Receiving care proceedings papers can feel frightening and confusing, especially when you do not know what will happen next. The care proceedings process begins when a local authority asks the Family Court to make decisions about your child’s safety and care.
It usually involves an initial application, case management, assessments and evidence, an Issues Resolution Hearing and, where needed, a final hearing. The court aims to conclude care proceedings within 26 weeks, although some cases take longer where more time is needed to resolve the issues fairly.
You do not have to face this process alone. Parents and certain people with parental responsibility are usually entitled to publicly funded legal representation without a financial means test. A specialist solicitor can explain the evidence, prepare your response and represent you at each stage.
In this guide, you will learn:
TBI Law’s specialist care proceedings solicitors support parents through urgent hearings, assessments, contact issues and final decisions. Our team can help you understand what is happening, protect your position and make sure your case is properly presented.
Under section 31 of the Children Act 1989, the court can only make a care order or supervision order if it is satisfied that:
This is known as the significant harm threshold. The local authority must provide evidence showing why it believes this threshold is met.
The child’s welfare is the court’s paramount consideration when it decides what order, if any, should be made. This means the court must focus on the child’s safety, needs and overall wellbeing.
Starting care proceedings does not automatically mean that a child will be removed from their family. It also does not decide the final outcome. The court will consider the evidence, assessments, care plans and the views of the parties before reaching a decision.
Parents will often receive a Letter Before Proceedings. This explains the local authority’s concerns and invites them to a pre-proceedings meeting with their solicitor.
The meeting gives parents an opportunity to understand the concerns, respond to the proposed plan and discuss what changes may be needed. The aim is usually to reduce risk and, where possible, avoid care proceedings.
However, the local authority does not have to complete a lengthy pre-proceedings process in every case. If it believes a child faces an urgent safeguarding risk, it may apply directly to the Family Court.
TBI Law provides wider family law and children services for parents dealing with children’s services involvement before or during court proceedings.
The table below gives a general overview. Timings can vary, and not every case will include a fact-finding hearing or further case management hearing.
|
Stage |
Typical point in the case |
What happens |
What the parent should do |
|
Application and issue |
Start of proceedings |
The local authority applies for a care order or supervision order. Parents receive court papers, evidence, hearing details and an initial care plan. |
Contact a specialist solicitor immediately and provide all documents received. |
|
Urgent or first hearing |
Usually shortly after issue, where required |
The court may consider urgent safeguarding concerns, interim arrangements, where the child will live and contact with family members. |
Attend the hearing, give clear instructions and discuss any proposed interim order with your legal team. |
|
Case Management Hearing |
Early in the case |
The court identifies the main issues, sets directions and decides what evidence or assessments are required. |
Identify disputed allegations, suggest possible family carers early and comply with all court directions. |
|
Evidence and assessments |
Middle stage |
Social-work evidence, statements, assessments, records and approved expert evidence are gathered. The care plan develops as the case progresses. |
Attend assessments, keep records, meet deadlines and raise inaccurate evidence with your solicitor. |
|
Fact-finding hearing, if required |
Before final welfare decisions |
The court decides disputed factual allegations that may affect the final outcome. Many cases do not need a separate fact-finding hearing. |
Prepare evidence with your legal team and understand how any findings may affect the case. |
|
Issues Resolution Hearing |
After the main evidence is available |
The court reviews the final evidence and care plan. It considers whether issues can be resolved or narrowed. |
Discuss any proposed agreement carefully and make sure you understand its possible consequences. |
|
Final hearing, if required |
Near the end of proceedings |
The court hears evidence and decides whether the legal threshold is met and what order, if any, is necessary. |
Work closely with your solicitor and barrister to prepare your evidence and present your position. |
|
Final order and next steps |
End of proceedings |
The court may make a care order, supervision order, special guardianship order, child arrangements order, placement order or no order. |
Ask your legal team to explain the order, its effect and whether any further action is needed. |
The court usually aims to complete care proceedings within 26 weeks. However, some cases finish earlier, while others take longer where an extension is necessary to resolve the issues fairly.
The formal care proceedings process begins when the local authority applies to the Family Court for a care order or supervision order.
Parents will usually receive several documents. These may include:
The threshold document explains the facts and concerns relied upon by the local authority. Parents should review it carefully with their solicitor and identify anything they dispute.
