“Social Services want to make a Care Order for my son.  What does it mean?”

 

Each week we are taking questions from our clients and contacts.  This week Miss Shorter from Sheffield asked the above.

Martyn Wood, Head of our Child Care and International Child Abduction answers:

“If Social Services (the Local Authority) decide they must intervene with a family to ensure the safety of a child, they may begin Court proceedings. 

This is called ‘Public Law Proceedings’ or ‘Care Proceedings’.  This only happens if Social Services/Local Authority have tried to assist in making things safer for your child but feel that this has not worked. 

In some cases it may be that there isn’t sufficient time to assist the family because of safety concerns and proceedings can then be issued quite quickly.

In some cases, if there is an immediate risk to a child, the police can remove the child under a Police Protection Order. This order lasts for up to 72 hours, during which time the Court can then grant an Emergency Protection Order (EPO) for up to 8 days.

 

The 3 main types of Orders that Social Services may ask the Court to make are as follows:-

 

• Care Order –A Care Order grants the Local Authority parental responsibility for the child. This means that they can be involved in the child’s education, healthcare, and general upbringing. In some cases, the child may remain at home, but decisions such as schooling or medical care may be taken by the Local Authority instead of the parent(s). In other cases, the child may be placed with foster carers or family members.

 

• Supervision Order – This doesn’t give Social Services any decision making authority but ensures that the Local Authority have the ability to advise, assist and befriend where necessary whilst the child remains in your care

• Special Guardianship Order – A Special Guardianship Order (SGO) is typically used when the child is being looked after by a family member or close friend instead of their biological parents. It allows the special guardian to make most decisions about the child’s welfare independently, offering a more permanent solution than a Supervision Order.

 

Seeking urgent Legal advice

 

Before any of the above Orders can be made the Court must be satisfied that the child has suffered, or is at risk of suffering harm due to the care they are currently receiving.

It is important that you seek urgent legal advice in relation to your son and the current Court proceedings. Legal Aid is available for parents involved in Care Proceedings, subject to financial eligibility. We can assess your eligibility for funding to ensure you have legal representation throughout the process.

Please contact our Child Care and International Child Abduction Department on 0114 3583134 as soon as possible or email us via our contact page to ensure you obtain legal advice and representation at any upcoming Court hearings.