Legal Services
Frequently Asked Questions
- Why are Social Services involved with my family?
- What is a Child Protection Case Conference and the Child Protection Register?
- What happens if Social Services start Care Proceedings?
- Who will decide what happens to my child?
- Who will be at court?
- How long will the Court process take?
- Is it possible for my child to be removed from my care?
- Will I be able to see my child in care?
- Will I be given a chance to explain what has happened?
- Can my family help out?
- What does a Care Order mean?
- What other orders can be made?
- Will I have to pay my solicitor for representation in the court proceedings?
If the Local Authority begins care or supervision proceedings in respect of a child Graysons solicitors offers specialist advice and representation.
We can arrange immediate public funding for parents and children and quickly asses eligibility for all others involved.
At all times we will deal with these difficult matters in a sensitive and responsive way. Our considerable knowledge and experience enables us to ensure that your views are fully heard and represented and that a best outcome is achieved.
Why are Social Services involved with my family?
Local Authority Social Services Departments have duties towards children in their areas. Their most public role is the prevention of neglect or abuse. If they become aware of concerns in respect of a child they have a duty to assess and monitor. It is important to co-operate fully with Social Services as they have significant powers and often become more concerned if people are reluctant to talk to them.
What is a Child Protection Case Conference and the Child Protection Register?
Where there are concerns that a child may be at risk of harm information and assessments will be recorded and monitoring undertaken to assess what help and assistance may be needed for a family. Where serious concerns arise, a Case Conference will be called gathering together all of those concerns including the parents or carers, family members, school, health and community workers and police, if appropriate. Such meetings can be overwhelming for parents and they can request that a solicitor or representative attend with them to observe. A Child Protection Plan should be devised and notified to all attending and a child’s name may be placed on a Child Protection Register under a specific category, for example emotional or physical abuse if the conference feels this is necessary. The plan should have specific objectives and timescales and reviews will be held regularly, usually at 3 months and then at 6 monthly intervals to ensure that things are improving and that the child is well cared for. If a child’s name is placed on the Child Protection Register it does not necessarily mean that a court case will follow or that the child will be automatically removed from the care of the parents.
What happens if Social Services start Care Proceedings?
Care proceedings are started where a local authority believe a child has suffered or is likely to suffer significant harm. Usually a letter before proceedings will be sent outlining the worries and suggesting that legal advice is taken. These cases will be known as Public Law proceedings and will be issued in the local Family Proceedings Court by the local council. The reasons for the action will be set out in the application and there may be a lot of surrounding documentation. It is important to obtain legal advice immediately.
Who will decide what happens to my child?
The court will make decisions about whether a Care or a Supervision Order will be made. This can be done by either a single Judge or by Magistrates. Short term interim Orders are often made whilst further assessments and investigations are carried out.
Once proceedings are issued the child or children will be represented by their own solicitor and an independent guardian whose only concern is the welfare of the child. Every person with parental responsibility is automatically allowed to become part of the proceedings and have their voices heard if they wish. Some fathers may not have parental responsibility but they nevertheless are entitled to ask the court to become involved in proceedings and most often they will be allowed. Close family members who have been involved with the care of the child may also apply to be parties to the case. The social worker and local authority legal representative will attend. Care proceedings are private and confidential in nature and only those directly involved will be able to come into the courtroom although it is possible for a friend or relative to provide support whilst waiting for the case to be heard. The press very rarely attend Family Court and cannot identify a child in proceedings.
How long will the Court process take?
Care proceedings are stressful and they are disruptive for families. The courts recognise that where children are involved proceedings should move as quickly as possible. The outline guidance suggests that cases should be concluded within 40 weeks. Sometimes however cases may be shorter or take longer because of assessments and developments in the case.
Is it possible for my child to be removed from my care?
The court does have power in exceptional cases to remove children on an emergency short term basis under an Emergency Protection Order where there are very serious concerns about the child’s welfare. Almost invariably care proceedings follow and a child may reside with foster carers under an interim care order if the court feels this is necessary. The social worker should consider any family placement that may be available. Almost always there will be an opportunity for these decisions to be contested before the Judge and for evidence to be challenged. It is vital to work openly and closely with Social Services, to answer any concerns that they may have and to work with them so that wherever possible a child can remain with their family whilst assessments go forward.
Will I be able to see my child in care?
If a child is removed under an Interim Care Order and is placed in foster care the local authority are under a legal duty to promote contact between the child and his parents and brothers and sisters unless the court directs otherwise with good reason. The court will be able to consider the frequency and length of contact. It will generally be supervised in a contact centre and can form part of any assessment. For an older child the wishes and feelings of the child will also be taken into account and given serious consideration.
Will I be given a chance to explain what has happened?
A parent and family member can and should be represented and there are many opportunities to be heard and to challenge evidence that is not agreed. Assessments are often undertaken by social workers but also by independent experts such as psychologists and psychiatrists whose reports will help the court understand the background to the case. These can sometimes take time so it is vital that any appointments made for assessment for parents and family members are attended to avoid delay.
Family members are very important in providing both support to parents and by making themselves available to care for children directly. In times of family crisis it is common for children to be cared for within the extended family. It is vital for family members to come forward as soon as possible if they can assist so that they can be assessed. The local authority must consider the welfare of children first and if at all possible the court will expect a child to be cared for within its natural family and to remain together with any brothers or sisters.
A care order gives social services the power to make decision about where a child should live and who the child should have contact with. They will share parental responsibility with parents and will be expected to consult the parents and provide information. If a final care order is made there will be a written care plan approved by the court setting out the arrangements and plans. Sometimes a Placement Order will also be made at the end of a case which authorises the council to make arrangements to place the child for adoption. It is unlikely that a child will continue to have contact with family members after placement for adoption though indirect letter contact is usually agreed.
What other orders can be made?
There are many other possible orders but Supervision Orders are most common. Such orders provide that social services should advise, assist and befriend a child and support their carers; either parents or family members. Special Guardianship orders are also frequently made to allow, usually close, family members to care for children with overriding legal responsibility for them but allowing a parent to retain parental responsibility.
It is vital that you understand your legal rights and those of your children and how decisions will be made. Early independent legal advice is essential to achieve the best outcome.
Will I have to pay my solicitor for representation in the court proceedings?
When the Local Authority make an application for a Care Order or a Supervision Order, the parents of any child involved in those proceedings are automatically entitled to Public Funding (Legal Aid). This means that as a parent of a child involved in care proceedings, you will not have to pay for your legal representation.
If another family member wishes to become involved in the court proceedings, they may be entitled to Public Funding (Legal Aid) but this will depend on whether their case is deemed to have merit and whether they qualify financially. At Graysons WE the team we will be able to offer a 30 minutes free consultation and will be able to advise you whether Public Funding is likely to be available.
Contact us for a consultation or follow the links for more information.
Jonathan F West ~ Kate M Fitzpatrick ~ Michelle Cooper ~ Sandra Russell