Care Proceedings Solicitors
Our Care Proceedings Solicitors understand the complexities that arise when children are involved. Unexpected incidents or a series of adverse events can sometimes bring concerns from Children’s Social Services. We offer clear advice and a path forward to help you and your children navigate these challenges and move beyond child protection worries.
Expert Care Proceedings Solicitors at Fahrenheit Law
Navigating care proceedings can be complex and emotionally taxing. Our dedicated team of specialist care solicitors at Fahrenheit Law is here to provide expert legal support, ensuring the best possible outcome for your child.
Understanding Care Proceedings
Care proceedings are legal processes initiated by social services when there are significant concerns about a child’s welfare, such as abuse, neglect, or a harmful home environment. These proceedings aim to determine the most appropriate action to ensure the child’s safety and well-being.
Types of Orders in Care Proceedings
- Interim Care Orders: Temporary measures granting local authorities parental responsibility while the court reaches a final decision.
- Full Care Orders: Long-term parental responsibility given to local authorities, usually until the child turns 18.
- Supervision Orders: Local authorities supervise the child’s care without assuming full parental responsibility.
- Emergency Protection Orders: Immediate protection in urgent situations.
What happens if social services believe my children are in danger?
If social services believe your children are in immediate danger or if access for assessment is restricted, they may apply for an Emergency Protection Order (EPO). An EPO can last up to 8 days and be extended for an additional 7 days if significant harm is at risk. This order allows the local authority to temporarily remove the child from your care or prevent you from taking the child out of the area.
Alternatively, social services may apply for an Interim Care Order (ICO) if there is significant neglect or risk of harm. An ICO grants the local authority shared parental responsibility for 26 days or until a decision is made in a Final Care Order. A Care Order will determine the child’s future living arrangements, contact rights, and other relevant issues.
The Role of Solicitors in Care Proceedings
Legal representation is crucial in care proceedings to safeguard the rights of parents and guardians. Solicitors present evidence, advocate for the parent’s perspective, and challenge the local authority’s case when necessary. At Fahrenheit Law, our experienced care solicitors guide you through each stage, ensuring you understand your rights and options.
Our Process
- Initial Consultation: We listen to your concerns, explain the care proceedings process, assess your eligibility for Legal Aid, and discuss potential costs if you do not qualify.
- Evidence Gathering: We collect medical reports, professional testimonies, and other relevant documents to support your case.
- Preparation for Court Hearings: We keep you informed, represent you in court, and challenge the local authority’s evidence where appropriate, ensuring you are well-prepared to present your case.
Child Care During Proceedings
Who will look after my children if they are taken into care?
If your children are taken into care, social services will place them with a Local Authority Foster Parent who will be responsible for their care during the proceedings. A Judge will decide in the final care order whether the children should remain with the foster parent or return to your custody.
You can nominate a willing Alternative Carer, such as a relative or friend, who will undergo an assessment and DBS check. Our Care Proceedings Solicitors can advise you on this process.
Legal Aid & Costs
Legal Aid Eligibility and Application
Legal Aid offers financial assistance to those who qualify, ensuring access to legal representation regardless of financial situation. Eligibility is based on income, savings, and the merits of your case. Our care solicitors will help you determine eligibility and guide you through the application process.
Cost Transparency
For those not qualifying for Legal Aid, we offer fixed fee structures, providing clarity on costs involved. We discuss all fees upfront, allowing you to plan your finances and focus on resolving your case without worrying about unexpected expenses.
What We Offer with Legal Aid
We are the UK’s largest provider of legal aid for domestic abuse cases. Our experienced team supports clients facing social services involvement, particularly in care proceedings, working to protect your rights and ensure the best outcome for your family.
Our Expertise
Our care solicitors are highly experienced in handling complex family law cases, including emergency protection orders and care proceedings. We have a proven track record of achieving positive results for our clients, ensuring the highest standard of legal support.
Additional Services
Beyond care proceedings, we offer legal advice and representation in areas such as non-molestation orders, prohibited steps orders, emergency protection orders, common law partnerships, parental responsibility, and child arrangement orders. Our team is experienced in cases involving domestic abuse, child protection, and family disputes, providing compassionate and effective legal support.
Our Team
Our team includes members of the Law Society’s Children Panel, the Family Law Panel, and Resolution Accredited Specialists, reflecting our commitment to maintaining the highest standards of legal practice and achieving the best outcomes for our clients.
Why Choose Fahrenheit Law?
Choosing Fahrenheit Law means choosing experienced professionals dedicated to achieving the best outcomes in care proceedings. Our client-centred approach and commitment to excellence set us apart. We take the time to understand your unique circumstances and tailor our approach to meet your needs.
Discharging a Care Order
If a Final Care Order results in your children being placed in someone else’s care, there are still steps you can take. We can work with you to discharge the care order, which requires significant effort and positive change. To discharge a care order, we must prove that you have made substantial improvements in your lifestyle and parenting abilities. Our Care Proceedings Solicitors will guide you through the necessary steps to regain full custody of your children.
By following our advice and demonstrating a commitment to change, you can work towards a positive outcome for you and your children.
FAQs
What is the role of the children’s guardian in care proceedings?
The children’s guardian is an independent professional appointed by the court to represent the child’s best interests, providing an independent assessment to the court.
How long should care proceedings take?
Care proceedings typically take around 26 weeks, though this can vary depending on case complexity and additional evidence or hearings required.
What is a Section 47 investigation in child protection?
A Section 47 investigation is conducted when there is reasonable cause to suspect a child is suffering or likely to suffer significant harm, determining if action is required to protect the child.
Do police attend child protection conferences?
Yes, police may attend, particularly if there are concerns about criminal behaviour or involvement in investigating allegations of abuse or neglect.
What is a Section 37 report in child protection?
A Section 37 report assesses whether a care or supervision order is necessary, providing the court with detailed information about the child’s situation and suitability of proposed orders.
How long does a child protection investigation take?
Initial assessments are typically completed within 45 working days, though complex investigations may take longer.
What do social services look for during a home visit?
Social services assess the child’s living conditions, the parent’s ability to provide care, and any potential risks to the child’s safety and well-being.
Who decides to investigate a child protection concern?
Social services decide to investigate based on referrals from professionals like teachers, doctors, or police officers.
