How to contact us for advice
We provide advice to parents, grandparents, relatives, friends and kinship carers who are involved with children’s services in England or need their help. We can help you understand processes and options when social workers or courts are making decisions about your child’s welfare.
Our advice service is free, independent and confidential.
To speak to an adviser, please call our free and confidential advice line 0808 801 0366 (Monday to Friday 9.30am to 3pm, excluding Bank Holidays). For Textphone dial 18001 followed by the advice line number. Or you can ask us a question via email using our advice enquiry form.
Our online advice forums are an anonymous space where parents and kinship carers (also known as family and friends carers) can get legal and practical advice, build a support network and learn from other people’s experiences.
Our get help and advice section describes the processes that you and your family are likely to go through, so that you know what to expect. Our webchat service can help you find the information and advice on our website which will help you understand the law and your rights.
Read on for easy to follow information about each of the main stages.
The lawyer for children’s services will send the application to the Family Court. At the same time, or very soon after, children’s services must let the court have supporting documents. Open or download this table which explains more about this.
When an application is received, the court will decide whether it is best for Magistrates or a Judge to deal with the case. To do this, the court must look at guidance about where different types of cases should be heard. This is called allocation guidance.
Our Ten big questions about care proceedings which explains more about Who makes decisions in the Family Court.
Appoint a children’s guardian. This is an independent social worker. They do not work for children’s services. Their role is to represent the interests of the child through the care proceedings. And to provide recommendations to the court about what is in the child’s best interests The Guardian will then choose a solicitor for the child. See Who is involved in care proceedings? table for more information about the role of the guardian and the child’s solicitor.
The court will usually want to complete care proceedings in 26 weeks. But more time can be allowed if it is needed to make sure things are dealt with fairly. An extension can only be for eight weeks. But there can be more than one extension. If a party thinks the case needs to take longer than 26-weeks they will be able to make an application to the court for an extension.
There are some cases that don’t have to follow a 26-week timetable. A case which will involve gathering information from another country is one example.
What the courts have said about case management
The Court of Appeal has said that the 26-week timetable rule ‘is not, and must never be allowed to become, a straightjacket’. This means it is important that the timetable that the court sets for a case is the right and fair for that case. See the case of M-F (Children) [2014] EWCA Civ 991 at paragraph 26). So if more time is needed to make sure assessment work is properly and fully done an application should be made to extend the timetable.
What working out the timetable for a case includes:
The court will also note down key dates for the child. For example, their birthday, important school dates and any looked after child review meetings or other key meetings with children’s services.
Having a timetable helps to make sure that parents, carers and children know when final decisions will be made. And when different kinds of information (evidence) should be shared.
What else will the court look at – what is agreed, what is not
The court should look at what the issues are in the case. This involves seeing if there is agreement about what should happen for the child until the final hearing. This should include finding out if there is any agreement about:
This is an important hearing that will shape what happens in the proceedings and when. It will be important for parents involved in care proceedings to work closely with their solicitor and keep in regular contact with them. For tips and information to help with that see our Working with a solicitor guide on our Top tips and Templates page.
Parents should discuss with their solicitor and social worker who in the family might be able to support them as soon as possible. Family members who may be able to offer care for the child should share this information as soon as possible. How this can best and most quickly be done will depend on precise situation.
A family group conference can be a good way to find out how family and friends can help. This is a family-led planning meeting which brings together the whole family, and others who are important to the child. Together they make a plan for the child. Children’s services may suggest that a family group conference takes place. But parents and carers can also request this. See our Family group conference: advice for families page for information.
The Issues resolution hearing is used to see whether the parties can reach agreement on long-term plans for the child. This includes:
If the parties do not agree on the plan for the child, the hearing will be used to work out exactly what issues the court needs to decide.
Before the Issues resolution hearing:
The parents’ solicitor should meet with the other lawyers in the case. This is known as an advocates’ meeting. The aim of the meeting is to agree what needs to be looked at during the issues resolution hearing. And to if it is likely the case can finish or if a final hearing will be needed.
Will there need to be a final hearing?
If the parties agree about what is best for the child, the issues resolution hearing might be the last hearing. If the parents or children’s guardian do not agree with the care plan children’s services have drawn up a date will be set for a final hearing. How long a final hearing will last will depend on how much is agreed about the plans for the child. And on how many people are involved in the case.
It is very important for a parent to stay in contact with their solicitor and to go through all of the court paperwork before the issues resolution hearing.
Put their written statement together explaining their views about what is best for their child and why. And what decision they would like the court to reach about their child’s future. The parent’s solicitor will help them to write this statement.
If things have not been agreed at the issues resolution hearing, a final hearing will take place.
At the final hearing, the court will have all the relevant paperwork about the case. This will include statements from everyone involved, assessment reports and the final care plan for the child. The judge or magistrates dealing with the case should have all the relevant documents about the case. These will have been put together in one file called the court bundle. This could be an electronic file or a hard copy. All the parties will have a copy of the bundle.
1. Oral evidence
The court is likely to hear oral evidence from some or all of the parties. And may need to hear from any experts who did assessment work with the child or their family. Oral evidence is the chance for the different people involved in the case to be asked questions. They can then explain their point of view or their recommendations. So, parents or carers may have to speak in court and answer questions. Their lawyer should let them know if this is going to happen and explain what is involved.
2. Submissions
Towards the end of the hearing, the parties’ lawyers will make speeches to the judge. These are called submissions. It is a chance to explain again what each party involved in the case thinks is best for the child and why. And highlight to the judge what the most important information and evidence in the case has been.
3. Judgment
If the case has been heard by a judge, they will give their decision in a judgment. This is a speech in which the judge summarises all the key information about the child and family. In it the judge explains the evidence they have listened to and considered. It states what decision the Judge has reached. And the reasons for their decision.
The judge will usually give their judgment verbally. But a copy may also be provided to the parties in writing. After hearing the judge may publish their judgment online. If they do this, they will change the names of the family members and children involved so no one knows who the case is about.
4. Magistrates Reasons
If the care proceedings have been dealt with by magistrates then they will give their decision in writing in a document called Justices Reasons. A copy of the Reasons should be given to all of the parties.
Once the judgment (or Reasons) is given, parents will be able to talk to their solicitor about what has been decided and what it means for the child and their family.
Children’s services departments have a range of legal duties to make sure children looked after in the care system are well cared for. They have duties to ensure parents and other important family members are consulted about key decisions concerning the child. These duties apply whatever the reason a child has come to be looked after.
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