Alsters Kelley Solicitors, incorporating RJ Kelley and Co and Richards Heynes and Coopers, providing all aspects of Family Law and Care Proceedings. Based in Coventry, Leamington Spa and Nuneaton, we are one of the largest solicitors firms in Warwickshire and the West Midlands.
Care Proceedings, Solicitors, Lawyers, Legal Services, Coventry, Leamington Spa, Nuneaton, Warwickshire, West Midlands.
Alsters Kelley Solicitors provide legal services including Family Law and Care Proceedings. Contact us with your Family Law and Care Proceedings needs.
Sometimes parents face difficulties in being able to care for their children and social services become involved in the care of the children.
If a local authority is concerned about the level of care provided to your children a Child Protection Conference maybe set up to determine
whether the children's names should be placed on a Child Protection register under a certain category, e.g. neglect, risk of sexual abuse
or emotional abuse etc. A child protection plan will be put in place to reduce the risks to the children.
If Social Services have serious concerns or there are urgent circumstances, the local authority may take action by issuing care proceedings
and make an application to Court for a Care or Supervision Order. This could lead to children being placed in foster care or even put up for adoption.
A court can only make a care or supervision order if it is satisfied that;
The child is suffering or is likely to suffer significant harm
The actual harm or likelihood of harm is attributable to the care given to him (or likely to be given to him if an order were not made) which falls below a reasonable standard
The child is beyond parental control
Care Order
If a care order is made this will provide the local authority with parental responsibility for your child, which will enable them to decide where the children
will live, how often contact takes place and other important issues. The Care Order lasts until a child's 18th birthday but can be discharged earlier if
circumstances change. Even if a Care Order is made, this does not necessarily mean your child will be removed from your care. The local authority has
a duty to consider whether it is in the best interest of the child to remain with you. The proceedings for a care order usually take between 20-50 weeks
and during that time, you will be allowed contact with your child although the child is likely to be placed with foster carers. Contact is usually supervised
and assessments will be undertaken by social services to asses your parenting skills and other independent agencies e.g. Psychologists and on some
occasions a residential assessment maybe arranged to help address areas of concern. These assessments help the court to decide what is best for the
hild concerned and where the child will live and future plans. A Guardian will be appointed to represent the interests of the child and will act independently
of social services. The Guardian will meet with the child, parents and other people involved and will prepare a report for the court giving recommendations
as to where the child should live and any future plans.
Supervision Order
If a supervision order is made this will not provide the local authority with parental responsibility. The proceedings relating to a supervision order are similar
to that of an application for a care order. The supervision order allows the child to live with the parents or current carers however, the arrangements relating
to the child will be under review by the Court and will mean that social services will be involved in the care of the child. It is important for the parents or carers
to cooperate with the Supervision Order as if they do not cooperate they risk the local authority making an application for a care order and the child being removed.
Placement Order
If the Court makes a decision that the parents or carers cannot provide the required level or care which would be in the child’s best interest the local authority will
make an application for a placement order for the child to be placed with another carer or carers permanently. This in effect means that the child is adopted and
parental responsibility for the child ceases and is transferred to the new carers. Contact with the child will cease however the court may make provision for their
to be ‘letter box’ contact e.g. you will be able to write to the child once a year via social services for when the child reaches 18 and you will usually have a special
session of contact arranged to say goodbye to your child.
Representation and advice in care proceedings is fully funded by the Legal Services Commission regardless of your financial means.
