Care proceedings are legal processes initiated by a local authority when there are concerns that a child is at risk of significant harm. The aim is to ensure the child’s safety and welfare. Common reasons include neglect, physical or emotional abuse, parental substance misuse, domestic violence, or severe mental health issues affecting caregiving. The court decides whether the child can remain with their parents or needs to be placed in care.

A Care Order is a court order that places a child under the care of a local authority until they turn 18 or until the order is discharged. While parents retain their parental responsibility, the local authority shares it and has the authority to make key decisions about the child’s welfare, including education, medical treatment, and where the child lives.

The UK court system aims to conclude care proceedings within 26 weeks, following statutory guidance under the Children and Families Act 2014. However, extensions may be granted in complex cases, such as when there are disputes over the facts, additional assessments are needed, or international considerations arise.

An Interim Care Order (ICO) is a temporary order granted while care proceedings are ongoing. It allows the local authority to take protective measures, such as placing the child in foster care or with relatives. Unlike a full Care Order, an ICO does not permanently transfer parental responsibility; it lasts for the duration of the proceedings and is reviewed regularly.

The Children’s Guardian, appointed by the Children and Family Court Advisory and Support Service (Cafcass), is an independent officer who represents the child’s best interests in court. They investigate the case, speak with the child (if appropriate), review the local authority’s care plan, and make recommendations to the court about what is in the child’s best interests.

The first hearing, known as the Case Management Hearing (CMH), sets out the timetable for the case and addresses urgent matters, such as where the child will live during proceedings. It is an opportunity for parents and their legal representatives to respond to the local authority’s application and for the court to issue directions for further assessments or evidence.

Yes, parents can contest a Care Order by presenting evidence and arguments to show that the child is not at risk of significant harm. Parents should engage with the process, attend all hearings, and cooperate with assessments or services. Having experienced legal representation is crucial to effectively challenge the local authority’s claims.

The court examines a wide range of evidence, including:

• Reports from social services.
• Assessments (e.g., parenting capacity, psychological evaluations).
• Statements from parents, relatives, or other caregivers.
• Medical or school records.
• The views and recommendations of the Children’s Guardian (Cafcass). The court’s decision is based on the welfare of the child as the paramount consideration.

If the court determines that a child cannot safely remain with their parents, several options may be considered:

• Kinship care: Placing the child with relatives or friends approved as carers.
• Foster care: Temporary placement with trained foster carers.
• Adoption: Permanent placement if the child cannot return to their family. The local authority must present a detailed care plan outlining the proposed arrangements and how the child’s needs will be met.

Yes, care proceedings can end without a Care Order if the court is satisfied that the child is no longer at risk. Once a Care Order is made, parents or other parties can apply to discharge it if circumstances change. The court will need evidence that the issues leading to the Care Order have been resolved and that it is in the child’s best interests to return home or to another arrangement.