‘Care proceedings’ are started when a Local authority (also known as social care or social services) is concerned about a child and their welfare to the extent that it feels the Court needs to intervene to make decisions about them.

At Taylor Emmet, we know how scary and overwhelming care proceedings can be for any family member. Our team of specialist Care Proceedings Solicitors and Lawyers will be by your side to offer you representation when Care Proceedings are started with respect to your child or family member, providing close personal support and guidance through the process.

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Our priority is to resolve disputes as fairly and amicably as possible without lengthy legal battles.


Our expertise with Care Proceedings

At Taylor Emmet, we have been recognised as having one of the leading Family Law teams in the Sheffield City Region and beyond by The Legal 500.

Our team has vast experience dealing with local authorities and care proceedings, helping families secure the best outcome for their children. Having supported families with a wide range of circumstances, we are well placed to offer tailored advice, ensuring that your rights are protected and your children are safeguarded.

Members of our team are also on the Law Society’s Children Panel, enabling them to represent children and demonstrate our expertise in child law.

If your child or children are the subject of Care Proceedings, you are likely to be eligible for Legal Aid and will not have to pay for any advice or representation. Please contact one of our team members, who can confirm this and discuss what to do next.


How our Care Proceedings Solicitors and Lawyers can help you

Child Protection Conferences

If a local authority has investigated concerns about a child and believes there is a risk to their wellbeing, they may see fit to organise a Child Protection Conference. The purpose of a Child Protection Conference is for you and any professionals who are working with your family to share information with one another, decide how to keep your children safe and decide if a Child Protection Plan should be drawn up.

We understand that the prospect of attending a Child Protection Conference can be extremely daunting, particularly if you are unsure how the process will work and what actions could be taken.

If you have been invited to attend a Child Protection Conference, our expert team can work alongside you to ensure you are sufficiently prepared, meticulously reviewing your case and circumstances to tailor our advice accordingly.

While we are not permitted to speak on your behalf at a Child Protection Conference, we can also attend the meeting with you so that you have expert support on your side at all times.

Child Protection Plans

Depending on the outcome of a Child Protection Conference, your child may be subject to a Child Protection Plan. The details of a Child Protection Plan and what it might mean for your family can vary depending on your situation, so it is important that you understand what will be expected of you and what actions will be taken.

If you believe that a Child Protection Plan is not needed or is not suited to your family, we can advise you on your options, including your right to appeal the decision.

Care and Supervision orders

If a local authority believes that a child is at risk of significant and immediate harm, it can apply to the court for permission to make a Full Care Order or Supervision Order.

A Care Order allows a local authority to assume parental responsibility and take a child into care. At the same time, a Supervision Order grants a local authority the power to monitor a child’s needs while they live at home or elsewhere.

If your child is placed under a Care or Supervision Order, we appreciate the distress, worry and confusion this can cause. Our child Care Proceedings Solicitors and Lawyers will represent you in these situations and liaise with the local authority and social workers to defend your position and put your case forward in court, if necessary.


Frequently asked questions about Care Proceedings

What are care proceedings?

What are care proceedings?

Care Proceedings are launched by a local authority where there are concerns about a child’s welfare and there is a belief that they could be at risk of suffering serious harm.

The courts review a case and decide whether to issue an order to protect a child. Several different orders can be issued, including Care Orders, Interim Care Orders and Supervision Orders.

How does the court make a decision?

How does the court make a decision?

During care proceedings, the court will decide whether to make an order based on whether it believes the child is suffering or is at risk of suffering significant harm.

The Children Act 1989 defines a significant risk of harm as ill-treatment or the impairment of health or development. Ill-treatment includes physical, emotional and sexual abuse.

How long do care proceedings take?

How long do care proceedings take?

The time it takes for care proceedings to take place ultimately depends on the circumstances of the case and what arrangements need to be made.

In some cases, the court may require assessments and reports to be completed, and several hearings may be held before the court makes a final decision.

Care proceedings should be completed within six months, but the court can extend this time frame with permission if it believes this is the only way to deal with a case fairly.

Who can attend care proceedings hearings?

Who can attend care proceedings hearings?

The child’s parents and anyone else with parental responsibility can attend care proceedings hearings. This also means that they will have access to all reports and evidence which are related to these proceedings.

It is possible to make an application to join as a party in proceedings.

What is the role of the Cafcass worker?

What is the role of the Cafcass worker?

Cafcass (Children and Family Court Advisory and Support Service) is an independent organisation which is in place to support children and their families who are involved in care proceedings. Their role is to advise the court on what they feel would be in the children’s best interests.

A Cafcass social worker will be appointed to represent a child when care proceedings are issued, ensuring that the child’s voice and opinion are heard and their welfare is protected throughout.

What is a Special Guardian?

What is a Special Guardian?

Special guardianship is a type of court order which places a child in long-term care with someone other than their parents. The individual(s) who look after a child under special guardianship become a Special Guardian.

Can the police remove my children?

Can the police remove my children?

Under Section 46 of the Children Act, the police have the legal authority to remove a child (or prevent removal) where they have reason to believe a child would otherwise suffer significant harm.

Should the police take this step, they must then inform the local authority so a decision can be made about whether an Emergency Protection Order should be issued.

