Care Proceedings

Care proceedings are court cases initiated by social services when they believe a child is at risk of significant harm.

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Care Proceedings

Care proceedings are court cases initiated by social services when they believe a child is at risk of significant harm. These proceedings can lead to a court order like a Care Order or Supervision Order, which grant the local authority some level of responsibility for the child's well-being. The purpose is to ensure the child's safety and well-being, often requiring a detailed assessment of the child's circumstances and the family's ability to care for them.

Here's a more detailed breakdown:

  • Initiation:
    Social services, after receiving concerns about a child's welfare, may determine that care proceedings are necessary. This often involves a thorough investigation and assessment. 
  • Threshold Criteria:
    The local authority must demonstrate to the court that the child is suffering or is likely to suffer significant harm and that this is attributable to the quality of care provided. 
  • Court Orders:

    • Care Order: This order gives the local authority parental responsibility for the child, allowing them to make decisions about the child's care, education, and health. 
    • Supervision Order: This order requires the local authority to advise, befriend, and assist the child, but it doesn't give them the same decision-making power as a Care Order. 
  • Duration:
    Care proceedings are designed to be completed within 26 weeks, but extensions can be granted if necessary. 
  • Legal Representation:
    Parents and those with parental responsibility are entitled to free legal aid throughout the proceedings.
  • Importance of Early Legal Advice:
    Due to the short notice for initial hearings, seeking legal advice as soon as care proceedings are initiated is crucial.

 

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