Care Proceedings & Court Orders | A Parent’s Complete Guide

When social services start care proceedings, it means they believe a child is at risk of significant harm and are asking the court to intervene in family life. These cases are heard in the Family Court under the Children Act 1989. This is one of the most serious legal situations a parent can face, but you have rights, and you are not alone.

What Are Care Proceedings?

Care proceedings are legal cases where the local authority asks the court to decide:
  • Is the child safe at home?
  • Can the parents safely meet the child’s needs?
  • Does the court need to make protective orders?
The court applies the “threshold criteria,” which is proof that a child has suffered or is at risk of significant harm.

Types of Court Orders in Care Proceedings

Interim Care Order (ICO)

Temporary order during the case. Social services share parental responsibility.

Interim Supervision Order (ISO)

Child remains at home but under monitoring.

Final Care Order

Local authority gains parental responsibility and decides where the child lives.

Supervision Order

Child stays with parents, but social services supervise for up to 3 years.

Special Guardianship Order (SGO)

Often granted to relatives instead of foster care.

How Long Do Care Proceedings Last?

Typically up to 26 weeks, though complex cases may take longer.

Your Rights as a Parent

  • Free legal aid
  • A specialist care solicitor
  • To challenge social services’ evidence
  • To attend all hearings
Strong legal representation can directly affect whether your child stays at home.

Need Help With Care Proceedings?

If social services have started court action, time is critical.
ASA Solicitors provide urgent nationwide representation in care proceedings. Contact us today for immediate legal advice.


FAQs

What are care proceedings?

Care proceedings are family court cases where the local authority asks the court to make orders to protect a child if they believe the child has suffered or is at risk of significant harm.
 

The court must be satisfied that the child has suffered or is likely to suffer significant harm, and that the harm is linked to the care being given (or likely to be given) by the parents or carers.

The court may make Interim Care Orders, Interim Supervision Orders, Supervision Orders, Care Orders, and sometimes Special Guardianship Orders or Child Arrangements Orders depending on the long-term plan.

An Interim Care Order is a temporary order made while the case is ongoing. It gives the local authority shared parental responsibility and allows decisions about where the child lives during proceedings.

In most cases, parents are eligible for legal aid in care proceedings, meaning a specialist solicitor can represent them without cost.

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