What Are Care Proceedings?
Care proceedings are court proceedings brought by a local authority (social services) under the Children Act 1989 when it believes a child is suffering, or is at risk of suffering, significant harm. The court can make one of several orders:
The Pre-Proceedings Process (PLO)
Before issuing care proceedings, most local authorities follow the Public Law Outline (PLO) pre-proceedings process. You should receive a "Letter Before Proceedings" setting out the concerns and inviting you to a meeting. This is a critical stage:
- You are entitled to free legal advice from a solicitor at the pre-proceedings stage (legal aid covers this)
- A PLO meeting with the local authority is an opportunity to respond to concerns and agree a plan
- If concerns are resolved at PLO stage, proceedings may be avoided entirely
- Your solicitor can attend all PLO meetings and negotiate the content of any parenting agreement or safety plan
Do not attend a PLO meeting without legal advice — what you agree at this stage can be used in evidence if proceedings are later issued.
The Stages of Care Proceedings
-
1
Application & first hearing (ICO)
The local authority files its application. At the first hearing, the court considers whether to make an Interim Care Order (ICO) allowing the child to remain in or be removed from the family home while proceedings continue. This hearing is often within days of the application.
-
2
Case Management Hearing (CMH) — Week 4–6
The court sets the timetable, identifies the issues, and gives directions for expert assessments (psychological, parenting capacity, drug/alcohol). A CAFCASS Children's Guardian is appointed to represent the child's interests.
-
3
Issues Resolution Hearing (IRH) — Week 16–20
After assessments are complete, the IRH identifies remaining contested issues and explores whether the case can be resolved without a final hearing. Many cases settle at this stage.
-
4
Final hearing — Week 26 (26-week rule)
Under s.32 Children Act 1989 (as amended), care proceedings must conclude within 26 weeks. At the final hearing, a judge decides whether to make a care order, supervision order, or discharge the application. Your solicitor presents your case and cross-examines witnesses.
Common Situations We Help With
Legal Aid in Care Proceedings
Legal aid is automatically available to parents, grandparents, and anyone with parental responsibility who is a party to care proceedings — there is no means test. This is one of the most important legal aid entitlements that survived LASPO 2012.
- Legal aid covers your solicitor's costs from the pre-proceedings stage through to the final hearing
- It covers expert assessments commissioned by your solicitor
- It covers appeals to the Court of Appeal if necessary
- Grandparents and other connected persons can apply for legal aid to be joined as parties
There is no reason not to have a solicitor in care proceedings. Contact us and we will connect you with a legal aid children law specialist immediately.
Your Rights Throughout the Process
- You are entitled to be a party to proceedings and to be heard at every hearing
- You have the right to see all evidence filed by the local authority (subject to redaction rules)
- You can instruct your own expert to provide an independent assessment (subject to court permission)
- You can propose a family member or friend as an alternative carer to the local authority's placement plan
- You have the right to appeal any final order to the Court of Appeal
- You can apply to discharge a care order if circumstances change significantly (s.39 Children Act 1989)
Frequently Asked Questions
What happens at the first care proceedings hearing?
The first hearing is often an Interim Care Order (ICO) hearing where the court decides whether the child should remain at home or be placed in local authority care while the full proceedings continue. Your solicitor will argue your case for the child to remain at home or for contact to be maintained. A CAFCASS officer also gives their initial view. The hearing is usually brief — 30–60 minutes — but its outcome significantly affects the following months.
Can I stop care proceedings once they have started?
Yes — proceedings can be withdrawn by the local authority if concerns are resolved, or the court can make a "no order" decision at the final hearing if it concludes that a care order is not necessary. Engaging cooperatively with the local authority's support plan, completing any required programmes (e.g., parenting courses, drug treatment), and demonstrating positive change all increase the likelihood of proceedings being withdrawn or concluded without a final care order.
Can grandparents or relatives apply to care for the children?
Yes. A local authority must consider "connected persons" — family members, friends, or anyone connected to the child — as potential carers before placing a child in foster care. A relative can apply to be assessed as a kinship carer (sometimes called a "connected person" foster carer) or apply for a Special Guardianship Order (SGO) or Child Arrangements Order. Legal aid is available for connected persons who apply to become parties to proceedings.
What is a Special Guardianship Order (SGO)?
A Special Guardianship Order (SGO) places a child with a special guardian (typically a grandparent or other relative) and gives the guardian enhanced parental responsibility that overrides the birth parents' parental responsibility in day-to-day decisions. An SGO is often preferred to adoption in kinship cases because it maintains the child's legal link to the birth family. The local authority must provide a report to the court before an SGO is made.
How long will care proceedings take?
Under s.32 Children Act 1989 (as amended by the Children and Families Act 2014), proceedings must conclude within 26 weeks from the date of issue. Extensions are only granted where necessary to resolve the proceedings justly. In practice, most cases resolve within 26 weeks, though complex cases with multiple experts or appeals may take longer.
Can I appeal a care order?
Yes. You have the right to appeal a final care order to the Court of Appeal. An appeal must be filed promptly — typically within 21 days of the order. You need permission (leave) to appeal. Legal aid covers appeal proceedings. Your solicitor can advise on whether there are grounds for appeal (usually an error of law, procedural unfairness, or a decision that was plainly wrong).