What helps parents to participate in care proceedings and prepare for a final hearing?

During care proceedings, it is important for parents to stay in regular contact with their solicitor. But this is very important before a final hearing.

Parents may find it stressful or upsetting to read some of the documents included in the court bundle. But it is important that parents know what has been said and written by others involved in the case.

Parents should be able to go through the papers with their solicitor. Their solicitor can explain anything that is not clear.  Parents may want to read some key papers before meeting with their solicitor. For example, key assessment reports and the care plan and social work statements. Noting down questions or views in response can be helpful. This could be on paper, in an email or in a voice note.

Things that it may be useful for parents to think about include:

• Anything they have done to address the concerns of children’s services. This could be a course, counselling, making a lifestyle change for example
• What in the papers they do not agree with or would like their solicitor to ask for more information about
• What they think the best long-term care arrangement for the child is. This includes who the child should live with but also
• Who they should have an ongoing relationship with and stay in touch with. And in what way.

If the parent has a disability, they must be supported in being able to understand what is in the documents. This could be, for example, having the help of an advocate or large print text, depending on the disability.

See our Working with a solicitor guide on our Top tips and templates page for advice about what parents should be able to expect when working with a solicitor.

If a parent’s first language is not English, they should tell their solicitor about this as early as possible.

This is so the solicitor can:

• Get documents translated into the parent’s language
• Arrange for an interpreter to come to meetings
• Tell the court that an interpreter will be needed for the parent at all court hearings.

At times, parents may find it hard to participate in meetings organised by their child’s social worker and others. This includes meetings that take place while care proceedings are ongoing. A parent or carer who feels like this may find it easier if they are supported by an advocate.

An advocate is usually someone independent who can help a parent or carer have their voice heard when plans or decisions are being made about their child. A supporter could be a friend of the family who is not directly involved in your current situation. That person can come to meetings and help them say what they would like to say.

An advocate can help a parent to:

• Prepare for meetings with social workers
• Ask the social worker questions
• Speak up and help get their point of view across
• Reach agreements/negotiate with social workers
• Challenge social workers or others (in a constructive way) if mistakes have been made or what they are saying is not agreed with
• Remember what was said and agreed at a meeting and help plan what to do next
• Support a parent in meetings with their solicitor.

Parents or carers who want to bring an advocate to a meeting with children’s services may want to visit our Top tips and templates page to:

• Read our guide to Working with an advocate, and
• Use the Requesting an advocate template letter to write to children’s services.

Where meetings with children’s services are taking place remotely (online) careful arrangements should be in place. This is so parents and carers can fully take part. This includes making sure they have access the right equipment to participate. And ensuring they are confident in using it.

Disabled parents and carers

Further adjustments that may needed if a parent or carer has a particular health need or a disability. Public bodies must make ‘reasonable adjustments’ when providing services to disabled people. This is to ensure they are not put at ‘substantial disadvantage’ (see section 20 of the Equality Act 2010). A substantial disadvantage is something more than just minor. This can include making adjustments in meetings to make sure a disabled person can fully take part. Children’s services and the Family Court are both public bodies.

Adjustments that may need to be looked at include:

• The need for some in person support. Such as an interpreter or advocate
• Where in person support is not possible, for a separate virtual meeting space (‘breakout room’). This allows the parent or carer to speak privately with any interpreter, advocate or supporter away from the main virtual meeting room
• Ensuring there is good IT support in place before the meeting.

The Family Court should be told at a very early stage if a parent has a physical illness or disability. This is the responsibility of their solicitor. It will be helpful for the parent to work with their solicitor to think through what may need to take part fully. At a hearing early on, the court should then work through what support must be in place and how it is to be funded (see paragraph 3 in the Court of Appeal decision in Y (Leave to Oppose Adoption), Re [2020] EWCA Civ 1287).

See our Adult mental ill-health and Adult physical ill-health and disability pages for further information about equality laws and reasonable adjustments.

Parents and carers can ask their child’s social worker and their solicitor about advocacy support but may not have a right to this.

Parents or carers who want to bring an advocate to a meeting with children’s services may want to visit our Top tips and templates page to:

• Read our guide to Working with an advocate, and
• Use our Requesting an advocate template letter to write to children’s services.

Physical disability

A physically disabled parent or carer may need adjustments to be made to help make sure they can participate fully. What is a reasonable adjustment will depend on the situation. And the specific condition or disability.

Common examples of reasonable adjustments where a parent has a physical disability include:

• Ramps and wheelchair access to premises
• Properly qualified interpreters, to enable the disabled person to use their language of choice
• Advocates for disabled parents
• Information being provided in an accessible format
• Equipment such as induction loops or large print information.

Mental ill-health

A parent with a mental health condition, including one which is classed as a disability may also need extra help to make sure they can properly and fully take part in meetings and hearings during the care proceedings.

This may include:

• Having an advocate to support them in meetings with their solicitor
• Having an advocate to support with them at meetings with children’s services.

See our Adult mental ill-health and Adult physical ill-health and disability pages for further information about equality laws and reasonable adjustments.

The Family Court should be told at a very early stage if a parent has a disability, condition or illness which is relevant to how they participate in court hearings and the court process.  This is the responsibility of their solicitor. It will be helpful for the parent to work with their solicitor to think through what may need to take part fully.