When, why and how will Social Services issue care proceedings?

Social Services will issue care proceedings when they believe a child is at risk of significant harm and that no other support or intervention has worked to keep them safe. This is done under Section 31 of the Children Act 1989 and usually leads to a court case where a judge decides if the child should be removed from their home or if alternative arrangements should be made.

When Do Social Services Start Care Proceedings?

Social Services will apply to the Family Court if they believe:
🚨 The child has suffered or is likely to suffer significant harm due to:
✅ Neglect – Not meeting a child’s basic needs (e.g., food, hygiene, supervision).
✅ Physical abuse – Hitting, shaking, or causing non-accidental injuries.
✅ Emotional abuse – Exposure to domestic violence, severe criticism, or rejection.
✅ Sexual abuse – Any form of sexual harm or exploitation.

📌 Before applying to court, social services usually try other interventions like:

• A Child in Need (CIN) Plan (Section 17 support).
• A Child Protection Plan (CPP) (if the child is already at risk).
• Holding a Public Law Outline (PLO) Meeting to give parents a last chance to improve the situation.

If these steps fail, they may apply for a Care Order or Emergency Protection Order (EPO).

What Happens When Care Proceedings Start?

1️⃣ Application to Court – Social Services apply for a Care Order.
2️⃣ First Hearing (Case Management Hearing) – You will be given legal representation. The judge will assess the case.
3️⃣ Interim Care Order (ICO) Decision – The court may grant temporary removal of the child if there is an immediate risk.
4️⃣ Evidence Gathering – Professionals (social workers, medical experts, schools) provide reports.
5️⃣ Final Hearing – The judge decides if the child should:

• Stay with their parents under strict conditions.
• Be placed with family (kinship care).
• Go into foster care or be put up for adoption (in extreme cases).

Can I Stop Care Proceedings?

✅ Cooperate fully – Show that you can meet your child’s needs.
✅ Follow support plans – Engage with parenting courses, therapy, or substance misuse support if required.
✅ Get legal advice – You are entitled to free legal aid for care proceedings.

If you have any questions regarding the family law courts, please do not hesitate to contact us.