How do care proceedings work?

At Haris Law Solicitors, we specialise in family law and support parents and carers facing care proceedings. These cases begin when a local authority believes a child is suffering or at risk of significant harm, and may apply to the Family Court for protective orders, such as a Care Order.

Care proceedings are a legal process triggered when social services believe a child is not receiving safe or appropriate care. This may include concerns about neglect, abuse, exposure to domestic violence, or a parent’s inability to meet the child’s needs. The local authority must prove that the case meets the threshold criteria set out in the Children Act 1989, meaning the child is at risk of harm due to the care they receive.

The Public Law Outline (PLO) Process

Before taking the case to court, the local authority is required to follow the Public Law Outline (PLO) – a formal process that gives parents a final chance to make changes. If you're involved in the PLO process, you will receive a Letter Before Proceedings, inviting you to a Pre-Proceedings Meeting. This meeting is crucial and you are entitled to free legal advice. At Haris Law Solicitors, we can represent you and help negotiate with the local authority to avoid court action where possible.

Emergency Powers

In urgent cases, the police can use Police Protection powers to remove a child from a parent’s care for up to 72 hours. Beyond this, a court order is required for any continued removal.

Main Types of Orders

There are four key orders that can be made during public law proceedings:

• Care Order: Gives the local authority shared parental responsibility, allowing them to decide where the child lives, goes to school, and receives medical care. Parents retain some rights but the local authority takes the lead.

• Placement Order: Allows the local authority to place a child for adoption. If followed by an Adoption Order, this permanently ends the legal relationship between parent and child.

• Supervision Order: The child remains with the family, but the local authority monitors and supports them. No parental responsibility is transferred.

• Special Guardianship Order: Usually granted to relatives or family friends. Special Guardians receive enhanced parental responsibility and can override decisions made by birth parents.

Court Hearings

Several hearings take place during care proceedings:

• Case Management Hearing (CMH): Sets the timetable and outlines evidence to be collected from key individuals, including social workers, doctors, and teachers.

• Contested Removal Hearing: If social services want to remove the child and parents disagree, the court decides whether removal is justified.

• Issues Resolution Hearing (IRH): Identifies the remaining points of dispute. If all issues are resolved, a final order may be made here.

• Final Hearing: The court hears all evidence and decides whether to issue a Care Order or another outcome.

Legal Aid & Representation

If you’re a parent involved in care proceedings or the PLO process, you are entitled to legal aid, meaning you can access expert legal support free of charge. Children are also represented in court through a CAFCASS Guardian and solicitor.

If social services have contacted you or you've received a PLO letter, contact Haris Law Solicitors immediately for an in person appointment at our offices in Blackburn, Lancashire or over the phone. Our experienced family law solicitors are here to protect your rights and support your family every step of the way.