We have Family Law Solicitors near you

If you are interested in understanding how Taylor Emmet can help you with your family law issues then please contact us.

0114 218 4000

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Any issues that concern children have the potential to be extremely complex and fraught with conflict. We’re here to make sure that you can find a resolution quickly and painlessly, avoiding court proceedings wherever possible.

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Adoption

Adoption Orders aim to provide a stable family environment for a child, with a view to providing successful integration into a new family life.

The adoption process has the potential to be extremely complex, with various steps needing to be correctly handled to ensure that a positive outcome is achieved with minimal disruption. No matter which side of an adoption you are on, it is vital that you receive practical and expert support at every stage.

Whether you need general legal advice on adoption, are currently going through the adoption process, or find yourself involved in an adoption appeal or dispute, it is vital that you receive specialist support from a team who have a detailed understanding of adoption law.

Care Proceedings

If a Local Authority’s social services department has concerns over a child’s welfare or believe they may be at risk of suffering harm, they will become involved with the family and may see fit to start care proceedings. If care proceedings are commenced in respect of a child in your family, this could mean that they are removed.

We understand how upsetting and stressful care proceedings can be. Our team will work with you closely and provide support throughout the process, making sure you know what to expect and that your rights are protected.

Child Abduction

Having your child taken from you without your agreement is a parent’s worst nightmare. In some cases, this could be classed as child abduction.

If you need support in protecting your child, our team can help you to take immediate action. Our professional team of Child Law Solicitors and Lawyers have the skills to help you make an urgent application to the courts for the return of your child.

If required, we can also take emergency steps to prevent children from being removed from the country.

Child Arrangements Orders

A Child Arrangement Order is a type of court order which can be used to decide various aspects of your child’s upbringing. This includes deciding with whom they will live, how much time they spend with both parents and what type of contact will take place.

Such an order can be made if you are unable to resolve a dispute with your former partner about certain arrangements for your children.

Our Child Law Solicitors and Lawyers can help you to negotiate an agreement and, if this is unsuccessful, guide you through the process of making a Child Arrangement Order application.

Legal Aid

The availability of legal aid for family law cases has significantly reduced in recent years. However, there are certain scenarios where it may still be available.

As we have a contract with the Legal Aid Agency, our team can determine whether you are eligible for legal aid and, if so, support you with your application.

Parental Responsibility

Parental responsibility refers to the rights, duties, powers, responsibilities and authority that a parent has in respect of their child. When you have parental responsibility, you can make various decisions on behalf of your child.

Not all parents automatically have parental responsibility. If you wish to obtain parental responsibility for a child, it may be possible to make a parental responsibility agreement or apply to the court for parental responsibility order if you cannot reach an agreement.

In both scenarios, our Child Law Solicitors and Lawyers can work with you to offer the support you need.

Special Guardianship

Special Guardianship provides a middle ground between adoption and a Child Arrangements Order and can be used in situations where it is not possible for a child to live with their parents. When granted, a special guardianship order places a child or young person into care with someone other than their birth parents.

Whether you intend to make a Special Guardianship Order or a Special Guardianship Order has been applied for in relation to your child, our team can help you take the appropriate action and advise you on the options at your disposal.

Frequently asked questions about Children Law

How do I prepare for child custody court?

It is firstly important to note that the term ‘custody’ is no longer formally used when discussing arrangements for children. If you need to attend court for a legal matter involving your children, it will be the Family Court.

The best step you can take if you are due to attend Family Court is to instruct a specialist Child Law Solicitor or Lawyer, who can provide you with all the information you need about what to expect and what steps you can take to be as prepared as possible.

Can I avoid going to court?

In many cases, it is possible to avoid having to go to court. There are various methods of non-court dispute resolution, such as mediation, arbitration, and constructive negotiation, which can be utilised to help resolve any disputes you may be involved in concerning your children.

Exactly which method is best suited will depend on your circumstances and the relationship you have with the other party. Our Child Law Solicitors and Lawyers can discuss the potential options that may be available to you and explain how each of the processes will work.

What happens if we can’t reach an agreement?

If it is not possible to reach an agreement over a certain arrangement for a child, it may be necessary to head to court. This will often be a last resort, as the courts only tend to become involved with arrangements for children when it relates to an important aspect if their welfare and upbringing.

Do I need a solicitor for child arrangements?

It is not a requirement to work with a solicitor when making child arrangements. However, it is strongly recommended to do so, as these types of matters can often prove to be complex and having the support of a specialist will significantly increase your chances of securing a positive outcome.

Do I have parental responsibility?

Whether or not you have parental responsibility will depend on your legal status as a parent.Birth mothers are automatically granted parental responsibility, as will the father if they are married to the mother at the time of birth.

If the father is not married to the mother at the time of birth, they will be granted parental responsibility if they are named on the birth certificate. If you do not have parental responsibility, you can make an application to the court.

What orders can the family court make?

The family court has the power to make various orders in respect of children, such as:

  • Child Arrangements Order - Sets out a child’s residence and what level of contact they have with their parents.
  • Specific Issue order – Settles a dispute between parents with parental responsibility.
  • Prohibited Steps Order – Prevents someone from taking a certain action or making a decision without the permission of the court.
  • Responsibility Order

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