When social services become involved if there are concerns over a child’s welfare, it can be an extremely distressing time for families. This may happen in cases when there have been allegations of neglect, abuse, or other safeguarding concerns. In some cases, this can lead to child protection proceedings (known as Care Proceedings), or the issuing of other Court orders such as Supervision Orders or Emergency Protection Orders.
In this blog, our Child Law team explain what the legal processes involve when the local authority intervenes. We also outline the steps you can take if you are involved in child protection proceedings.
Public Law Matters: When Social Services and the Local Authority Get Involved
Public law involves intervention by the local authority when there are serious concerns about a child’s safety or welfare.
What Happens If the Social Services Become Involved?
Care Proceedings are the investigations or interventions of the local authority when they believe a child’s safety or welfare is at risk. These proceedings take place in the Family Court, and depending on the evidence and the child’s best interest, can result in various outcomes, including the Court issuing one of the following orders:
- A Care Order: A Care Order gives the local authority parental responsibility and allows them to make decisions about the child’s care and living arrangements.
- A Supervision Order: This allows the child to remain at home or with a family member, but under the supervision of the local authority over a set period.
- Emergency Protection Order (EPO): An EPO is a short-term order used in urgent situations where a child needs immediate protection. These orders can authorise the removal of the child from the home or prevent contact with certain individuals.
What Happens During Child Care Proceedings?
If Child Care Proceedings become necessary, they typically begin with an application to the Family Court, followed by various processes that may involve:
- Assessments by social workers and other professionals
- Reports from CAFCASS (Children and Family Court Advisory and Support Service)
- Statements from parents and other parties
- Interim orders to protect the child while proceedings are ongoing
What Should I Do If I am Involved in Care Proceedings?
The involvement of social services and the local authority can be extremely distressing for all involved, and it is natural to have questions about what to do next. If you have been notified of care proceedings involving your child, or if you are concerned that such proceedings may be initiated, it is essential that you seek specialist help at the earliest opportunity.
At Langley Wellington, our child law team provides sensitive advice and guidance without judgement. Our child care proceedings solicitors have extensive experience in this complex area of law. We regularly represent parents, guardians, and family members in all public law child care proceedings brought by the local authority.
Are Children Entitled to Legal Representation?
Sometimes, children may require separate legal representation in care proceedings. Under these circumstances, we are often instructed by Court appointed Children’s guardians to represent children in care proceedings to find a solution that will cause the least amount of impact and is in their best interests.
Our Child Law Team
Our family law team, which includes accredited members of the Law Society Children Panel, have extensive experience in working with vulnerable people and children and in dealing with parents whose children have been, or are about to be, placed in care. Find out more about our team below:
- Caroline Kennedy – Family law solicitor, Partner and Head of Family Law. Considerable experience in representing families through complex child law matters and disputes about children.
- Emma Pugh – Fellow of CILEx with over 30 years’ experience and a specialist in Care Proceedings, Pre-Proceedings, and dealing with Social Services.
- Karen Franstone – Chartered Legal Executive with over 25 years’ experience, with expertise in Child Arrangements.
Get in Touch with Our Family Law Team
For more information about our family law or child law services or to speak with a member of our team, call 01452 521286 or make an online enquiry. We have two office locations across Cheltenham and Gloucester.
Useful Resources:
*The Family Mediation Council: https://www.familymediationcouncil.org.uk/
**Gloucestershire County Council: Contact Children and Families Services https://www.gloucestershire.gov.uk/health-and-social-care/children-young-people-and-families/contact-children-and-families-services/
Gov.UK: Making child arrangements if you divorce or separate.
This blog post is not intended to be taken as advice or acted upon, and information may have changed since publication. If you are seeking legal advice, please contact our team of solicitors.
