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We provide advice to parents, grandparents, relatives, friends and kinship carers who are involved with children’s services in England or need their help. We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.

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Care (and related) proceedings

2 minute read

If children’s services have good reason (‘reasonable grounds’) to believe a child has suffered, or is likely to suffer significant harm, they may start care proceedings. This is the process of applying to the Family Court for a care order or supervision order.

On this page you will find information about:

Understanding care proceedings and the law

When children’s services apply to begin care proceedings what are they asking the Family Court to do?

Children’s services are asking the Family Court to:

  • Consider a plan to keep a child safe and well cared for immediately
  • Make any court orders needed to help put that initial plan in place
  • Decide who the child should spend time with or be in touch with during the proceedings. This includes who the child should see, how often and other such arrangements. This is often referred to as contact arrangements.
  • Decide what further information is needed to help the court make final decisions about the child’s future care
  • Make final decisions, at the end of the proceedings, about who the child should live with and stay in touch with.

If a parent or carer is told, or thinks, care proceedings are about to be started what should they do first?

  1. Get urgent legal advice from a solicitor who is a specialist in children law. Or who has Children Law Accreditation.  To find a solicitor, search using the ‘how to find a solicitor’ function on the Law Society website.  See our Working with a solicitor guide on our Top tips and templates page for more information about finding  a solicitor
  2. They can post a question for one of our expert advisers on our Advice Forums, and if needing further or more detailed advice
  3. Contacts us – call Family Rights Group’s specialist legal and practice advice line on 0808 801 0366 (the advice line is open Monday to Friday, from 9.30 am to 3 pm excluding bank holidays).

Where is the law about care proceedings found?

The law and guidance about care proceedings is found in:

These things combine to ensure:

  • Children’s services support parents and families to resolve concerns
  • Where this is not possible, children’s services explore who within the family and friends network may be able to care for their child
  • If care proceedings begin, the Family Court has evidence of all of the possible long term care options for the child.

Ten big questions about care proceedings

These ten FAQs answer questions parents, carers and other family members often have when they hear about, or are involved in, care proceedings.

1. What should children’s services do before starting care proceedings?

Children’s services should not apply to begin care proceedings without first trying to work with a family to keep their child safe. Find out more about what this should usually involve.

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2. How can a parent get a solicitor to help them during care proceedings?

All parents whose children are subject to care proceedings automatically get free legal aid. Others with parental responsibility are also entitled to free legal aid.

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3. Who will be involved in the care proceedings?

Read on for a helpful table showing who is likely to be involved in care proceeding. It explains each person’s role and whether they will be entitled to free legal aid from a solicitor.

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4. How long do care proceedings take?

The law says care proceedings should usually be completed within 26 weeks. That is 6 months. The Family Court will set the precise timetable for the case.

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5. Who makes decisions in the Family Court?

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6. What options for a child’s long-term care might be looked at during care proceedings?

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7. What does the Family Court have to look at when making decisions about a child?

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8. What helps parents to participate in care proceedings and prepare for a final hearing?

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9. How can a care order be brought to an (end)?

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10. Can final decisions and orders made by the court at the end of care proceedings be appealed?

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Urgent protection of children (including police protection and emergency protection orders)

In an emergency or crisis, there are different arrangements children’s services (and other agencies) can make for a child. Not all involve going to court. This page explains four such ways that a child may be urgently protected: voluntary arrangements, police protection, emergency protection orders and urgent child arrangements orders.

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The stages of care proceedings

It is important that families know what will happen during care proceedings. Read on for easy to follow information about each of the main stages from the making of the application, through to final hearing and final decision-making.

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Interim arrangements and plans for children during care proceedings

During care proceedings the Family Court will need to decide what the right long-term care plan for the child is. But a decision will also need to be made about the best immediate, plan for the child. This includes where they should live and who be in touch with. The short-term plan is often called the interim plan. And interim orders may be made to help put that into action. Read on for information about this and about interim care orders and interim supervision orders.

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Contact arrangements for children during care proceedings

The care arrangements for a child during care proceedings must be set out in an interim care plan. And so too must the details of who the child should spend time with and be in touch with during the proceedings. This includes who the child should see, how often and other such arrangements.  Families will often hear these referred to as contact arrangements.

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