Care Proceedings
Care Order Cases
A care order is given by a court. It allows a council to take a child into care. Under the Children Act 1989 a council can apply for a care order if it believes a child is suffering or at risk of suffering significant harm. The court decides if the child can be taken into care. If you are involved in care proceedings you must see a solicitor as soon as possible. If you have been told by a social worker that they are thinking about coming to court to ask for an order in relation to your child or a child you are looking after, you should go an see a solicitor that specialises in family work as soon as possible.
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Legal Aid for Care Cases
Legal Aid
Parents and some others involved in proceedings where the local authority is asking to take a child into care are almost always entitled to free representation by lawyers. It is always worth making an appointment with a solicitor to see if you will qualify for help.
Solicitors also get some funding to help people before the local authority comes to court - the stage known as pre-proceedings.
If you are in any doubt, do not hesitate to see a solicitor as soon as possible.
Finding a Lawyer?
Finding a Lawyer
If a local authority has indicted to you that they are thinking about apply to court in relation to a child in your care (or a child you want to care for) it can be sensible to take some advice from a lawyer - often before being involved in court proceedings. You can find solicitors and barristers local to you, and with the right qualifications and experience by investigating the websites below. If you are entitled to legal aid (as nearly all parents and some carers for children are) your first step should be to see a solicitor with experience of care cases who may be able to apply for legal aid to help you.
Care Proceedings
Useful Information
Proceedings where a local authority is seeking to take a child in care can be complicated. The links below provide useful detailed information about such cases and may be particularly useful to people who do not get legal aid (often grandparents and other relatives).
If you are a parent you are very likely to be entitled to legal aid and should go and see an experienced solicitor as soon as possible to get advice on what to do.
Information about Care Cases
The Family Rights Group
Our Advice and Advocacy Service is for parents, grandparents, relatives, friends and kinship carers who are involved with children’s services in England or need their help. We support families to understand the law and child welfare processes when social workers or courts are making decisions about their children.
Child Law Advice
The Child Law Advice Service provides legal advice and information on family, child and education law affecting children and families in England. This service is provided via this website packed with how to guides and information pages.
The link below opens the website on the section about local authority involvement with families and care proceedings.
Cafcass
Cafcass
Cafcass stands for Children and Family Court Advisory and Support Service.
Cafcass represents children in family court cases in England. They independently advise the family courts about what is safe for children and in their best interests. They are independent of the courts, social services, education and health authorities and all similar agencies.
Other Websites
AdviceNow
Advicenow provides clear, step-by-step, user-friendly practical guides, and 'top picks' from the rest of the web, to help you manage life's legal problems.
Citizens Advice
Our network of independent charities offers confidential advice online, over the phone, and in person, for free.
Law Centres Network
Law Centres Network
Law Centres offer legal advice, casework and representation to individuals and groups.
Useful Telephone Numbers
If you would prefer to speak to someone on the telephone, the Court has prepared a list of useful telephone numbers for organisations that may be able to assist with a variety of topics. It can be viewed on this website or downloaded and printed. Click on the button below to go the list.