What happens if the council applies to take my child into care?

Care proceedings begin when a local authority applies under section 31 of the Children Act 1989. Instruct a specialist family solicitor the day you receive the papers: legal aid for parents in these proceedings is non-means-tested and automatic, so representation costs you nothing whatever your income.

The two-stage test

First comes the threshold. The council must prove, on the balance of probabilities, that the child is suffering or is likely to suffer significant harm, and that the harm is attributable to the care being given not being what a parent would reasonably be expected to give, or to the child being beyond parental control. "Significant" means more than trivial; "likely" means a real possibility rather than a probability. If the threshold is not crossed, no order can be made at all.

Only then does the court reach welfare, applying the checklist in section 1(3) — the child's wishes and feelings in light of their age, their needs, the effect of change, any harm suffered or risked, and each parent's capability. The court must also apply the "no order" principle and choose from the full menu: no order, a supervision order, a care order, a special guardianship order, a placement order, or return to the parents.

The timetable and what you can do

Section 32 imposes a 26-week deadline. An initial case management hearing is usually listed within about six days of issue, a fuller case management hearing follows in weeks four to eight, assessments run to around week 18, an issues resolution hearing takes place at weeks 20 to 22, and the final hearing — typically three to five days — falls inside 26 weeks.

• Contact. Section 34 presumes reasonable contact unless it is contrary to welfare. Push for as much as you can get: its quality and consistency is observed and reported on, and it influences the outcome.
• Kinship options. Put forward grandparents, aunts or uncles early so they can be assessed; many cases end in a special guardianship order to a relative rather than care.
• Expert evidence. The court can permit psychological, psychiatric or other assessment, funded through legal aid, and a well-chosen expert can change the outcome.
• Engagement. Attending appointments, completing courses and demonstrating change during the pre-proceedings stage carries real weight later.

CAFCASS appoints a Children's Guardian, with their own solicitor, to represent the child independently. Intermediaries can be appointed where a parent has a learning disability or mental health difficulty. A care order lasts until the child turns 18, and appeals must be lodged within 21 days with permission.