When a local authority begins care proceedings, it is often a deeply emotional and confusing time for parents and carers. You may have already been working with social services under a child protection plan, or you may have just received notice that care proceedings are being issued. In either case, understanding the legal process, your rights, and what will be expected of you is vital.

This guide explains how care proceedings work, what happens at each stage, and how to access the right support. It also outlines the role of a care proceedings lawyer and why obtaining legal advice for care proceedings early can significantly affect the outcome for your family.

What Are Care Proceedings?

Care proceedings are a legal process initiated by a local authority when it believes a child may be suffering, or is at risk of suffering, significant harm. These proceedings are brought under Section 31 of the Children Act 1989, which gives the court the authority to make decisions about a child’s welfare, including who should care for the child and where they should live.

Typically, care proceedings follow earlier involvement with social services. This could include a Section 47 investigation, a Child in Need plan, or a Child Protection Plan. If professionals working with your family feel that the risks are ongoing or increasing despite support, the local authority may move to issue public law proceedings through the Family Court.

Why Have Care Proceedings Been Started?

The local authority must show that the threshold for significant harm has been met. This could relate to:

• Physical, emotional, or sexual abuse

• Neglect

• Domestic abuse in the home

• Substance misuse by a parent or carer

• A failure to protect the child from risk

To begin proceedings, the local authority submits an application to the Family Court. This application includes a statement from the child’s social worker and may contain supporting documents such as police records, medical reports, and results of any parenting or drug and alcohol assessments that have already taken place.

What Happens at the Start of Care Proceedings?

Once the local authority applies to court, the case is listed for a Case Management Hearing, usually within a few days. You will be formally notified and provided with all the documents submitted to the court. If you have already been involved in pre-proceedings and received a Letter Before Proceedings, you may already have a solicitor. If not, it is essential to get legal representation immediately.

If you are a parent or hold parental responsibility, you are automatically entitled to care proceedings legal aid. This means you do not need to pay for a solicitor, regardless of your income or financial situation.

At the first hearing, the judge will consider whether any interim orders are necessary to safeguard the child while the proceedings are ongoing. These may include:

• An Interim Care Order, which gives the local authority shared parental responsibility and the authority to make decisions about your child’s living arrangements.

• An Interim Supervision Order, which allows your child to remain at home under the supervision and support of a social worker.

The court will also set a timetable for the rest of the case and decide what further evidence or assessments are required.

What Happens During the Proceedings?

After the initial hearing, there will usually be a series of directions hearings. These are used to monitor progress, review assessments, and manage the case efficiently. You may be asked to:

• Participate in parenting or psychological assessments

• Engage in drug or alcohol testing

• Attend courses (such as domestic abuse programmes or parenting work)

• Identify family members who could be assessed as potential carers

You will also have the opportunity to submit your own witness statement, explaining your position and what you believe is best for your child. Your solicitor will help you prepare this statement and respond to the concerns raised by the local authority.

Throughout the proceedings, the court may seek additional reports from professionals such as Cafcass (Children and Family Court Advisory and Support Service), health visitors, teachers, and other experts involved in your child’s life.

This part of the process is vital, as it gives the court a full picture of your family’s situation and allows the judge to make an informed decision.

What Is an Issues Resolution Hearing (IRH)?

An Issues Resolution Hearing, or IRH, takes place once most of the evidence has been gathered. The judge will use this hearing to review the case and determine whether the issues can be resolved without the need for a Final Hearing.

If all parties agree on what should happen, the case may be concluded at the IRH. However, if there is still disagreement, for example, if the local authority wants the child placed in foster care and the parents wish for the child to return home, the court will list the matter for a contested Final Hearing.

What Happens at the Final Hearing?

The Final Hearing is when the court makes a decision about your child’s long-term care. The judge will hear oral evidence from:

• Parents and carers

• The social worker

• The children’s guardian (from Cafcass)

• Any relevant experts or family members

Each party will be represented by a solicitor or barrister, and the court will consider all available evidence. After hearing submissions, the judge will decide what is in the best interests of the child. Possible outcomes include:

• No order if the court believes intervention is no longer necessary

• A Care Order, giving the local authority shared parental responsibility and long-term placement authority

• A Supervision Order, allowing the child to remain at home with continued support

• A Special Guardianship Order to place the child with a relative long-term

If a Care Order is made, it will usually last until the child turns 18, unless successfully discharged earlier.

What Are Your Rights as a Parent?

During care proceedings, you have several key rights. You are entitled to:

• See all evidence submitted in your case

• Have a solicitor represent you and act in your best interests

• Challenge the local authority’s plans for your child

• Suggest alternative carers, such as trusted family members

• Apply to discharge a Care Order in the future if your circumstances improve

Engaging early with your solicitor and with the process is the best way to ensure your views are heard and your child’s welfare is properly considered.

Why Legal Representation Is Essential

Because of the complexity and seriousness of care proceedings, having a care proceedings lawyer is essential. A solicitor can help you understand your rights, explain the court’s expectations, and present your case in a clear and compelling way.

Your solicitor will also help you complete any necessary documents, respond to allegations, and work with other professionals involved in your case. If you are struggling with the emotional impact of the process, your legal team can also help you access additional support services.

Thanks to public law proceedings legal aid, all parents are eligible for legal representation in care proceedings at no cost to them. Do not delay in seeking advice, early involvement gives you the best chance of a positive outcome.

Final Thoughts: Navigating Care Proceedings

Care proceedings are one of the most serious processes a family can face in the family court system. The court’s role is to protect children, but also to ensure that families are treated fairly and given every opportunity to make necessary changes.

The process is often fast-moving, emotionally challenging, and complex. But with the support of a knowledgeable care proceedings lawyer, you can navigate the system, understand what is required of you, and work towards the best possible outcome for your child.

Speak to a Care Proceedings Lawyer Today

At Berkson Family Law, we specialise in representing parents, carers, and relatives involved in children matters across England and Wales. Our team offers trusted, compassionate legal advice and is fully accredited in public law proceedings legal aid.

If you’ve received a Letter Before Proceedings, been told your case is going to court, or are already partway through proceedings, we are here to help.

Contact us today for a free, confidential consultation.
Phone: 0151 236 1234
Email: info@berksonfamilylaw.co.uk