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29 Care Proceedings

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1. Introduction

2. Who can make decisions about my child´s care?

3. Why would the council get involved in my child’s care?

4. What if the council thinks my child is in immediate danger?

5. What should happen before the council decides to apply for a care order?

6. Can I get help to pay for a lawyer?

7. What happens when the council starts care proceedings?

Care proceedings are started in the Family Proceedings Court.

The court will want to be sure that the council has worked with you and your family to help you deal with its concerns about the child. The court will want to see various documents, including a record of discussions with the family, such as notes from any meetings you have had with the council or any plan your family has made resulting from a Family Group Conference. If you have not had an FGC but would like one, you should discuss with your solicitor immediately whether this can still be arranged.

The court should manage the progress of the case, make sure there is no unnecessary delay, and set a timetable that best meets the needs of your child.

As soon as the council starts care proceedings, the court will:

8. Who will represent my child during proceedings?

9. What happens at the First Appointment?

10. What orders can the court make at the First Appointment?

11. What happens after an interim order is made?

12. How do I prepare for the final hearing?

13. What happens at the final hearing?

14. How does the court make its decision?

15. What types of order can the court make?

16. What must the council do after a care order is made?

17. How can I apply to end a care order?

18. Further help

19. About this leaflet

The leaflets in this series give you an outline of your legal rights. They are not a complete guide to the law and are not intended to be a guide to how the law will apply to you or to any specific situation. The leaflets are regularly updated but the law may have changed since this was written, so information in it may be incorrect or out of date.

If you have a problem, you will need to get more information or personal advice to work out the best way to solve it. See ‘Further help’ for sources of information and advice.

This leaflet is published by the Gurkha Free Legal Advice (LSC). It was written in association with Family Rights Group.

Leaflet Version: October 2008

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