Care and Supervision Proceedings
A care order is an order made by the Court that places a child in the care of the Local Authority until they reach the age of 18. In effect it allows the Local Authority to share parental responsibility for a child(ren) and they can make decisions about the care of that child. The Local Authority should still continue to consult parents regarding issues such as education, medical treatment and religious upbringing.
This order means that the Local Authority have a duty to advise, assist and befriend a child. A Supervision Order does not grant the Local Authority parental responsibility, however they must provide support and advice families on how they can address the concerns that social services may have about a child.
Who is involved in care proceedings?
The Local Authority are the Applicants in such proceedings and the Respondents will be anyone with parental responsibility. The child who is also subject to the proceedings will automatically be joined as a party and will have a Guardian and solicitor appointed to represent the.
What is going to happen?
The Local Authority will serve you with an application which will include a hearing date and details as to where the case will be heard. The Local Authority’s application will also include details as to the care plan and why they are seeking such an order.
What are the grounds for an Order to be made?
The Court must be satisfied that the child concerned is suffering or likely to suffer significant harm and that the harm or likelihood of harm attributable to the care given to the child or the child is beyond parental control. This is known as the threshold criteria.
How long will proceedings last?
Proceedings should conclude within 26 weeks, however in some circumstances an extension may be granted
Will I be entitled to legal aid?
As a party to care proceedings you are automatically entitled to public funding (legal aid) and will be represented throughout the case. Public funding in these cases is non means and non merits tested and there is no requirement to pay the costs back to the Legal Aid Agency.
Why choose National Legal Service Solicitors- Family & Child Law Solicitors
No matter how difficult or complicated the circumstances, our experienced child care lawyers are committed to securing the best possible outcome for you and your family. If social services have taken your child into care, or have threatened to do so, it’s important that you are represented by someone who understands the legal process.
Social Services Legal Advice- Family law solicitors near you
Our family law department has over 8 members of the Law Society’s Children Panel with over 30 years of combined experience in dealing with Family and child law matters. Speak to our child care solicitors confidentially on 0203 601 5051.