Public law care proceedings usually arise when a local authority (usually social services) becomes concerned with the wellbeing and safety of a child. Depending on the circumstances they may become involved with the family concerned and may initiate court proceedings.
Care Proceedings is when the Trust seeks approval from the court to protect the child from suspected harm. They will make an application to the court called a ‘Care Order’.
-When a Trust raises issues about child protection it is understandable that disputes can arise. The court’s will be the final arbitrator in resolving care disputes.
-Our solicitors will advise and represent parents/guardians while helping to protect the child’s rights at all times.
-We will explain the legal complexities in the care proceedings to you in a way that is simple and easy to digest.
At P.A.Duffy and Company our ultimate goal is to resolve any dispute and get a positive outcome for you which is in the best interests of the child.
What if the parents and local authorities cannot come to an agreement?
In these circumstances the case may be listed for a final hearing. The judge will firstly consider if a Care Order is necessary to protect the welfare of the child. If the Court decides that a Court Order is required, they will then determine where the child will live.
The Court may consider various final orders. We have broken them down below:
-Care Order: The Trust gains parental responsibility for the child until they are 18 years old.
-Supervision Order: The appointed social worker is given the legal authority to be in close contact and monitor the child’s needs and progress whilst the child lives at home or somewhere else.
Foster Placement/Kinship foster placement: The child lives with someone else (foster parent) who can provide them with a secure and long-term living environment as they can no longer live with their biological parents.
Adoption Order: application made by the Trust for the child to be formally adopted by foster parents on a permanent basis. The biological parents will no longer have parental responsibility after an adoption order has been granted but they may be entitled to some contact with the child.
At P.A.Duffy and Company our specialist family law solicitors provide legal advice and representation if a local authority has raised concerns about a child’s safety under the care of their parent or guardian.
Our Family Law team promise to handle your case with great sensitivity, and we will hold the child’s best interests as our main priority.