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.

Client Testimonials

Thank you so very much for your help and steering us through a minefield! Take care and be happy

Ms W

Thank you for the order and for all the help in bringing my daughter back home. It has been the worst experience of my life and I couldn’t have got there without your professional help. You have been amazing. I will be forever grateful for everything.

Ms S

Dear Michelle,

I just wanted to say a big thank you for your kindness, patience and strength you showed us. We got through this due to some very special people and you were one of them. We could not have achieved this resolution without your guidance and care.

Ms M

Thank you very much, I know I keep saying this but you have been absolutely fantastic with all your help, advice, support and energy. Thank you very much Michelle.

Mr S

Samantha Barker at Brighton and Hove Law conducts her cases with competent vigour which undoubtedly makes the role of our barristers seamless. 

Steve Lavell, Director of Clerking

Thank you for all your help Sarah. I would not have got to this point on my own without your help. I appreciate everything you’ve done and the way you have always been so approachable and understanding of my situation. Without having you there this past year, I would be in a much more anxious and unhappy state of mind – and I would have felt helpless and unable to speak during the hearings.

Ms G

Samantha Barker is extremely experienced and able. Samantha turns her hand to a wide range of children work, particularly care work achieving outstanding outcomes for a variety of clients who often present as extremely vulnerable. The team at Brighton and Hove Law have a wide breadth of practice which is second to none.

Kristina Hopper, Barrister

I must say you have been amazing throughout this process and we both are most grateful. I know it has not been the most straightforward of cases, but your understanding, flexibility and patience, along with your excellent communications have made it as pain free as could be possible. I will without doubt be recommending your services.

Mr F

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