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Understanding Care Proceedings in Public Law Cases
When a local authority applies for an order to protect a child’s welfare, these are known as public law cases. Common types include care orders, supervision orders, emergency protection orders, and secure accommodation orders.
In all care proceedings, the child is a party to the case and is represented by a Children’s Guardian appointed by Cafcass. The Guardian ensures the child’s welfare is the top priority and will appoint a solicitor to act for the child. If the child disagrees with the Guardian and is mature enough, they can instruct their own solicitor.
Parents with parental responsibility are automatically entitled to legal aid for representation during care proceedings. Those with parental responsibility by virtue of a residence order are also included.
The welfare checklist under the Children Act 1989 guides the court’s decision-making. The child’s wishes, physical and emotional needs, risk of harm, and parental capability are all taken into account.
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Understanding Care Orders, Supervision Orders, and the Care Proceedings Timeline
Care orders give the local authority parental responsibility and allow them to make decisions such as where the child will live and with whom. Contact arrangements may require court involvement if there’s disagreement. Children under care orders may live at home, in foster care, or in residential settings.
Supervision orders do not transfer parental responsibility but require a supervisor to monitor and assist the child. They typically last one year but can be extended up to three years.
Secure accommodation orders allow a child to be placed in secure facilities if they pose a risk to themselves or others. The court must approve any period over 72 hours, and the child must be legally represented.
Care proceedings usually last 6 to 9 months. Courts follow the Public Law Outline to aim for resolution within 26 weeks. Several procedural hearings—like the case management conference and Issues Resolution Hearing—help determine facts and future steps.
At the final hearing, the court decides whether a final order is needed and who the child will live with. Potential outcomes include a Care Order, Supervision Order, Special Guardianship Order, or Placement Order.
Independent Reviewing Officers monitor the child’s care plan and ensure the local authority is fulfilling its obligations. Reviews are conducted regularly to assess progress, well-being, and preparation for independence.
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