Cafcass will also be notified once proceedings begin. A Children’s Guardian is usually appointed to represent the child’s interests. The Guardian is independent of the local authority and will assess the case before making recommendations to the court.
Each party has a separate role:
Parents should contact a specialist care proceedings solicitor immediately and send them every document received. Early advice is especially important because the first hearing may involve urgent decisions.
In some cases, the local authority may also apply for an emergency or interim order. Urgent issues may be considered before, or alongside, the main case management stage. The first hearing does not always have the same name or follow an identical format in every case.
At the first hearing, the court may consider where the child should live while the case continues. It may also decide what contact should take place between the child and family members.
An interim care order gives the local authority parental responsibility alongside the parents for a temporary period. It allows the local authority to make certain decisions about the child’s care while proceedings are ongoing.
An interim supervision order allows the local authority to advise, assist and support the child and family. It does not give the local authority parental responsibility.
An interim order does not decide the final outcome. It remains in place only while the court gathers evidence and considers the wider case.
Depending on the circumstances, the child may:
An interim care order does not automatically mean that a child will be removed from their parents. The court must consider the evidence, the level of risk and whether the proposed arrangement is necessary and proportionate.
The court may also address contact. This can include how often contact takes place, where it happens and whether it should be supervised.
If you are facing an urgent interim hearing, seek specialist legal advice immediately. Early representation can help you understand the application, respond to the evidence and protect your position. Our team is here to help, please contact us today.
The court will consider what remains disputed and what evidence is needed. This may include:
The court will record these decisions in a Case Management Order. This sets out the directions that each party must follow.
The judge or magistrates will also set or confirm the timetable for the child and the proceedings. The timetable should reflect the child’s needs and avoid unnecessary delay.
A Further Case Management Hearing may be listed if more decisions are needed. However, this is not required in every case.
Before the hearing, parents should give their solicitor clear and complete instructions. They should identify any disputed facts and explain why they disagree with them. They should also provide the names of possible family carers as early as possible.
Once the court makes directions, parents should work with their legal team to meet every deadline. Missing assessments, statements or appointments may affect how the case progresses.
A wide range of evidence may be gathered. This can include social-work statements, parenting assessments, drug or alcohol testing, medical evidence, police material and records from schools or health professionals. In some cases, the court may also allow psychological or psychiatric evidence.
Expert evidence is not used automatically. The court must give permission, and the evidence must be necessary to help resolve the case justly. This helps ensure that any expert assessment has a clear purpose and does not cause unnecessary delay.
Parents will usually be asked to prepare a statement. This gives them the opportunity to respond to the local authority’s concerns, explain their position and provide evidence of any changes they have made.
It is important to address the concerns honestly and clearly. However, parents do not have to accept information they believe is wrong or misleading. Their solicitor can help them challenge inaccuracies, raise concerns about assessments and decide whether further evidence is needed.
Relatives or family friends may also be assessed as possible carers. Their names should be put forward as early as possible because these assessments can take time. An initial viability assessment may lead to a fuller assessment if the person is considered a realistic option.
As the evidence develops, the local authority will update its care plan. This may propose that the child remains at home with support, lives with a relative or connected person, enters foster care or, in some cases, is placed for adoption where the legal test is met.
The Children’s Guardian will review the evidence independently. They will consider the child’s welfare, the proposed care plan and the available alternatives before making recommendations to the court. Those recommendations may carry significant weight, but the final decision remains with the judge or magistrates.
Parents should attend assessments, keep appointments and maintain clear records. They should also discuss any concerns with their solicitor as soon as possible. Constructive engagement can help the court understand their position, but it does not mean agreeing with every allegation or recommendation.
The key aim at this stage is to make sure the evidence is complete, accurate and properly tested before the case moves towards a final decision.
A fact-finding hearing may be needed where important allegations are disputed and the court must decide what happened before making welfare decisions.
This could involve an alleged injury, domestic abuse or another disputed incident. The court may hear evidence from parents, professionals or other witnesses, who can then be questioned by the legal representatives.
Many care proceedings do not need a separate fact-finding hearing. The court will only list one where resolving the disputed facts is necessary to decide the case fairly.
