Your Child Has Been Taken into Care Proceedings
Care proceedings are brought by the local authority under section 31 of the Children Act 1989. Parents are entitled to non-means-tested legal aid and must participate actively to protect their rights.
Quick Answer
Care proceedings start when the local authority applies for a Care or Supervision Order under section 31. You are automatically entitled to non-means-tested, non-contributions-assessed legal aid. Instruct a family panel solicitor immediately — the case will move quickly under the 26-week timetable. Engage fully with court-ordered assessments and explore all kinship and family options.
Full Explanation
Under section 31 of the Children Act 1989, a local authority may apply to the Family Court for a Care Order or Supervision Order in respect of a child. The court must be satisfied of two 'threshold criteria': (1) that the child is suffering, or is likely to suffer, significant harm; and (2) that the harm is attributable to the care given (or likely to be given) by the parents, or the child being beyond parental control.
Meeting the threshold does not automatically mean the child will be removed permanently. The court must then apply the welfare checklist (s.1(3) CA 1989) and the 'no order' principle (s.1(5)) — orders are only made if doing so is better for the child than making no order. The court will consider the full range of options including a Supervision Order, a Child Arrangements Order in favour of another family member, or Special Guardianship.
Care proceedings operate under a 26-week timetable (introduced by the Children and Families Act 2014, s.14). The first hearing (Advocates' Meeting and CMH/Case Management Hearing) takes place early. An Independent Social Worker, a psychologist, or a parenting assessment may be ordered. A Cafcass Children's Guardian is appointed to represent the child's interests independently.
You have the right to instruct your own solicitor throughout. The legal aid certificate is automatically available without a means or merits test. Your solicitor will represent you at all hearings and can instruct a barrister (counsel) for contested hearings.
If the court makes a Final Care Order, this gives the local authority parental responsibility alongside the parents (who retain parental responsibility but the LA's decisions override theirs). A Supervision Order does not remove parental responsibility but places the child under the supervision of a social worker for up to one year. Special Guardianship Orders and Adoption Orders are alternatives that place the child permanently with family members or adopters.
Legal Basis
- §Children Act 1989 s.31 — threshold criteria for care and supervision orders
- §Children Act 1989 s.38 — interim care and supervision orders
- §Children Act 1989 s.1 — welfare principle and welfare checklist
- §Children and Families Act 2014 s.14 — 26-week timetable for care proceedings
- §Legal Aid, Sentencing and Punishment of Offenders Act 2012 — non-means-tested public law family legal aid
What To Do
Instruct a Family Panel Solicitor Immediately
Contact a solicitor on the Law Society's Children Panel. You are entitled to non-means-tested legal aid — do not be deterred by concern about cost. The solicitor will obtain an emergency legal aid certificate and represent you at the first hearing.
Attend the Case Management Hearing
The first Case Management Hearing (CMH) takes place shortly after proceedings are issued. The court will set the timetable, identify the issues, and order assessments. Your solicitor should attend with you.
Engage with Court-Ordered Assessments
Comply with all court-directed assessments — parenting assessments, psychological assessments, drug and alcohol tests. Non-engagement or negative results will be placed before the court. Cooperate fully but take your solicitor's advice on anything you are asked to sign or admit.
Identify Kinship Carers
Provide the local authority and court with details of all family members who might be able to care for the child if you cannot. Family members may be assessed as potential kinship foster carers or as Special Guardians. This can prevent the child being placed with strangers.
Consider Special Guardianship
A Special Guardianship Order (SGO) places the child with a family member or carer on a long-term basis without adoption. The parent retains parental responsibility but the SGO holder's decisions take precedence. This is a common alternative to adoption in care proceedings.
Important Deadlines
Important Warnings
An Interim Care Order (ICO) allows the local authority to remove a child during proceedings — challenge any ICO vigorously through your solicitor if there is no immediate risk.
The 26-week timetable moves fast — missing hearings or assessments will be used against you. Keep all appointments.
Section 20 accommodation (voluntary accommodation) is not a court order but social services may pressure you to agree — take legal advice before signing any s.20 agreement as it can affect later proceedings.