We represented a parent within care proceedings involving their young children. These proceedings resulted in the children being returned to the care of their parents following a transition period.
Children placed in foster care
The children were initially placed in foster care, which was agreed by the parents, while assessments were carried out. This allowed the parents the opportunity to move to a new area and secure housing, proving that they could change their lifestyle for the benefit of their children. This arrangement also allowed the parents to fully engage with, and focus on, a variety of support services. They also attended family time with the children over a period of 11 months. This time spent focusing on their lifestyle and mental health has resulted in them being in the best position possible to care for their children.
Positive parenting assessment
Recommendations were made by the assessments carried out. Our client took all the recommendations on board and was able to make and sustain the required changes. They were also proactive in seeking further support. This resulted in a positive parenting assessment of our client jointly with their partner. This assessment recommended that the children return home after a carefully managed transition period. Our client engaged incredibly well with all professionals involved.
Support from an intermediary
Our client required the assistance of an intermediary throughout the proceedings to ensure fair participation. We instructed Communicourt to support our client. Communicourt ensured our client fully understood the recommendations and the consequences of any decisions made, enabling clear and effective instructions to be given. They also assisted our client at court, ensuring they understood what was being said.
We provided exceptional guidance throughout the proceedings, helping our client make any necessary changes. Following a successful transition period, the children returned to their parents’ care under a Supervision Order.
Our client was represented by Trainee Solicitor, Sadie Young-Browne, under the supervision of Partner, and Joint Head of the Family & Childcare Department, Max Konarek. Adam Clegg and Tayla Dwyer of Pump Court Chambers were instructed as counsel.
FAQs
Can you get your child back from foster care?
Yes, it is possible for your child to return to your care from foster care. The court will want to see evidence that the concerns which led to care proceedings being issued have been addressed.
What happens when proceedings are issued?
Once the Local Authority have issued proceedings, a hearing will be listed. This will usually be an Interim Care Order (ICO) hearing. At this hearing the court will decide where the chid should be placed in the short term, while the court gathers evidence to make a final decision.
What is the process of care proceedings?
There will be an initial hearing, called an Interim Care Order (ICO) hearing. This hearing will consider whether the children should be removed from their parents’ care and placed elsewhere. This could be with a family member / friend or in foster care. There will then be further Case Management Hearings (CMH). These hearings set directions for how the case will progress. This could include asking for assessments of the parents.
In complex cases, a Fact-Finding Hearing may be necessary. This is where the court is asked to decide upon findings the local authority seeks against certain parties in proceedings. Before a Final Hearing, there will be an Issues resolution Hearing. This hearing could be used as a Final Heairng if all the parties are agreed. If the parties are not agreed, it will be used to determine what the issues are that need to be considered at the Final Hearing. The Final Hearing is where the court will make a final decision about long term care arrangements for the child. The whole process can take up to 26 weeks, but will take longer in complex cases.
