Care Proceedings

Care proceedings family solicitor
Are Social Services threatening to take your children into Care?

If social services have serious concerns about the welfare of a child, they may initiate legal proceedings in the name of the local Trust to seek an Order which could involve the removal of the child from the family. This is a challenging and complex area of law. If you are facing this threat it is vitally important you instruct an experienced solicitor that you know will be on your side throughout to protect your family.

In these proceedings the child is automatically made a party to the proceedings. They are represented by a Guardian. This is an independent person who is there solely to represent the child’s interests, they will appoint a solicitor on behalf of the child.

It may be that proceedings have already commenced when you come to us for help. Alternatively the trust may be taking an active interest in your child’s welfare but court proceedings are still some way off. We will be able to act on your behalf in either circumstance. Once you instruct us, we will seek full access to all the relevant documentation and background information so that we can properly protect you and your child.

There are a number of potential orders that the Trust can seek, some of the key ones are outlined below.

Emergency Protection Order

Anyone can apply for an Emergency Protection Order if they feel the relevant child is in imminent danger. In most circumstances it will be the local trust. The local Trust usually has to give one days notice of their intention to seek this Order. In some very rare cases they do not have to give any notice. This would include a situation where there has been a threat to the child’s life. If you receive notice that the Trust is going to seek this Order or has been granted one you should contact us immediately and we will be able to help you prepare a quick response.

Care Order

This is an Order where the Court puts the child under the care of a local trust, who then shares parental responsibility with the parents. The trust will make most of the important decisions about the child’s upbringing and the trust will provide them with accommodation. The Court will not make such an Order until a number of conditions are met. We have the experience to help guide you through this process and ensure, where possible, that your children remain with your family.

Supervision Order

Less intrusive than a Care Order, this allows the local Trust to monitor the child’s needs and progress while the child still lives at home. A social worker will be assigned to support and help the child. If you wish to contest the imposition of a Supervision Order we will be able to help you. Alternatively we may be able to liaise with the local trust and negotiate a plan that benefits everyone.

Secure Accommodation Order

The local Trust may apply for this Order where a child has been running away from home and their health is at risk as a consequence. The child will be moved to secure accommodation

We will do everything within our power to make sure the Trust exercises its duties diligently and that the Trust fulfils its statutory obligation to ensure as far as possible that the child remains with the family.

We are here to talk and listen to the problems you are experiencing. We can then plan a way for you to achieve a successful outcome for your child.

When you contact us for your free initial enquiry you will be under no obligation to instruct us and we will be delighted to help in any way that we can. You will not be judged, no matter the circumstances.

Please do not let funding concerns deter you from getting in touch with us. Legal aid is normally available in these matters and we will make an application on your behalf.

We devote care and attention to our clients and you can contact your assigned solicitor by phone or email.

Please call us now on 02891 817715, email or complete our  Online Enquiry for a FREE, no-obligation discussion and let us explain how we can help you.