Care Proceedings law

At times, due either to genuine concerns about children, or as a consequence of a breakdown of relationships between parents and social workers, a social services department will seek care or additional powers over children.
To obtain such an Order it is necessary for Social Services to establish to a Court that the children will suffer ‘significant harm’ if action is not taken. The Orders that may then be applied for include:
A Care Order. This will place the Children in the care of the Local Authority. It does not necessarily mean that the children will be removed from their parent’s care, but can result in this, and will in any event remove much of the responsibility and decision making a parent has for their children.

· A Supervision Order. This does not authorise Social Services to remove the children, but does give them powers to intervene in the children’s upbringing.

· A Family Assistance Order. These can not be made for longer than 6 months, and will authorise a social worker to maintain regular contact with the parents and the family. It can not be made unless the parents consent.

· Emergency Protection Order. This allows immediate removal of the children, but must be followed by an application for a Care Order.

· Child Assessment Orders. The court can order that a child undergo an assessment (e.g. psychological or educational) to decide if a child is suffering "significant harm" and therefore whether the court should make a care order.

· Education Supervision Orders. If a court considers a child is not being properly educated it can make an order putting the child under the supervision of a particular education authority, (as long as the child is not in local authority care). These orders are usually made for up to 1 year, but can be extended.

· Secure Accommodation Orders. If a child has a history of running away or is likely to run away from where they are living then a body such as a local authority, education authority, health authority or children's home can apply for an order that the child be kept in secure accommodation, (their movements will be monitored). Also, if a child is likely to suffer significant harm or is likely to injure themselves an order can be made.

· Contribution Orders. Where a local authority is looking after a child it can apply to the court for an order that the child's parents must contribute to the child's upkeep. A local authority must first serve a contribution notice on the parents stating how much they should pay. If the parents do not pay or start to pay and then stop, the local authority can then apply to the court for a contribution order. However, the local authority cannot apply until one month after the date of their contribution notice.

Rather than remove the children, the Courts have powers to remove an ‘abuser’ from the home.

It is quite possible to oppose an application by a local authority for an Order relating to your children. To do so, it is necessary to show that the children are not at risk of ‘significant harm’, and that their welfare is best served by them remaining with you, and under your care. To make such an application, you must have parental responsibility. If an Order has been made, it is possible to apply to the Court to discharge the Order
The Family Rights Group provides advice and support for families whose children are involved with social services. The web site offers information sheets to download, and you can find out about the free help line that the group has set up.

Contact/Residence | Guardians | Maintenance of children | Parental Responsibility | Prohibited Steps | Care Proceedings

Permalink