guardian appointed by Cafcass. The children’s guardian is an independent person whose role is to promote the child’s welfare and ensure that the arrangements made for the child are in his or her best interests. The guardian appoints a solicitor to act for the child. 

Occasionally the child and guardian will not agree on what is in the child’s interests and if the solicitor decides that the child is of sufficient age and understanding, the child will be able to instruct the solicitor. The case must be concluded within 26 weeks. 

Trueman’s Solicitors has extensive experience in acting for children, parents and other family members including grandparents, in all types of children’s public law and other proceedings. The senior fee earners who deal with this type of work are members of the Law Society’s Children Panel and have been for a long time. This means they are qualified to represent children as well as parents and have been approved by the Law Society to do so.

We know these proceedings can be upsetting for anyone involved and people can feel overwhelmed. We make sure that everything is explained to you at each stage of the proceedings, so you feel reassured and understand what is going on.

If you need assistance, contact one of our lawyers at [email protected] or call 01865 722383 for expert legal advice.

• within six months of receiving a final response to your complaint

• no more than six years from the date of act/omission; or
• no more than three years from when you should reasonably have known there was cause for complaint