07 Mar 2025

Here at Rubin Lewis O’Brien, we have a team of specialist Family Solicitors who deal with Local Authority and Social Services involvement.  We will help you through the legal process and make it as stress-free as possible.

In our previous blog, I outlined the pre-proceedings stages of Social Services and Local Authority involvement.  In this blog, we have outlined in 5 simple stages, what happens when the Local Authority and Social Services make an application to the Court.

1. Application to the Court

If Social Services still believe the child is at risk, the Local Authority can apply to the Court for a Court order. The application will outline the reasons for the concern and what action the Local Authority think is necessary to protect the child.

Social Services can apply for two types of order, one is an interim care order which is an order that temporarily places the child in the care of Social Services. This does not necessarily mean the child will be removed from the parents or carers. Social Services will share Parental Responsibly alongside the parents or carers.

The second order which the Local Authority may apply for is a supervision order. This order imposes a duty on Social Services to ‘advise, assist and befriend’ a child. Essentially offering support and advice. The Local Authority do not share Parental Responsibility with the parents or carer.

2. First Hearing

Once the application has been made, the Court holds a Case Management Hearing, this is usually within the first 2 weeks of the application being lodged at the Court. At this hearing, the Court will decide the next steps and set out a timetable for the case. A children’s guardian will also be appointed, to represent the child/children in the proceedings.

3. Assessments

During the proceedings, Social Services will carry out an assessment of the child’s needs, the parents’ ability to care for the child and also on any alternative carer, who could look after the child, if the child is not able to be returned to the parent or carer’s care. These assessments are important in helping the Court decide on the best outcome for the child.

4. Second Hearing

This is known as an Issues Resolution Hearing. This hearing is aimed at resolving any issues prior to the final hearing. If all parties agree with the plan for the children, the proceedings may conclude at this hearing. If there is no agreement on the plan for the child, then the Court will look at what issues are still in dispute.

5. Final Hearing

The Final Hearing takes place once all the assessments and evidence is gathered. This is usually around 26 weeks (but it can be longer) from the start of the proceedings. The Court will consider all the issues and make a decision about the child’s future.

What decisions can the Court make?

At the end of care proceedings, the Court will make a decision that it believes is in the best interests of the child. Some of the possible outcomes include:

Care Order – This places the child into the care of the Local Authority, which takes responsibility for the child’s welfare. The child might be placed in foster care, with relatives or even at home with the parents or carer, with this order.

Supervision Order – The child remains with their parents or carer, but Social Services keep a close eye on the child to ensure their needs are being met.

No Order – The Court decides that no further action is necessary, and the child remains at home without any intervention from Social Services.

Care Proceedings can be a stressful and challenging time for any family, here at Rubin Lewis O’Brien we can help you navigate this process. If Social Services are involved with your family and you require assistance, please do not hesitate to contact us on 01633 867000 and ask to speak to a member of our Family Support Team who can help, or fill out this online form.