Care questions answered
If a child close to you is involved in care proceedings, you may
be feeling all sorts of things – sad, happy, angry, relieved or
just confused. No matter how you’re feeling, though, you probably
have lots of questions that need answers. Here are a few that
people often ask about care proceedings.
Why are children taken into
care?
What are care
proceedings?
What does being taken
into care mean?
What is a care
plan?
What is a supervision
order?
How long will it take to
decide what is going to happen?
What will happen in the
end?
Should I have a
solicitor?
Do I need to attend
court?
What is the best thing
I can do to get my children back if they have been taken into
care?
What is a Children’s
Guardian?
What do Children’s Guardians
do?
Does the Children’s
Guardian always recommend what a child wants?
Does the court always
do what the Children’s Guardian advises?
Will I see the
Children’s Guardian’s report?
What if I am not happy
with what the Children’s Guardian is doing or what is in the
report?
Where can I get more
information?
Why
are children taken 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.
Sometimes this is because their parents just aren’t doing a good
enough job of looking after them. They may be neglecting them. For
example, they may not be taking their children to see a doctor when
they need to go, or they may not be giving their children enough to
eat or drink.
Sometimes it may be because the parents have done something to
harm their children or allowed someone else to do this. This
includes causing physical harm or sexual abuse. Both physical harm
and sexual abuse also cause emotional harm. Being at home when
domestic violence is taking place also causes children harm.
What are care proceedings?
‘Care proceedings’ is the phrase used to describe the legal
process by which social services ask the court whether or not a
young person should go into care.
To begin with, social services will ask the court to make
temporary orders (called ‘interim care orders’) while matters are
investigated further and plans are made. In the end, if social
services still think a care order is necessary, they will ask for a
full care order to be made.
What does being taken into care
mean?
It means a court has said that the social services department of
the local authority, acting through its social workers, must make
sure the children involved are safe and properly looked after. The
court does this by giving social services a share of ‘parental
responsibility’ for the children. This means social workers are
allowed to make important decisions about the children. Social
services should take those decisions in discussion with anyone else
who has ‘parental responsibility’ for the children (mothers always
have parental responsibility and fathers sometimes do). Social
services should also discuss these things with the children
themselves. But in the end, if there is an interim care order or a
full care order, social services have the final say, subject to
anything that may be ordered by the court. The most important thing
that social services can decide is who the children are to live
with.
What is a care plan?
This explains in detail what the social services department
thinks is best for the children. It has details of where the child
should live and who should look after him or her. It covers all
aspects of the child’s care including any special help the child
may need and who they should see. It also must give contingency or
alternative plans in case the first plans go wrong for some
reason.
What is a supervision order?
If the judge makes a supervision order it means that the social
services department will have to help and advise whoever is looking
after the child and make sure the child is well looked after. The
child may live with their mother or father, or both, or other
people. A social services department does not acquire parental
responsibility under a supervision order. A supervision order lasts
for twelve months but can be extended up to a maximum of three
years.
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 people are so worried that the children were taken into
care. Then they will carry out assessments to decide what the level
of risk of harm to the children would be if they were to return
home. They will also try to work with the parents to reduce any
risk there may be.
What will happen in the end?
Only the court can decide what will happen in the end. Lots of
different things are possible. Everyone will try to let the
children go back home but only if they will be safe and well
there.
Many children do go home in the end. For others, a new home has
to be found. That may be with other members of their family or with
friends, or it may be with a new family.
Should I have a solicitor?
Yes. It is certainly in your interests to get a solicitor to
represent you. Solicitors are free for parents in care
proceedings.
Cafcass strongly recommends any solicitor you use is experienced
in cases about children and 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’.
Solicitors who are experienced in cases about children are also
likely to be a member of either or both of the Solicitors Family Law Association or
the Association of Lawyers for Children
1&2 York Row, Wisbech, Cambridgeshire, PE13 1E.
Do I need to attend court?
Parents with parental responsibility should attend all court
hearings unless the court has said that they do not need to.
What is a Children’s Guardian?
Children’s Guardians are qualified and experienced in social
work. They are appointed by the court to represent the rights and
interests of children in cases that involve social services. They
are independent of social services, courts and everyone else
involved in the case. Children’s Guardians work for Cafcass or may
be self-employed and contracted by Cafcass.
What do
Children’s Guardians do?
Children’s Guardians are there to help achieve the best possible
outcomes for the child they represent. In particular they:
- appoint a solicitor for the child who specialises in working
with children and families;
- advise the court about what work needs to be done before the
court makes its decisions;
- write a report for the court saying what they think would be
best for the child. The report must tell the court about the wishes
and feelings of the child.
To do this, Children’s Guardians spend time getting to know the
children and members of their family. They talk to other people who
know the family, such as relatives, teachers, social workers and
health visitors. They attend meetings on behalf of the child, check
records and read reports and statements. They may also recommend to
the court that other professionals are asked to help, such as a
paediatrician or a psychologist.
Does the Children’s Guardian always
recommend what a child wants?
Children’s Guardians always consider and report the wishes and
feelings of the child. However, their report will also say what
they think is best for the child. This may not be the same as what
the child wants. The solicitor appointed to represent the child by
the Children’s Guardian usually acts on the instruction of the
Children’s Guardian. When the child’s solicitor believes that there
is a conflict between the instructions of the guardian and the
wishes of the child, however, the solicitor may choose to take
instructions directly from the child. The solicitor would consider
the age of the child and their understanding of the situation
before making a decision to take instructions from a child.
Does the court always do what the Children’s Guardian
advises?
It is the court that decides what will happen, but the court
will take careful notice of what the Children’s Guardian says. The
court does not have to accept the Children’s Guardians advice. If a
court disagrees with what a Children’s Guardian has recommended, it
will explain why.
Will I see the Children’s Guardian’s
report?
The Children’s Guardian will normally discuss their report with
you before it is sent to the court. When it is sent to the court it
is also sent to your solicitor if you have one. If you do not have
a solicitor then arrangements will be made for you to see the
report. The report is confidential and must not be shown to anyone
else.
What if I am not happy with what the
Children’s Guardian is doing or what is in the report?
While the report is being prepared you should let the Children’s
Guardian know if you are unhappy. If your concerns cannot be
resolved then talk to your solicitor or your local Cafcass manager.
If you disagree with the contents of the report then you or your
solicitor need to tell the court what you think about the report
and the way it was prepared. The Children’s Guardian will attend
the final hearing at court and can be questioned about the
report.
Where can I get more
information?
The best person to give you information and advice is your own
solicitor. However you would also be wise to listen carefully to
advice from other professionals who talk with you, including social
workers, the Children’s Guardian and any specialists such as
paediatricians, psychiatrists and psychologists. You could also
look at links to further information on this page and The Law about Children section of this
website.