This page will give you basic information about when children’s services can start legal proceedings in the Family Court. It will help you to understand:
- What should happen before children’s services start court proceedings
- The different kinds of court orders and decisions that the court can be asked to make
- The court hearings that will take place during the proceedings.
The information here refers to the court process in England and Wales (Wales has some differences in law and guidance to England, so if you’re not sure please check with Family Rights Group about this). Information here does not apply to Scotland or Northern Ireland.
If you haven’t been able to sort out the things that children’s services are worried about and there are still concerns about your child’s safety and well-being, children’s services may consider applying to court for an order to remove your child from your care.
If social workers have told you that children’s services will be starting court proceedings, then you should seek advice from a solicitor immediately. As a parent, you will be eligible for legal aid to cover the costs. This means you won't have to pay for the legal advice and representation that you get. Our Working with a solicitor page explains how to find a solicitor and work with them.
What happens in an emergency situation
In an emergency or crisis, there are different arrangements that children’s services (and other agencies) can make for your child. Not all of these involve going to court.
Click on the boxes below to find out about the different kinds of emergency arrangements that can be made for your child. If social workers are discussing any of these arrangements with you, then you can:
- Call Family Rights Group's free advice line on 0808 801 0366 (open 9.30am to 3pm Monday to Friday, excluding bank holidays)
- Or seek legal advice from a solicitor who specialises in children’s law (check with Family Rights Group’s advice line or on the Working with a solicitor page for information about whether in your situation legal advice from a solicitor will be free).
A quick guide to care proceedings
Care proceedings is the name for the legal proceedings in the Family Court that start when children’s services make an application for a care or supervision order because they are concerned that a child has suffered significant harm or is at risk of suffering significant harm.
In care proceedings, children’s services can ask the court to make an order to protect your child - for example, an interim or final care order or supervision order.
- A care order is an order that places your child in the care of children's services and gives them parental responsibility for your child. It allows children’s services to make decision about what they think the best arrangements are for your child, even if you do not agree
- A supervision order gives children’s services the power to ‘supervise’ or monitor your child and how you are caring for your child. It does not give them parental responsibility for your child.
When children’s services start care proceedings they may ask the court to make an interim care order or an interim supervision order. These are temporary orders. They can be made until the time comes for the court to make a final decision about what the best arrangements are for your child.
The arrow below shows the main stages involved in care proceedings.
Click on the coloured boxes in the arrow to read more about what happens at each stage and what decisions the court can make.
Care proceedings - Frequently Asked Questions
The FAQs (frequently asked questions) below will take you through court process in more detail and explain some of the different types of order that can be made during care proceedings.
Social workers have applied for a court order. What should I do first?
It is very important that you get legal advice from a solicitor who specialises in children’s law immediately.Go to the Working with a solicitor page for information about how to find a solicitor. This also explains how a solicitor can help you. You may be upset or angry or feel that nobody is listening to you, so it is vitally important that you have someone to represent you and explain what is happening.