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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). Or you can ask us a question via email using our advice enquiry form.
Are you a parent, kinship carer relative or friend of a child who is involved with, or who needs the help of, children’s services in England? 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). 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 has template letters, advice sheets and resources about legal and social care processes. On Monday and Wednesday afternoons, you can use our webchat service to chat online to an adviser.
Children’s services should not issue care proceedings without trying to first work with a family to keep their child safe. And if children’s services do decide to apply to start care proceedings, they will have to show the Family Court what has already been done to support the parents to resolve their concerns.
In an emergency situation, children’s services can go straight to the Family Court to seek urgent orders to protect the child. But this should not be the norm. It should only happen where it is really necessary. See our Urgent protection of children section for more information.
Pre-proceedings process
Pre-proceedings is the period of time and process where children’s services consider whether to start care proceedings. To start a pre-proceedings process children’s services must send a child’s parents a letter before proceedings to start the process.
The letter should also be sent to anyone else who has parental responsibility for the child. The letter should include:
It is important for parents to attend the meeting and find a solicitor specialising in children’s law to go with them.
Explore the wider family and friends network
The general legal duties on children’s services mean that they should aim to keep children safe, well cared for and, at home unless this would place them at risk (see section 17 Children Act 1989).
This means that during pre-proceedings children’s services should:
A good way to do all this is with a family group conference. This is a family-led decision-making meeting. It brings together the whole family, and others who are important to the child. Together, at the family group conference, they make a plan for the child. Parents don’t have to wait for children’s services to suggest this. They can ask for a family group conference to take place. See our Family group conference: advice for families page for more information.
During pre-proceedings, children’s services may assess things have improved and the child is safe. In that situation they should explain in writing that there is no need for care proceedings. Ongoing support may be provided. If they remain worried the child is not safe at home, children’s services will hold a legal planning meeting to then decide whether to start care proceedings.
Hold a legal planning meeting
This is a meeting held between the social work team and their legal department. They discuss whether children’s services should apply to start care proceedings. The social workers and lawyers will need to decide what action they should take in the child’s best interests. To do this they should look at all the information available about the child’s situation.
The options that are usually discussed at a legal planning meeting include:
Letter of issue
If children’s services decide to start care proceedings they must promptly send the parents a letter of issue. This tells the parents what is happening. It should advise the parents to seek legal advice. And explain what will happen next.
Parents and those with parental responsibility for the child subject to care proceedings will not have to pay solicitor’s fees if they show this letter of issue to a solicitor.
See our Pre proceedings page for more detailed information and advice about the pre-proceedings process.
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