If the Local Authority have become involved with your family and they believe that your child/children have suffered or are likely to have suffered harm, then they may make an application to the Court.
The Local Authority will provide the Court with an application (C110A Application) and documents prepared by your child/children’s Social Worker. This will detail what they feel the concerns are, why Care Proceedings are necessary and what temporary Orders they are asking the Court to make.
As a biological parent or as someone who has parental responsibility for the child/children you will be entitled to a copy of the documents filed at Court and you will be party to the proceedings. You would also be eligible for Legal Aid to instruct a solicitor if you wish.
In some cases, the Local Authority may apply for an Interim Care Order from the Court. This Order will allow them to share parental responsibility with you for your child/children. This will only last for the duration of the proceedings, which should be 26weeks. At the Hearing where the Interim Care Order is made the Local Authority may also argue that the risks at that time mean that the children should not live with you. Therefore, decisions will also be made around where the children will live and what contact they will have to their family during the proceedings.
You will be entitled to argue against the making of an Interim Care Order and the removal of your child/children either yourself or through a solicitor if instructed. Either at this initial hearing or at the following Case Management Hearing directions will be approved by the Court. These directions will set out the timetable for assessments of you and any alternative carers, who are family members or close friends that could care for the child/children if you cannot. There will also be directions for any expert reports, statements or disclosure such as medical records.
The Court will also set out the further Court dates. The amount of Hearings will vary depending on the facts of the case and there maybe application made during the proceedings to bring the matter back to Court to deal with a specific issue.
The Hearings that will always be set at the start are the Issues Resolution Hearing (IRH) and the Final Hearing, which could be over several days.
Following the first Court Hearing it is very important that you engage with professionals so you are able to show that the concerns that the Local Authority have are being reduced. Working openly and honestly allows the Local Authority to properly assess you and for you to show the progress you are making. In some cases, you are able to show where the Local Authority have got it wrong.
It is also very important that you keep in touch with your solicitor. Not only will they need to meet with you to prepare your statements and gather your evidence, they will also be there to advise you throughout the case and deal with any issues that come up, such as contact.