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Care questions answered

What are care proceedings?

If a local authority has serious concerns about the safety or welfare of a child, it can apply to the court to take the child into care. Children are only taken into care when people are really worried that they are suffering, or are likely to suffer, significant harm from the way they are being looked after by their parents or carers, or where the child is beyond the control of a parent. Sometimes, a local authority may also apply to the court to have a child placed for adoption.

The following are examples of when a local authority may apply to take a child into care.

When the local authority believe a child is being neglected. Neglect involves ongoing, serious failure to meet a child’s basic needs and can include:
- not taking a child to see a doctor when they need to go.
- not giving the child enough to eat or drink.
- not keeping the child clean.
When the local authority is worried that the child has been, or is likely, to be abused either by their parents or carers or other people they know. Abuse includes:
- physical abuse, which is about inflicting pain or injury to a child and also includes giving a child harmful substances, such as drugs, alcohol or poison.
- sexual abuse, when a child is pressured, forced or tricked into taking part in any kind of sexual activity.
- emotional abuse, when a parent or carer behaves in a way that is likely to seriously affect the child’s emotional development. This can include constant rejection; continual, severe criticism and witnessing domestic violence.

What will happen if the local authority is worried about a child?

If the local authority is seriously worried about the safety or welfare of a child it may start ‘care proceedings’. Or, if it also believes that the childr should be adopted, it might apply for a ‘placement order’ as well.

The first thing the local authority will do is ask the family court to make a temporary court order, called an ‘interim care order’. After this, the local authority social worker will carry out some investigations into your children’s welfare and suggest a ‘care plan’. The care plan outlines what they think should happen to your children, including whether they think your children should be taken into care or stay in the family. The care plan will be given to the family court to help it make the final decision about what should happen to your children.

What is the role of the Cafcass worker in all this?

The Cafcass worker’s most important role is to makesure children are safe and to help make sure that the decisions made about them are in their best interests. In care and placement proceedings, their job is to check the local authority’s plan and make sure that it is the best possible for the child. It is also to let the court know what they think should happen. Our workers are independent and do not work for the local authority or the court. In these cases they are sometimes called Children's Guardians.

The Cafcass worker will:

appoint a solicitor to represent the children.
at the first court hearing, advise the court on what work needs to be done before it can make a decision about the children’s future.
write a report for the court on what they think is best for the children. This will include information on the children’s wishes and feelings.

The Cafcass worker will spend time with the children and their family before they write their report for the court. They may also talk to other people who know the family, such as teachers, social workers and health visitors. They will go to relevant meetings about the children, check records and have the right to read the local authority’s case file. They may also recommend to the court that other independent professionals help the court with advice, such as a doctor or a psychologist.

How long will it take to decide what is going to happen?

It normally takes about nine to twelve months for a court to decide what is going to happen in the end, and sometimes it can take even longer than this. During that time a lot will be happening. All sorts of people will be trying to understand the reasons why children may be at risk and what can be done to keep them safe. There will normally be assessments to help decide whether children can safely remain at or return home or whether they should stay in care. There may also be assessments of other family members or friends who may be suitable carers if children are not able to safely return home. There may also be work with the parents to reduce any risk there may be.

What will happen in the end?

It is the court’s job to decide what will happen to your children but the judge will listen to everyone involved in the case including you, your solicitor, the local authority social worker and the Cafcass worker before making a decision. Our role is to recommend what we think is best for your children based on our assessment of your case. If the judge is satisfied that it is safe to do so, children will go back home and many children do go home in the end. For others, the local authority will find them a new home. That may be with other members of their family or with friends, or it may be with a new family.

Getting more help

If your children are subject to care proceedings you have the right to your own solicitor. Solicitors are free for parents in care proceedings. We recommend that you contact a solicitor who is experienced in children law cases and who is a member of the Law Society Children Panel. Details of solicitors who are members of the Panel can also be obtained from The Law Society, 113 Chancery Lane, London, WC2A 1PL or found in your local yellow pages under ‘solicitors’.

If you do not agree with the local authority’s care plan for your children, it is important that you get advice from your solicitor and that you let the court, us and the local authority know about your objections. Your child will also have an Independent Reviewing Officer appointed to review the local authority’s care plan and you can speak to them and attend reviews to give your views.

There are also other organisations who support parents whose chidlren are involved in these cases. You can find out more by clicking here.

Cafcass - Putting children first in family courts

Care questions answered