The findings can have a significant effect on what happens next. They may influence later assessments, the local authority’s care plan, the Children’s Guardian’s recommendations and the court’s final decision about the child’s welfare.
By the time you reach the Issues Resolution Hearing, the court should have most of the evidence it needs. The local authority’s final care plan will usually be available, together with the Children’s Guardian’s analysis and any important assessments.
The purpose of the IRH is to identify what still remains in dispute. The court will consider whether any issues can be resolved, narrowed or agreed without the need for a fully contested final hearing.
This may include:
An IRH is a formal court hearing and can have significant consequences. In some cases, the court may make final orders at this stage if the issues have been resolved and it is fair to conclude the case.
You may feel under pressure to agree because you want the proceedings to end. However, any agreement can affect parental responsibility, contact and where your child lives. You should discuss every proposal fully with your legal team before making a decision.
If the case cannot be resolved, the court will prepare it for a final hearing. This may involve confirming which witnesses will give evidence, what documents the court must consider and how long the hearing is likely to take.
The IRH is therefore more than a procedural step. It is often the point where the likely shape of the final outcome becomes much clearer.
A final hearing usually takes place when the case cannot be resolved earlier and important issues are still in dispute.
By this stage, the court should have the main written evidence, the local authority’s final care plan and the Children’s Guardian’s analysis. The judge or magistrates may also hear directly from you, social workers, experts and other witnesses.
You may be asked to give evidence and answer questions about your statement, the concerns raised and any changes you have made. This can feel overwhelming, especially if you have never been to court before. Your solicitor and barrister will explain what to expect and help you prepare.
Your solicitor will go through the evidence with you and make sure your views are clearly understood. A barrister may speak for you at the hearing, question witnesses and present your case to the court.
The court must decide whether the section 31 threshold has been met. It will then consider what order, if any, is needed to protect your child’s welfare.
Sometimes the judge will give a decision at the end of the hearing. In other cases, you may need to wait for the judgment to be delivered at a later date.
The court must look carefully at all the evidence and the different care options available. It should only make an order that is necessary and proportionate, while interfering with family life no more than needed.
The court’s task is not simply to choose between the local authority and the parent. It must decide what outcome best protects the child while interfering with family life no more than necessary.
In Sarah’s case, the court may decide that no order is needed. This could happen if the concerns have been addressed and the child can remain safely at home. Sarah would keep parental responsibility, and the local authority would not share it under a court order.
The court could instead make a supervision order. This would allow the local authority to advise, assist and support the child for a set period. Sarah would keep parental responsibility, and the child may continue living at home or in another agreed arrangement.
If the court believes the local authority needs a greater role in making decisions, it may make a care order. The local authority would then share parental responsibility with Sarah. Depending on the care plan, the child might remain at home, live with relatives or move into foster care.
Another possibility could be a child arrangements order. This may set out where the child lives or who they spend time with. It can be used where the court considers a family-based arrangement appropriate.
If a relative or family friend has been positively assessed, the court may make a special guardianship order. This usually gives the special guardian enhanced parental responsibility and allows the child to live with them on a long-term basis. Sarah would usually retain parental responsibility, although the special guardian would have greater authority when making most decisions.
Where the local authority’s care plan involves adoption, it may apply for a placement order. This allows the child to be placed for adoption, but only where the separate legal test is met. Adoption is not an automatic outcome of care proceedings and will not be appropriate in every case.
The court may also make other orders or directions based on the circumstances. These could relate to contact, assessments, support or how an existing arrangement should operate.
There is no single outcome that applies to every family. The court must consider the evidence, the child’s welfare and the available care options before deciding what order, if any, is necessary and proportionate.
This means you may not have to pay privately for a solicitor to advise and represent you. Your solicitor will explain the funding position, complete the Legal Aid application and guide you through the next steps.
A common example is a parent who receives court papers after the local authority applies for an interim care order. The first hearing may be only a few days away, and the documents could include social-work evidence, a threshold document and a proposed care plan.
In that situation, the parent may be worried about whether their child will remain at home, but unsure how to respond to the allegations. They may also be unable to afford private legal fees.
Because they are a parent responding to care proceedings, they would generally be eligible for non-means-tested Legal Aid. Their solicitor could then review the papers, prepare for the urgent hearing and make sure their position is properly presented.
