Care proceedings – support when social services are involved

How our solicitors can help you

When social services become involved in your family’s situation, it can feel as though everything is happening to you, not with you. Our care proceedings solicitors change that. From the first contact, we explain the process in plain English, clarify every letter and report with you, and make sure you understand what the local authority is worried about, and importantly what you can realistically do to respond.

We can attend Public Law Outline pre‑proceedings meetings (PLO) and court hearings with you, challenge inaccurate or unfair allegations, and ensure your voice is heard in meetings and in front of the judge. Where assessments are proposed, including parenting assessments, drug tests, psychological reports or viability assessments of relatives, we advise you on what they mean, help you prepare, and push back where proposals are unnecessary or disproportionate.

Legal aid is available for parents in child care proceedings, helping keep focus on protecting your relationship with your child and achieving the least intrusive outcome that still keeps them safe, rather than on costs. Throughout, our team keeps in close contact, gives honest advice even when it is difficult, and treats your case with the care and respect it deserves at what is likely one of the hardest moments of your life.

What are care proceedings?

Care proceedings are court proceedings started by a local authority when it believes a child is suffering, or is likely to suffer, significant harm.

Facing child care proceedings is frightening and can feel overwhelming, but you have rights, including the right to your own solicitor and to be heard. Our care proceedings solicitors will explain what care proceedings are, what the local authority is asking for, and what you can do next, handling your case with the care, thorough preparation and dignity we would want for our own families.

The pre-proceedings stage (PLO)

The pre‑proceedings stage is a formal warning stage that gives you a chance to work with social services and your solicitor to address concerns, and is designed to avoid court where possible.

It usually starts with a letter before proceedings setting out the local authority’s worries about your child, what they say must change, and what support they will provide. You will be invited to a pre-proceedings meeting where you can bring a solicitor. This is your opportunity, with legal support, to discuss the concerns, challenge anything that is wrong or unfair, and agree what needs to happen.

What happens during care proceedings?

Care proceedings follow a structured court process, usually on a strict 26‑week timetable, with a series of hearings and assessments. The court aims to complete the care proceedings timeline within 26 weeks, so decisions for the child are not delayed unnecessarily. There are a series of hearings to try to reach resolution and to collate evidence, where you have legal representation by your side.

Key people involved in care proceedings

There are several professionals involved in care proceedings, each with a distinct role.

The local authority, sometimes called children’s services or social services presents its evidence and recommendations to the court.

Parents and anyone with parental responsibility have the right to their own child care proceedings solicitors and to give their side of the story.

Other family members, such as grandparents, may make applications and in some circumstances become parties if they put themselves forward to care for the child.

Cafcass appoints a children’s guardian, an independent social work professional who represents the child’s interests, supported by a separate child’s solicitor.

The court can also instruct independent experts, such as psychologists, medical experts, or specialist social workers, to carry out assessments where needed.

Our role is to coordinate your response, liaise with the child’s solicitor and local authority, and ensure your evidence is properly put before the judge, helping you feel supported at each stage.

Types of court orders

At the end of care proceedings, the court can make a range of orders, or no order at all, depending on what is best for the child. These include:

• Interim care order - gives the local authority shared parental responsibility during the case and can allow a child to live in foster care, with family, or sometimes at home under conditions.
• Final care order - gives the local authority long‑term parental responsibility, where foster carers or long term carers make day‑to‑day decisions, but the authority controls care planning and contact.
• Supervision order - lets a child stay or return home (or to a family member) while the local authority supervises and supports the child for up to a year, extendable to three years.
• Emergency protection order - short‑term emergency order allowing immediate removal to a place of safety where there is urgent risk.
• Special guardianship order - places the child with a special guardian (often a grandparent or relative) who has enhanced parental responsibility while legal links to birth parents remain.
• No order - if the court decides the threshold is not met or that an order is not needed, it can choose to make no order at all.

Our solicitors explain, in clear terms, what each care order, interim care order, final care order, supervision order or emergency protection order would mean for contact, parental responsibility and long‑term plans, and where needed argue for the least intrusive option that still keeps your child safe.

How long do care proceedings take?

Most care proceedings are expected to finish within 26 weeks, but some cases take longer where the court agrees more time is needed.

If needed, judges can extend this timetable in eight‑week blocks if it is in the child’s best interests to so do. This could include where a specialist assessment needs to be completed. The proceedings will only be extended where it is necessary to enable the court to resolve the case justly.

The pre‑proceedings stage sits outside this timetable, meaning families may already have been working with social services under PLO for several months before court. Our team keeps you updated on timescales at every stage so you know how long each part is likely to take, the milestones you can expect, and if delays are likely. We help you understand what’s happening next.

Funding and legal aid for care proceedings

Legal aid is available for parents in care proceedings and should not be a barrier to getting specialist help. Our care proceedings solicitors explain eligibility at the first contact, handle all legal aid applications and ensure that care proceedings costs are not something you need to worry about while you focus on your family. In the rare circumstances you do not qualify, we discuss alternatives transparently so you can make informed decisions about funding.

If you are a parent, or have parental responsibility, and are a respondent in child care proceedings, you are automatically entitled to legal aid care proceedings funding for advice and representation. There is no financial means or merits test. Legal aid also covers advice and representation at the pre‑proceedings stage. Other family members, such as grandparents who become parties, may also qualify for care proceedings legal aid, but usually subject to a means assessment.