Putting children and young people first in the family courts

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Care proceedings

 

If a local authority has serious concerns about the safety or welfare of a child, it can apply to the court for permission to take action to protect the child. These are called ‘care’ or ‘supervision’ proceedings.  

Children can be taken into care when they are: 

  • suffering, or are likely to suffer, serious harm from the way they are looked after

        • beyond the control of a parent or carer.

After receiving an application from a local authority the court will then usually request for Cafcass to become involved in the case.

 

When will a local authority make an application to take children into care?

 

The types of concerns that may trigger a local authority to apply to the court include:

 

Neglect

 

When the local authority believes a child is being neglected. Neglect involves ongoing, serious failure to meet a child’s basic needs and can include:

        • not taking the child to see a doctor when they need to go

        • not giving the child enough to eat or drink

        • not ensuring the child receives an education

        • not keeping the child clean.

 

Abuse

 

When the local authority is worried that a child has been, or is likely to be, abused either by their parents or carers, or other people they know. Abuse includes:

        • Physical abuse, which is inflicting pain or injury to a child and also includes giving a child harmful substances, such as drugs, alcohol or poison.

        • Sexual abuse, when a child is pressured, forced or tricked into taking part in any kind of sexual activity.

        • Emotional abuse, when a parent or carer behaves in a way that is likely to seriously affect the child’s emotional development. This can include constant rejection, continual and/or severe criticism and witnessing domestic violence.

 

What will happen to the child

 

If this is demonstrated as a result of the evidence the local authority brings to court, the outcome for the child will usually be one of the following:

        • going home if the safety and quality of parenting improves

        • going to live with a relative in the child’s extended family

        • going to live with a foster parent (being fostered)

      • being adopted

 

How long do care proceedings take

 

The courts will try to make a decision about what is going to happen to your child within 26 weeks of the application being made (about six months).

During that time a lot will be happening. People, including the guardian and the local authority social worker will be trying to understand the reasons why a child may be at risk and what can be done to keep them safe.

They will carry out assessments to help decide whether a child can return home or whether they should stay in care. There may also be assessments of other family members or friends who may be suitable carers if a child does not return home.

 

Role of Cafcass

 

In care cases the Cafcass worker is called a Children's Guardian. Their most important role is to make sure your children are safe and to help make sure that the decisions made about them are in their best interests.

Find out more about Cafcass' work in care cases including what will happen after you have received a letter from us.

 

If you do not agree with the local authority’s care plan for your child

 

It is important that you get advice from your solicitor and that you let the court, Cafcass and the local authority know about your objections.

Your child will also have an Independent Reviewing Officer (IRO) appointed to review the local authority’s care plan and you can speak to them and attend reviews to give your views.

If your children are subject to care proceedings you have the right to your own solicitor. We recommend that you contact a solicitor who is experienced in children’s family law cases and who is a member of the Law Society Children Panel.

 

Finding more help  

 

There are also other organisations that support parents whose children are involved in these cases. Many of these organisations also offer support for friends and family members. 

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