What Are Care Proceedings?
Care proceedings are legal proceedings brought by a local authority in the Family Court when they believe a child is suffering, or is likely to suffer, significant harm. The proceedings determine whether a court order is needed to protect the child and, if so, what order should be made.
Care proceedings are governed by Section 31 of the Children Act 1989 and are among the most serious decisions in family law—they can result in children being removed from their parents' care.
The Threshold Criteria
Before the court can make a care or supervision order, it must be satisfied that the "threshold criteria" are met:
Section 31(2): The child is suffering, or is likely to suffer, significant harm; and 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.
Key Elements
- Significant harm: Harm that is more than minor or transient
- Is suffering or is likely to suffer: Current or future harm
- Attributable to care: The harm is caused by parenting, not other factors
- Not reasonable to expect: Below the standard of reasonable parenting
The 26-Week Time Limit
Care proceedings should be completed within 26 weeks from issue. This time limit was introduced by the Children and Families Act 2014 to reduce delay, which is harmful to children.
Extensions are possible but only where necessary to enable the court to resolve the proceedings justly.
Stages of Care Proceedings
1. Issue
- Local authority files application with the court
- Initial evidence bundle submitted
- Court considers whether to make interim orders
2. First Hearing (Day 1-3)
- All parties attend
- Children's Guardian appointed (usually)
- Interim care arrangements considered
- Directions given for the proceedings
- Timetable set
3. Case Management Hearing (CMH)
- Usually around Week 12
- Review of assessments and evidence
- Identification of issues
- Expert evidence considered
- Further directions
4. Issues Resolution Hearing (IRH)
- Usually around Week 20
- Narrow down disputed issues
- Consider whether case can settle
- Prepare for final hearing if needed
5. Final Hearing
- Week 26 (or as directed)
- All evidence heard
- Witnesses cross-examined
- Final decision made
- Orders issued
The Social Worker's Role
At Issue
- Prepare initial evidence
- Complete threshold document
- Prepare care plan
- Brief legal team
During Proceedings
- File statements as directed
- Update assessments
- Attend court hearings
- Work with the Children's Guardian
- Continue direct work with the family
- Maintain records
At Final Hearing
- Give oral evidence
- Be cross-examined
- Present final care plan
- Respond to questions from the judge
Document Your Court Work
SpeakCase helps you maintain detailed records throughout proceedings—supporting clear, accurate court statements.
Try Free for 7 DaysParties to Proceedings
The Local Authority
Brings the application and has the burden of proving threshold. Represented by a solicitor and often counsel.
Parents
Automatically parties to proceedings. Entitled to legal aid and legal representation.
The Child
A party to proceedings, represented by a Children's Guardian (from Cafcass) and a solicitor.
Other Family Members
May apply to be joined as parties, especially if being assessed as alternative carers.
Interim Orders
While proceedings are ongoing, the court may make interim orders:
Interim Care Order (ICO)
- Gives the local authority parental responsibility (shared with parents)
- Allows removal of the child if necessary
- Usually renewed every 4 weeks
Interim Supervision Order (ISO)
- Child remains at home under local authority supervision
- Requires family to cooperate with supervision
Possible Outcomes
No Order
The court may decide that no order is necessary, either because threshold isn't met or because the child's welfare doesn't require an order.
Supervision Order
The child remains at home with parental responsibility unchanged, but the local authority has a duty to advise, assist, and befriend the child. Lasts up to 12 months (can be extended to 3 years total).
Care Order
The local authority acquires parental responsibility (shared with parents). The child may live at home or in care. Lasts until the child is 18 unless discharged earlier.
Special Guardianship Order
Parental responsibility is given to a special guardian (often a family member). Parents retain parental responsibility but it can be limited.
Placement Order
Authorises the local authority to place the child for adoption. Made alongside or after a care order.
Working with the Children's Guardian
The Guardian is appointed to represent the child's interests independently. They will:
- Investigate the case thoroughly
- Meet with the child and all parties
- Review all documentation
- Provide an analysis and recommendation to the court
As the social worker, you should:
- Cooperate fully with the Guardian
- Share information openly
- Facilitate their contact with the child
- Discuss concerns or differences professionally
Common Challenges
Meeting Timescales
26 weeks is tight. Good case management and timely completion of tasks is essential.
Parallel Planning
You may need to pursue multiple plans simultaneously (e.g., reunification and alternative permanent placement) to avoid delay.
Family Finding
Identifying and assessing potential carers (connected persons) takes time. Start early.
Expert Evidence
Court directions about expert assessments must be followed. Delays in expert reports can delay the whole case.
Conclusion
Care proceedings are complex and high-stakes. Understanding the process, your role, and the legal framework helps you work effectively within the system. Throughout proceedings, the child's welfare remains paramount—every decision and action should be focused on achieving the best outcome for the child, within their timescales.