Care proceedings are one of the most sensitive and challenging areas of family law. If you or a loved one is involved in such a process, it’s essential to understand the steps, rights, and legal obligations involved. At Burd Ward Solicitors, we specialize in providing compassionate and expert legal advice in care proceedings to ensure the best possible outcomes for children and families.

What Are Care Proceedings?

Care proceedings are initiated by a Local Authority when they have serious concerns about a child’s safety or well-being. This legal process begins when the Local Authority believes that a child is at risk of significant harm, and it involves the family court deciding what is in the child’s best interest.

This can involve the child being subject to a Care or Supervision Order.

The primary goal of care proceedings is to protect the child, but the court also considers the rights of the parents and wider family members.

Why Might Care Proceedings Be Initiated?

Care proceedings are usually initiated in response to concerns such as:

• Neglect: Failing to meet the child’s basic needs, such as food, shelter, or medical care.
• Physical or Emotional Abuse: Any action causing harm to the child’s physical or mental health.
• Substance Abuse: Concerns that parents or guardians are misusing drugs or alcohol in a way that endangers the child.
• Domestic Violence: Exposure to domestic violence, which can have long-lasting impacts on children.
• Mental Health Issues: If a parent’s mental health issues impair their ability to care for their child safely.

The Role of the Local Authority

The Local Authority has a legal duty to ensure that children in their area are safe. Before initiating care proceedings, they can often work with families through a process called pre-proceedings. This is an opportunity for parents to address the concerns raised, usually with the help of a solicitor, as funding is available for this. The aim of pre- proceedings is to prevent the matter going to Court.

However, if these efforts are unsuccessful, or the matter requires urgent attention then the Local Authority may issue Care Proceedings. They will ask the Court to make an Interim Care Order. An Interim Care Order gives the Local Authority temporary overriding parental responsibility whilst in proceedings.

At the end of proceedings, the Court will be invited to determine if there is a need for a Final Order to be made, which could be either a Care Order or a Supervision Order.

A Care Order gives the Local Authority shared parental responsibility for the child, allowing them to make decisions about their care.

A Supervision Order, on the other hand, allows the child to remain with their parents under the local authority’s supervision.

Your Rights as a Parent

As a parent, it’s essential to know that you have rights during care proceedings:

• Right to Legal Representation: You are entitled to free legal representation, and it’s crucial to seek expert advice from solicitors experienced in care proceedings, such as Burd Ward Solicitors.
• Right to Participate in Court Hearings: You can attend and present your case during court hearings, explaining your side of the situation with the assistance of representation.
• Right to Challenge the Local Authority’s Evidence: You have the right to challenge any evidence presented by the local authority and present your own evidence to support your case.

The Court Process

Care proceedings usually follow these stages:

1. The First Hearing: Known as the Case Management Hearing, where the court sets the timetable for the proceedings and decides on interim care arrangements.
2. The Fact-Finding Hearing: If necessary, the court examines the evidence to determine if the concerns raised by the Local Authority are valid.
3. The Welfare Hearing: The court considers what’s in the child’s best interests, which could include staying with their parents with a support plan, placed with either family members or foster carers, or adoption.

The entire process is designed to be completed within 26 weeks to minimize disruption to the child’s life. However, in complex cases, this period may be extended.

How Burd Ward Solicitors Can Help

At Burd Ward Solicitors, we understand how stressful and emotional care proceedings can be for parents. Our experienced team provides clear, professional, and empathetic advice tailored to your circumstances. We will guide you through each step of the process, ensuring that your rights are protected and that the court hears your side of the story.

We are committed to achieving the best possible outcome for your family, working with you and other professionals to resolve issues as smoothly and quickly as possible.

Care proceedings are complex and emotionally challenging, but with the right legal support, you can navigate the process confidently. If you are facing care proceedings or have concerns about your child’s welfare, contact Burd Ward Solicitors for expert advice and representation.

Our expert family law solicitors are here to help you. Call us at 0151 639 8273 or email us at familyteam@burdward.co.uk.

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