Child Care Proceedings can be very complex and you are likely to receive lots of information from a number of people including social workers and your solicitor. You should always ask if you do not understand something because you need to know exactly what is going to happen, what is being asked of you and what choices you might have. We always try to speak to our clients using ‘non-legal’ language which can easily be understood.
Below is a list of common terms which are often used at the outset, and throughout, care proceedings.
Public Funding or Legal Aid
This is public money which is granted to people who are eligible, for legal services including advice and representation at Court whether by your solicitor or a barrister. We will advise you if you are eligible, and if you so, will make an application to the Legal Aid Agency on your behalf. If you are the parent of a child who is the subject of care proceedings, then you will be eligible for legal aid which means you won’t have to pay for advice or representation.
Parental Responsibility (sometimes referred to as ‘PR’)
This term refers to the duties and responsibilities which a parent, or another person with parental responsibility, has towards their child. It is a legal status.
A mother automatically has parental responsibility for a child they have given birth to.
A father has parental responsibility if he is married to the mother at the time of, or after, the birth of a child. A father can also have parental responsibility if he is registered on the child’s birth certificate (after the 1 December 2003). In addition, a father can have parental responsibility following agreement by the mother or by the Court making a parental responsibility order.
Care Proceedings
Care proceedings are applied for by a Local Authority for a child where the Local Authority consider that the child is suffering, or is at risk of suffering, significant harm and the Local Authority want to share parental responsibility for that child.
Once care proceedings have started, the final decision will be made by a Judge, unless there is an agreement reached.
Care Order
During care proceedings, the Court can grant a number of Orders. A Care Order gives the Local Authority parental responsibility for the child in question.
When a Care Order is in place, the Local Authority has the power to restrict the parental responsibility of a parent and make decisions about a child, for example removing the child from the parent’s care to foster carers.
If a final Care Order is made, it usually lasts until the child is 18 years old or until an application is made for discharge of the Care Order.
Supervision Order
Another Order which the Court can make is a Supervision Order. This places a child under the supervision of the Local Authority without removing the child from the care of his or her parents or carer.
A Supervision Order does not grant the Local Authority parental responsibility but means that the Local Authority should advise, assist and befriend a child.
A Supervision Order usually lasts for one year but can be extended for up to a further 3 years following an application by the Local Authority.
Special Guardianship Order
Where a child is placed with a carer who is not his or her parents, for example grandparents, the Court may make a Special Guardianship Order.
Whilst the parent’s of the child still have parental responsibility for the child, the special guardianship order means that the carers have final say in making any important decisions about the child. They can override the parental responsibility of the parents.
At Stephens Scown we are very experienced in working with parents who face care proceedings. If the Local Authority have asked you to attend a pre-proceedings meeting (PLO meeting) or have said that they are going to start care proceedings in respect of your child, please do contact us.
At Stephens Scown we are very experienced in assisting parents in child care proceedings and providing advice about the different assessments that they may be asked to undertake. Our family law team advises families across the South West on the best solutions for them. If you would like to get in touch with the team by telephone 0345 450 5558 or email enquiries@stephens-scown.co.uk