Care proceedings can be a particularly stressful time for families. At Curling Moore Solicitors & Advocates we have extensive experience representing parents and wider family members who may be involved in the care of the children.

If the Local Authority are worried about a Child’s welfare, they can start “Care Proceedings”. Before taking this action, the Local Authority will try where possible to keep children with their parents (or those with parental responsibility).

If you have been invited to attend a meeting with the Local Authority about the care of your child, or notified that you must attend court, it is vital that you contact us immediately to obtain legal advice and arrange representation. The sooner you call us, the sooner we can offer you the advice and representation you need.

We offer representation to mothers, would be mother, parents, grandparents, and children. We are Children Panel Accredited lawyers which means we are specialists in court proceedings where social services are involved, and we are recognised as experts in our field.

Our Child Care Solicitors represent Guardians and children in care proceedings.

Care proceedings can be a particularly upsetting and unsettling time for children who may feel that their voices are not being heard by the adults involved. CAFCASS Guardians perform a very important role ensuring that the children’s interests are represented independently from their parents and are in the forefront of the court’s mind when plans are being made for their future. The Guardian makes recommendations to the court setting out what they feel is in the child’s interests at all stages of court proceedings.

We can represent Parents, Guardians and Family Members

We specialise in advising and representing parents, children (either directly or through their court-appointed Guardian) and other family members in all aspects of child protection work. If social workers are worried about a child’s welfare it is important to get expert legal advice as early as possible to help you understand the issues, procedures and to decide how best to deal with the situation, both before and during court proceedings. 

If child protection proceedings (known as Care Proceedings) are already underway, you may need to act quickly, and our accredited specialist lawyers can offer urgent advice and take urgent steps where needed.

Our Solicitor’s Expertise

We work with all kinds of families and on all sorts of cases including:

• Where there are allegations of physical, sexual, or emotional abuse.
• Complex medical cases (including allegations of physical injury such as shaken baby syndrome and cases where the effects of undiagnosed medical conditions might be confused with signs of abuse).
• Where parents have learning disabilities, mental health problems or addiction to alcohol or drugs.
• Where parents are alleged to have neglected their children.
• Where children have disabilities or psychiatric illness.

Options Available

We have extensive experience and can advise parents, children, and other family members on all aspects of child protection including:

• Care Orders and Emergency Protection Orders
• Supervision Orders
• Deprivation of Liberty and Secure Accommodation Orders
• Placement Orders
• The PLO processes
• Child protection conferences and reviews
• Child in Need and Child Protection Plans
• Where the child is about to be or has been taken into care
• When family members are caring for a child or wish to care for a child who is in care or is about to be taken into care
• When an adult is seeking contact with a child in care or wishes for a child to be returned to their care
• Where the child may be placed for adoption, or a child has been placed with prospective adopters who are applying for an Adoption Order.

If you are a parent involved in care proceedings, you will be entitled to free legal advice and representation. This is called Legal Aid and it may also be available to other family members. In certain circumstances where family members are not entitled to legal aid, the Local Authority may be willing to fund your legal advice.

Different types of Order/s

The main types of orders which the court may make if there are concerns about a child’s welfare are as follows.

Emergency Protection Order

If the Local Authority is concerned that a child’s welfare has been compromised and that the child may be at immediate risk of harm, they can initiate Emergency Protection Order (EPO). To obtain such an Order, the Local Authority has to prove that there is reasonable cause to believe that the child is likely to suffer significant harm if he/she is not removed to accommodation provided by and on behalf of the Local Authority or does remain where he/she is. It may also apply for an EPO on the grounds that the local authority is conducting an enquiry and it is being frustrated by parents or caregiver e.g., access to the child is being unreasonably refused.

Supervision Order

This order means that a Local Authority must advise, assist, and befriend a child. A Supervision Order does not grant the Local Authority parental responsibility. The Local Authority, under a Supervision Order, must offer support and advice to families on how they can address the concerns social services may have about a child.

Care Order

The effect of a Care Order is that the Local Authority shares parental responsibility for a child(ren), and they can then make decisions about the care of the children, whether they are in foster care or in a children’s home. The Local Authority should continue to consult parents regarding the children’s education, religious upbringing, and medical treatment. 

We can assist parents or family members who oppose the orders applied for by the Local Authority. Our experienced childcare lawyers can offer swift and effective advice to parents involved in these types of proceedings. We endeavour to provide a friendly and approachable service whilst offering a practical approach to ensure the best outcome for our clients. We understand that this is a difficult and traumatic time for parents and family members and that it is important to feel supported by your solicitor. These proceedings can be confusing and overwhelming. Here at Curling Moore Solicitors & Advocates we aim to provide clear and concise advice eliminating the legal jargon.

Special Guardianship Order

This order is required if somebody other than the parents are to take responsibility for a child until they reach the age of 18. With this order, a Special Guardian shares the parental responsibility with the parent but has the power to have the final say on all decision making for the child. Grandparents and other immediate family members usually apply for this order when children are not provided with sufficient care from their parents. The rules regarding this order are quite complex, so getting expert legal advice is an absolute must. Advice and assistance are available to all family members should they wish to be responsible for the care of the child as an alternative to being placed in foster care.