Adoption & Care Proceedings

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How do care proceedings work?

When social services are concerned about a child’s welfare they will look closely at the child’s situation and family life. Taking children away from their parents should normally be the last step social services take to make sure the children are safe and well cared for.  Help and assistance should also be offered to the parents. A parent or parents should always be involved in decisions made about their child or children unless a court has decided they should not.

The welfare of children is the most important consideration and it can often feel to the parents that they are being pushed aside or treated unfairly. However, the safety and protection of the child involved will usually be the first priority.  Where arrangements for the child or children cannot be agreed, the local authorities are enabled to take protective measures for the child or children in their area.  The social services have a statutory duty of care towards these children.

The main orders within care proceedings are:

  • Emergency Protection Orders.
  • Care Orders.
  • Interim Care Orders.
  • Supervision Orders.
  • Interim Supervision Orders.
  • Child Assessment Orders.

Some meetings and procedures may take place without court proceedings- such as Child Protection Conferences, Core Groups and Pre-Proceedings (known as Letter before Action Meetings).

Police Protection Orders can occur without proceedings in place but they can only last for 72 hours.

How can we help?

At Brighton & Hove Law, we are experienced in working through difficult and complicated circumstances. If you have received a letter before proceedings, social services have taken your child into care or have threatened to do so, it is important that you are represented by a specialist who can guide you through this process. It is important you seek legal advice as soon as possible, as you will generally qualify for legal aid. We can obtain this for you on an emergency basis if necessary. Please contact us if you have any questions or feel you need our help.

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