The Local Authority will make an application to Court if they are concerned about the welfare of a child and feel they are at risk of suffering significant harm. Usually the Local Authority will apply for a Care Order or Supervision Order in relation to the child, although other orders can be considered.
If the Local Authority apply to court then legal aid is automatically granted for parents or anyone else who has parental responsibility for the child. The nature of proceedings are that all parties are legally represented. The child will also have what is called a Children’s Guardian. The Guardian is an independent officer of the Court and not connected to the Local Authority or Social Services at all. The Guardian will make enquiries and provide recommendations to the Court.
The first hearing is called a Case Management Hearing. This hearing will consider what the short term living arrangements should be for the child, whether this is staying with a parent, family member or foster care. This does not necessarily mean it will be the long-term living arrangements for the child. The Court will also list the future court hearings and dates for further evidence to be provided. There may be expert evidence such as medical reports and police disclosure.
On occasion, a Further Case Management Hearing may be listed. This is usually if there is outstanding information required and parties are then able to consider what steps need to be taken next.
Once all of the evidence and final assessments have been completed, the Local Authority will file a statement and final care plan setting out where they think the child should live. Parents are able to respond to confirm their view. The Guardian will also file a final recommendation report.
If matters are agreed in terms of plans in the long-term then the matter can be resolved at an Issues Resolution Hearing. However, if there is any disagreement it will be adjourned to a Final Contested Hearing where all parties may be required to give evidence or submissions may be made and then the Judge will make a decision in the child’s best interests.
Parents are required to file position statements and a response to the Local Authority’s concerns during the proceedings. We will draft these statements with you.
The Court process has to be completed within 26 weeks, and can only be extended in exceptional circumstances.
We have a dedicated Public Law Family Team who will be able to advise you throughout the process, if you require any further assistance then please contact a member of our team.
