Care proceedings

Care proceedings are situations where the Local Authority (Social Services) has concerns about the child's welfare to such an extent that Social Services wish to intervene.

Emergency protection order

An Emergency Protection Order can be made with no notice, or very little notice, to the parents. The Order gives parental responsibility to the Local Authority who then share parental responsibility with the child's parents.

The Local Authority is obliged to justify to the Court that there is a genuine emergency and that there is reasonable cause to believe that the child is likely to suffer significant harm without such an order being granted.

Care proceedings

If the situation is not urgent but the Local Authority continues to have concerns about the welfare of a child, it is likely to commence care proceedings.

In such a situation you are likely to be invited to a meeting where the Local Authority gives you a final opportunity to consider and address the concerns that they have. You are entitled to legal advice in such a meeting and a representative from the Michelmores Family Law Service will be more than willing to attend.

If care proceedings are commenced, it may take several months for the Court to collect all necessary information to decide whether a final Care Order should be granted. In the meantime, your children may be subject to an Interim Care Order.

Interim care orders

An Interim Care Order is usually made for a limited period and has to be regularly reviewed and renewed.

Supervision orders

With a Care Order, the Local Authority share Parental Responsibility with the parents.

Under a Supervision Order, the Local Authority does not gain Parental Responsibility but has a duty to advise, assist and befriend the parents.

Contact

The Local Authority are under a duty to allow a child reasonable contact with his parents. If you do not consider your level of contact to be reasonable then you can make an application to the Court.

Wider family members

In the event that it is not possible for your children to reside with you, even on a short term basis, the Local Authority are under a duty to consider whether the children can reside with any members of your wider family or family friends. This option should be considered before foster care.