29 Care Proceedings
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2. Who can make decisions about my child´s care?
3. Why would social services get involved in my child's care?
The social services department in your local authority (council) is responsible for making sure that children are safe and are well cared for by their parents or the person looking after them.
Sometimes social services receive information that makes them worried about a child’s welfare. If social services believe that your child may be harmed, they have a duty to take action to protect your child. Social services must get the court’s permission to take any action you do not agree with. Here ‘court’ means judges or magistrates who make decisions about children.
If social services believe that your child is suffering serious harm or is likely to suffer serious harm, they can apply to the court for a care order.
Before social services apply for a care ordper, they may call a meeting called a ‘child protection case conference’ to see if your child could be properly protected without a care order being made – for example, by providing you and your family with support services. All the professionals, organisations and agencies involved with your child, such as doctors and schools, will be invited to the meeting. Social services should apply to the court for a care order only if they think it is the best way to ensure your child is properly protected.
Where can I get help and advice?
If social services have become involved or want to become involved with caring for or protecting your child, and you need help and advice, contact the Family Rights Group, your local Citizens Advice Bureau or a solicitor. See ‘Further help’ for contact details.
What if social services think my child is in immediate danger?
If social services think your child is in immediate danger and needs to be made safe straightaway, they can take a number of steps to protect your child. They can:
- ask the person they believe is a danger to your child to leave the home or keep away from the child;
- discuss with you having your child looked after by the local authority in a way you agree to;
- ask the police to take your child into police protection for up to 72 hours (three days); or
- apply to the court for an emergency protection order.
If the person who social services believe is a danger to your child says they will leave the home in the short term, social services can help that person to find somewhere else to stay.
If it is not possible for the person to move out, social services can ask you to put your child in ‘voluntary accommodation’ under their care, normally in a foster home or with other family members. They might also do this if they have other concerns about your child remaining at home. You should always seek legal advice before agreeing to voluntary accommodation. If you do agree to it, social services must draw up a plan about how your child will be cared for. The details of this plan should be discussed and agreed with you first.
If you do not agree to have your child put in voluntary accommodation, but social services believe that your child needs urgent protection, they can ask the police to take your child into police protection. This means the police can:
- take your child from your home; or
- stop your child being taken from where they are living.
If the police take your child from your home, social services must then find your child somewhere to stay while under police protection. This would normally be with foster carers or with other family members. Your child can be taken into police protection for at most 72 hours. If social services think your child should be taken away from home for longer, they need to ask the court for an order.
Social services can ask the court for an emergency protection order (EPO). This gives them some parental responsibility, including the right to:
- take your child into their care;
- keep your child from returning to your care – for example, by keeping him or her in hospital or with foster carers; or
- see your child when, without a good reason, you or someone else with parental responsibility have refused to let them.
An EPO lasts up to eight days, but social services can ask the court to extend this for up to seven more days.
Under an EPO, the court can also make an ‘exclusion requirement’. This means that, instead of your child having to leave their home, an adult who social services believe is a danger to the child can be ordered to leave the home. But this kind of order can be made only if you agree, and you must make sure that person leaves, and stays away.
4. What happens when social services start care proceedings?
5. What happens at the first hearing?
6. What orders can the court make at the first hearing?
7. Who will represent my child during proceedings?
8. What happens after an interim order is made?
9. How do I prepare for the final hearing?
10. What happens at the final hearing?
11. How does the court make its decision?
12. What types of order can the court make?
13. How long does a care order last?
14. How can I apply to end a care order?
The leaflets are regularly updated but the law may have changed since they were printed so the information in them may be incorrect or out of date.
Leaflet Version: January 2006