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Care Proceedings

Services

About The Service

Care Proceedings

When your child is the subject of court proceedings or the Children Act 1989 threshold test has been met, it can be an immensely stressful time. At Powell Spencer & Partners our specialist family law team provides dedicated support on care proceedings, public law cases, and child protection matters — whether you are a parent, carer, or a child looking for representation.

What Are Care Proceedings?

“Care proceedings” (in England & Wales) arise when a local authority’s children’s services believe a child is suffering, or is likely to suffer, significant harm and may initiate a court application for a Care Order or Supervision Order under the Children Act 1989. 

These are public law proceedings in the Family Court. 

Typical features include:

  • A “pre-proceedings” stage (under the Public Law Outline) to try to avoid court. 

  • Interim orders (such as Interim Care Order) while the case is ongoing. 

  • A target of completion within 26 weeks (six months) for many cases. 



Why Choose Us for Care Proceedings Representation?

  • We are accredited specialists in children law and have extensive experience in representing parents, carers and children in care proceedings.

  • We provide clear legal advice and strategy on threshold issues (risk, welfare, significant harm), evidence, court hearings and your rights throughout.

  • We act quickly — early legal input can make the difference in resolving proceedings, protecting your family’s future and safeguarding your rights.

  • We help with legal aid eligibility, funding enquiries and provide compassionate support during what can be a traumatic and complex process.


Our Care Proceedings Services

Advice & Representation for Parents or Carers

If you are notified that the local authority is considering or has begun care proceedings involving your child, we can assist you from day one: explain the process, help you understand the letter before proceedings or letter of issue, represent you at hearings, and work to safeguard your parental rights. 

Child’s Rights Representation

If you are a child or young person involved in care proceedings, we can ensure your views are heard, advise on the role of CAFCASS, and represent your interests independently.

Challenging or Defending Care Order Applications

We assist when the local authority applies for Care Orders, Supervision Orders, Placement Orders or Adoption Orders — providing robust legal strategy, negotiation and court preparation.

Related Work: Special Guardianship Orders & Kinship Carers

We support kinship carers and prospective special guardians navigating the family court process, including when a child may be removed from parental care and placed with family.

✅ Legal Aid, Funding & Support

Most care proceedings are funded by legal aid for parents or carers. We advise on your funding options, eligibility and can help with means and merits assessments. 


Key Considerations & What to Expect

  • Prompt action is critical: If you receive a letter before proceedings from the local authority or notice of care proceedings, seek legal advice immediately. Time and deadlines matter.

  • Evidence and threshold: The court must be satisfied the threshold of ‘significant harm’ is met. 

  • Interim orders: The court may impose interim orders which affect where the child lives and contact arrangements while the case continues. 

  • Final orders: If the court is satisfied the threshold is met, it may grant a Care Order or Supervision Order, or consider alternative routes such as adoption or special guardianship. 

  • Timescales: The aim is to complete care proceedings within 26 weeks, but complex cases may take longer. 


Our Process

  1. Initial consultation – fast, full assessment of your situation: risk of removal, local authority involvement, legal aid eligibility.

  2. Strategy planning & evidence gathering – we advise on what documents and reports are needed, how the threshold is applied, and help you engage with social services.

  3. Representation at court – we attend hearings, negotiate with local authority and other parties, represent you at Final Hearing and any appeals.

  4. Post-hearing support – we advise on next steps, rights to contact, how to challenge or vary orders, and related family law matters.

Contact Our London Care Proceedings Solicitors If you are facing care proceedings, contacted by children’s services or seeking advice on a child protection application, please contact our specialist team today.Secure expert representation that protects your rights and puts your child’s welfare at the heart of the process.

FAQs – Care Proceedings UK

Q: What happens if I ignore a letter before proceedings from children’s services?

A: Ignoring it increases risk of the local authority applying for a Care Order; early legal advice can influence the process before court issues.

Q: Can I still pay privately for representation in care proceedings?

A: Yes — but you will often be eligible for legal aid, meaning advice and representation may be available at no cost if you meet eligibility.

Q: Can I apply for contact with my child if they are removed under care proceedings?

A: Yes — your solicitor can apply for contact arrangements during and after the proceedings and you have the right to be heard on this issue.












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