Care Proceedings
What happens if your case goes to court
If Social Services start care proceedings, it means they have asked the court to make decisions about your child’s care and safety. This can feel overwhelming, particularly if you have not been involved in court before.
This guide explains what care proceedings are and what to expect.
What are care proceedings?
Care proceedings are court proceedings started by Social Services when they believe a child may be at risk of significant harm and that court intervention is necessary.
The court will decide:
- whether the legal threshold is met
- what orders, if any, should be made in your child’s best interests – this may include a care order or supervision order, but there are a range of possible outcomes.
When do they happen?
Care proceedings usually follow the PLO (pre-proceedings) process, although in urgent situations they can start without this.
You will be served with:
- a court application
- a statement setting out the concerns
- details of the first hearing
It is important to act quickly once proceedings have started.
What happens during the case?
Care proceedings are made up of a series of court hearings. The court will:
- consider the concerns raised by Social Services
- hear from you and your legal team
- appoint a Children’s Guardian to represent your child
- consider evidence, including assessments of you and others
There may be:
- interim decisions about where your child lives
- assessments of parenting or family members
- a final hearing where long-term decisions are made
The process is structured, but it can take several months.
What should you do now? (practical steps)
- contact a solicitor immediately if you have not already done so. It is really important to be legally represented
- we have a specialist child care team who can represent you care proceedings
- read the court papers carefully – make notes of anything you disagree with
- keep in regular contact with your solicitor and follow their advice
- attend all hearings and appointments
When should you get legal advice?
You should have a solicitor as soon as care proceedings are issued.
A solicitor will:
- represent you in court and put forward your case
- explain each stage of the process
- help you respond to the concerns
- advise you on evidence and assessments
A barrister or your solicitor will also represent you at hearings.
Common terms explained
- Threshold – the legal test the court must be satisfied is met before making orders
- Interim order – a temporary order made while the case is ongoing
- Care order – an order giving Social Services parental responsibility
- Supervision order – an order where your child remains in your care but Social Services are involved
Legal Aid
Legal Aid is available for parents in care proceedings regardless of income.
This means you will be able to have a solicitor and, where appropriate, a barrister to represent you, and you will not have to pay.
What to take to your solicitor
- all court papers you have received
- any previous correspondence from Social Services
- a timeline of events if you are able to put this together
- details of any support, treatment or services you are involved with
If you only do three things now
- make sure you have a solicitor and stay in regular contact with them
- read the court papers and be clear about what you agree and disagree with
- focus on what changes are expected and how you can show progress
Sources and important note
This guide is based on current law and practice in England and Wales, including the Children Act 1989 and statutory guidance issued by the Department for Education. It reflects how these processes operate in practice. It is intended as general information only and is not a substitute for legal advice on your specific situation.