In the world of family law, care proceedings are a crucial legal process when it comes to the protection, well-being and safety of vulnerable children.

As a family law firm committed to advocating for the best interests of families, we recognise the significance of care proceedings and their potential impact on children’s lives and those of the family as a whole.

In this blog, we will look at the nature of care proceedings and who they affect as well as emphasize the role of a family law firm in guiding families through this challenging legal journey.

 

Understanding Care Proceedings:

Care proceedings are legal proceedings initiated by local authorities when there are concerns about a child’s welfare and no other attempts at intervention have been successful either by the children being placed on a plan (child in need or child protection) or by engaging in the Public Law Outline (PLO) process. These concerns may arise from issues such as neglect, abuse, domestic violence, or parental substance misuse.

The primary objective of care proceedings is to determine whether it is necessary for the local authority to intervene in the child’s life in either the interim or long term to safeguard their welfare.

 

The Role Of A Family Law Firm:

When care proceedings are initiated, families find themselves in a distressing and emotionally charged situation and usually require immediate urgent assistance.

At this critical juncture, a family law firm plays a vital role in providing legal advice, guidance and representation to you.  It is therefore very important to engage the services of an experienced family lawyer as soon as you find yourself in this position and the local authority should provide you with a list of accredited family solicitors for this purpose.

Furthermore, family law firms, such as ourselves, may also work with local support agencies or councils to ensure the best possible representation and support is given to the family in question.

 

Protecting the Best Interests of Children:

The core focus of care proceedings is the best interests of the child.

Local authorities are obliged to undertake investigations and present evidence to the court, demonstrating whether it is necessary to remove the child from their current environment and place them in the care of a suitable guardian which could either be another family member or a foster placement whilst final decisions are being made.  The local authority may also apply for an Interim Care Order which allows them to share parenting decisions with any person who has parental responsibility for the child.

In such cases, family law firms strive to ensure that parents are granted a fair opportunity to present their side and provide legal and practical advice as to how they can improve their circumstances.

 

Working Towards Reunification:

While the welfare of the child is paramount, care proceedings also emphasize the importance of family preservation and reunification whenever possible.

Family law firms believe in exploring all avenues to help parents address the concerns raised by the local authority. This can involve collaborating closely with other professionals to develop comprehensive plans that can lead to positive changes and ultimately reunite families.

 

Supporting Extended Family and Kinship Care:

Care proceedings are not solely focused on birth parents, they also aim to identify and involve other family members who can provide a stable and safe environment for the child.

This includes extended family members, grandparents or close friends who can offer kinship care.

Family law firms recognise the significance of maintaining strong familial connections and work diligently to advocate for the involvement of suitable kinship carers in care proceedings.

 

How Can HAB Law Help:

It is common for Social Services to become involved if there are concerns about a child.

Once Social Services become involved with your children, there is a process which it must generally follow before the commencement of any Court proceedings unless an urgent application is considered necessary.

This is called the Public Law Outline and will involve your having to attend meetings with a Social Worker and possibly engaging in assessments outside of the court arena.

If the Local Authority believes that no further work can be done to reduce the risk to the child, it will usually serve a notice upon a parent to the effect that it intends to issue care proceedings.

We can help right from the commencement of any investigations by the Local Authority in ensuring that you have proper representation at any PLO meetings and are provided with the right legal advice during that process or whilst in court proceedings.

We will also advise you when it is appropriate to cooperate with the Local Authority and what you will need to do to ensure that any concerns of the Local Authority are suitably addressed.