Care Proceedings: When the Council Applies to Take a Child into Care

Care proceedings typically follow a sequence:

• A referral to children's services (from school, GP, neighbour, police, or anonymous).
• A Child and Family Assessment under section 17 (Child in Need) or section 47 (Child Protection) of the Children Act 1989.
• If significant harm is identified, a Child Protection Conference is held — child is placed on a Child Protection Plan (categories: physical abuse, neglect, sexual abuse, emotional abuse).
• If the Plan does not work or the situation deteriorates, the council issues a "Pre-Proceedings Meeting" letter (the PLO — Public Law Outline) inviting parents to engage before court action.
• If pre-proceedings fail or are bypassed (urgent risk), the council applies to the family court for an Emergency Protection Order (EPO, 8 days), Interim Care Order (ICO), or Care Order.

The most common triggers: neglect (poor home conditions, inadequate care, unexplained injuries), drug or alcohol misuse by parents, domestic abuse where the child witnesses, mental health crisis in a parent, and physical/sexual abuse allegations.

Under section 31(2) Children Act 1989, the court can only make a Care Order or Supervision Order if it is satisfied:

1. That the child concerned is suffering, or is likely to suffer, significant harm;
2. AND that the harm, or likelihood of harm, is attributable to:
   • the care given to the child, or likely to be given if the order were not made, not being what it would be reasonable to expect a parent to give; or
   • the child being beyond parental control.

The threshold test is the critical gateway. The council bears the burden of proving threshold on the balance of probabilities. "Significant harm" means harm that is more than trivial but does not have to be irreversible. "Likely" means a real possibility, not a probability. Future harm is included — even if no harm has yet occurred, a future risk can satisfy threshold.

If threshold is not crossed, no order can be made and the case is dismissed. If it is crossed, the case moves to the welfare stage.

Once threshold is established, the court applies the welfare checklist in section 1(3) of the Children Act 1989. The court considers:

• The wishes and feelings of the child (in light of age and understanding).
• The child's physical, emotional and educational needs.
• The likely effect on the child of any change in circumstances.
• The child's age, sex, background, and other relevant characteristics.
• Any harm the child has suffered or is at risk of suffering.
• The capability of the parents (and any other relevant person) of meeting the child's needs.
• The range of powers available to the court.

The court must also apply the "no order" principle — make no order unless making an order would be better for the child than no order. The court considers all options on a "menu" — no order, no statutory order, supervision order, care order, placement order, special guardianship — and chooses the one that is in the child's best interests.

The 26-week timetable under section 32 CA 1989:

• Day 1: Issue — the council issues the application. The court allocates a judge and lists initial hearings.
• Day 6: Initial Case Management Hearing (ICMH) — the first directions hearing. Threshold issues, assessment plan, witnesses, expert evidence, contact arrangements.
• Week 4-8: Case Management Hearing (CMH) — full directions, assessments commissioned, kinship carers identified.
• Weeks 4-18: Assessments — Initial Family and Friends Assessment (IFFA), parenting assessment, kinship assessments (potential family placements), psychiatric or psychological assessment where indicated.
• Week 20-22: Issues Resolution Hearing (IRH) — pre-final hearing where the court tries to narrow issues, encourage agreement, decide what evidence is needed at final hearing.
• Week 23-26: Final hearing — usually 3-5 days. Witnesses give evidence; the judge makes findings and decides which order to make.

Parents have strong procedural rights:

• Free legal aid — non-means-tested, automatic for parents in section 31 proceedings. Use your specialist family solicitor; they are paid by the Legal Aid Agency.
• Contact arrangements — parents are entitled to reasonable contact under section 34 CA 1989. The default is contact unless contrary to the child's welfare. Push for as much contact as possible; the quality and frequency of contact is observed and reported on, and affects final outcomes.
• Family group conference — many councils offer or require these. Family meets to discuss alternatives. Kinship carers (grandparents, aunts, uncles) can be assessed as potential placements.
• Independent expert evidence — the court can permit psychiatric, psychological, or other expert assessment. This is funded by Legal Aid. Carefully selected experts can change outcomes.
• Special advocates and intermediaries — for parents with mental health issues, learning disabilities, or other vulnerabilities, the court can appoint intermediaries to assist with the hearing.
• Engage with the local authority — pre-proceedings cooperation is observed. Attending appointments, completing courses, demonstrating change carries weight at threshold and at welfare.