If you have been told that the local authority (children’s services) is starting care proceedings, or you have received family court papers, it’s normal to feel frightened and overwhelmed. Many parents worry that a decision about their child will be made immediately, but that is not always the case.
The first hearing in care proceedings is a significant stage because it allows the court to consider the immediate position and set directions for the case. It is important to note, however, that this is not the final decision about your child’s future, but the start of a structured legal process that will unfold over time.
What Happens When Care Proceedings Start
Care proceedings begin when the local authority makes a formal application to the Family Court. This usually happens because social services (now known as children’s services) believe that a child is suffering or is at risk of suffering significant harm and that the court needs to decide what should happen next.
Once the application is issued, parents are sent court papers setting out the concerns, which will be set out in a statement, the orders the local authority is asking for and the date of the first hearing. The case is then allocated to a judge or magistrate in the Family Court who will oversee the proceedings from start to finish.
Parents are automatically entitled to legal aid in care proceedings. This is non-means and non-merits-tested, which means your income does not affect eligibility. You can instruct your own care solicitor or child protection solicitor to represent you, and their fees will be covered by legal aid.
If you haven’t yet spoken to a solicitor, it is important to do so quickly, as early advice can make a significant difference to how prepared you feel at court and the outcome.
For more information about the wider process, see our page on Care Proceedings Solicitors.
What Is the First Hearing?
The first hearing in care proceedings is dependent on what orders the Local Authority are seeking. It is either usually called an interim care order hearing or a Case Management Hearing. In simple terms, this is a hearing where the judge decides how the case should move forward and if a decision as to where the child should live during the course of the proceedings needs to be made.
It usually takes place shortly after proceedings are issued, often within days or in an emergency on the same or next day. The purpose isn’t to decide everything about your child’s future. Instead, the court sets the direction of the case and considers whether any temporary arrangements as to your child’s living arrangements are needed while the case continues.
At this hearing, the judge will review the application, hear from the lawyers and decide what needs to happen next. This may include setting a timetable, ordering assessments or considering whether an interim care order is required to remove your child from your care.
Who Will Be in Court?
Several professionals are usually present at the first hearing in care proceedings. Understanding who they are and what their role involves can make the process feel more manageable.
A judge or a panel of magistrates will hear the case. They are responsible for managing the proceedings and making decisions about interim arrangements and the next steps in the case.
The local authority will be represented by a solicitor and often a barrister. Their role is to present the concerns that led to the application and explain why the local authority believes a court order is necessary.
Each parent should have their own solicitor. In many cases, a barrister will also attend to speak on the parents’ behalf. Your legal representative will advise you before the hearing, explain what is happening during the proceedings and present your position to the court.
Cafcass (Children and Family Court Advisory and Support Service), will appoint a Guardian on behalf of the child. The children’s guardian is independent of the local authority and the parents. Their role is to consider the child’s welfare, review the evidence, meet the child where appropriate and make recommendations to the court about what arrangements best safeguard the child’s interests.
Care proceedings are usually heard in private. Members of the public are not allowed to attend. This is to protect the child’s privacy and the confidentiality of the family.
What Decisions Can Be Made at the First Hearing?
During the first hearing, the court considers what immediate arrangements are required while the case continues. The focus is on interim decisions rather than the final outcomes.
One of the key issues may be whether to make an interim care order. An interim care order gives the local authority parental responsibility alongside the parents for the duration of the proceedings. It allows the local authority to make certain decisions about the child’s care while the court gathers further evidence – it doesn’t determine the long‑term plan for the child.
The court will also consider where the child should live during the proceedings. This may involve remaining in the parents’ care, living with a family member or being placed in foster care, though any temporary arrangement must be supported by evidence, and the court needs to consider whether it is necessary and proportionate at that stage.
At this stage, the court usually considers contact between the child and their parents while the proceedings are ongoing.
Where further evidence is needed, the judge will request professional assessments to ensure they have a clear picture of the situation before any longer-term decisions are made.
It’s worth remembering that everything decided at this stage is based on what’s known at the time. The first hearing is the start of the process, not the conclusion, and things can change as more evidence comes in.
Read our guide on Interim Care Orders for a fuller explanation of how they work in practice.
What Should Parents Do Before the Hearing?
If you have been notified of a first hearing in care proceedings, there are practical steps you can take.
- Instruct experienced child protection solicitors immediately. If you don’t already have a solicitor, seek one urgently. You qualify for legal aid and shouldn’t attend one alone.
- Provide your legal team with full and honest information. Share relevant documents, explain your circumstances and discuss any support you are receiving.
- Attend court. Even if you feel anxious, your presence shows the court that you are engaging with the process.
- Bring any documents your solicitor advises you to bring. This might include letters, reports or evidence of steps you have taken to address concerns.
- Try to focus on listening carefully during the hearing. Your solicitor will explain what is happening and speak on your behalf.
If your case reached court after a pre‑proceedings process, you may also wish to read about the Pre Proceedings stage and how it connects to the court process.
Getting Legal Advice Early
Parents involved in care proceedings are entitled to non-means and non-merits-tested legal aid. This means your income and savings are not assessed. You can choose your own solicitor, and their fees are covered.
Early legal advice allows your solicitor to review the local authority’s evidence, advise you on the interim care order being sought and prepare you for the first hearing in care proceedings.
Our specialist care solicitors here at National Legal Service represent parents across England and Wales. We work calmly and clearly, explaining each step so you understand what is happening and what decisions are being considered.
If you have received court papers or been told that proceedings are starting, contact our team urgently. Early advice can help you approach the hearing with clarity.
You can also find further guidance on related topics such as Section 20 arrangements and Legal Aid on our website.
Information is for general guidance in England and Wales and is not a substitute for legal advice.