The solicitor may also help them challenge inaccurate evidence, explain any positive changes they have made and identify relatives who could be assessed as possible carers.
The rules can be different before court proceedings have started. If you have received a Letter Before Proceedings or have been invited to a pre-proceedings meeting, funding may still be available, but your solicitor will need to check your circumstances.
It is also important to understand that non-means-tested Legal Aid does not automatically apply to every relative, proposed carer or other person involved in the case. Their eligibility will depend on their legal status and individual circumstances.
You should seek advice as soon as possible. Early legal support gives your solicitor more time to review the evidence, prepare for any interim hearing and make sure you are ready for the Case Management Hearing.
TBI Law provides Legal Aid for family law and specialist support for eligible Public Family Law matters. Our care proceedings solicitors can explain your funding options, review the evidence and support you through each stage of the case.
The formal care proceedings process begins when the local authority issues an application in the Family Court.
Before this, there may have been a pre-proceedings stage under the Public Law Outline. This can include a Letter Before Proceedings and a meeting with the local authority. However, pre-proceedings takes place before the court case formally begins.
Once the application is issued, you will usually receive court papers, evidence, a proposed care plan and details of the first hearing.
Care proceedings usually aim to finish within 26 weeks from the date the local authority issues its application.
Some cases finish sooner, particularly where the issues can be resolved without a final hearing. Others may take longer if the court decides that an extension is necessary.
Reasons for an extension may include:
The court must give reasons for extending the timetable.
At the first care proceedings hearing, the court may consider urgent arrangements for the child and give early directions about how the case should progress.
The court may look at:
The first hearing does not always have the same name or format. This will depend on the urgency of the case and the issues the court needs to address.
The court can approve an interim arrangement for a child to live away from home, but removal is not automatic.
The judge or magistrates must consider the evidence, the level of risk and whether removal is necessary and proportionate. Depending on the circumstances, the child may remain at home, live with a relative or move to foster care or another approved placement.
An interim care order is temporary. It does not decide the final outcome of the proceedings.
No, not all care proceedings go to a final hearing.
Some cases conclude at the Issues Resolution Hearing if the remaining issues are resolved and the court approves the proposed outcome. A case may also finish earlier where the parties reach an agreement that the court considers fair and consistent with the child’s welfare.
A final hearing is usually needed only where important issues remain disputed.
A Case Management Hearing manages the evidence and timetable, while an Issues Resolution Hearing considers whether the case can be resolved.
At the CMH, the court usually decides:
At the IRH, the court reviews the main evidence and final care plan. It then considers whether the remaining issues can be agreed, narrowed or concluded without a final hearing.
Yes, relatives or family friends can be assessed as possible carers during care proceedings.
Their names should be provided as early as possible because assessments can take time. The local authority may begin with a viability assessment to decide whether the person is a realistic option. If the initial assessment is positive, a fuller assessment may follow.
Being assessed does not guarantee approval. The court will consider the person’s ability to meet the child’s needs safely and consistently.
Parents and people with parental responsibility who are respondents to care or supervision proceedings are generally entitled to publicly funded legal representation without a financial means test.
Your solicitor will usually deal with the Legal Aid application for you.
The position may be different for:
A solicitor should check your individual circumstances and confirm what funding is available.
Yes, care proceedings can last longer than 26 weeks if the court decides that an extension is necessary to resolve the case justly.
Extensions should not be routine. The court must explain why more time is needed and how the delay affects the child.
An extension may be granted where there is complex evidence, an important assessment is outstanding or further time is needed to consider a realistic family placement. Some cases may also finish before the 26-week point.
Care proceedings can move quickly, and the decisions made at each stage may have a lasting effect on your family. Having the right legal support can help you understand the evidence, respond clearly, and make sure your position is properly presented.
One of our care proceedings solicitors can:
Your legal team can also support you if the local authority is seeking an urgent interim order or proposing that your child lives away from home. They can explain the options, raise suitable relatives or connected carers and help you understand the consequences of each proposal.
TBI Law’s care proceedings solicitors support parents throughout the process. We also provide wider Public Family Law support where children’s services are involved.
Our team supports families across the North East, including those looking for solicitors in Hartlepool, Stockton-on-Tees, Wynyard and Sunderland.
