Fathers and care proceedings

The law sets out when children’s services may make an application to the Family Court to start care proceedings. This is in section 38 of the Children Act 1989. It says that children’s services may only start care proceedings if they have good reason (‘reasonable grounds’) to believe a child is:

1. Suffering significant harm, or is likely to suffer significant harm, and
2. That is because either:

• • The care a parent is giving to the child is not what it would be reasonable to expect a parent to provide (see section 32(1)(b)(i))
  • Or the child is beyond their parents’ control (see section 32(1)(b)(ii)).

But 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, 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 necessary. See the Urgent protection of children section on our Care (and related) proceedings page for more information.

If a father has parental responsibility, he will automatically:

• Be a party to the proceedings. This means he will receive a full copy of all the court documents, and details of court dates and times.
• Be entitled to non means and non-merits tested legal aid. This means legal advice and representation in the care proceedings is provided without the father needing to pay.

A father in this situation will:

• Not automatically be a party to proceedings
• Receive notice that care proceedings have been issued (started) and the first court hearing date
• Usually be made a party to the proceedings by the court at the first hearing. This is known as being ‘joined’ to the proceedings. A solicitor can help with this.

A father who becomes a party to care proceedings will then be able to see take part fully. This includes seeing all the court papers. He will be entitled to legal aid to get free legal advice.

• Get urgent legal advice from a solicitor who is a specialist in children law.  Or who has Children Law Accreditation.  To find a solicitor, search using the ‘how to find a solicitor’ function on the Law Society website.  See our Working with a solicitor guide on our Top tips and templates page for more information about finding  a solicitor
• See our Care (and related) proceedings page for more information about what happens during care proceedings. This includes an easy to use table explaining who is involved in care proceedings and more about legal aid.
• Can post a question for one of our expert advisers on our Parents Forum, and if needing further or more detailed advice
• Contacts us – call Family Rights Group’s specialist legal and practice advice line on 0808 801 0366 (the advice line is open Monday to Friday, from 9.30 am to 3 pm excluding bank holidays).

A good way to do 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. A father doesn’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.

If care proceedings have started, or about to start, fathers should discuss with their solicitor and child’s social worker who in the family might be able to support them as soon as possible. They should say who in the family might be able to offer care for the child if this help is needed. This could be short term care. Or it could be longer term if their child cannot return home.

Relatives 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. Options include:

• Contacting the child’s social worker directly if their name is known. The child’s parent may be able to provide this information and contact information for the social worker
• Asking the parent(s) to let their solicitor or the child’s social worker know
• Contacting children’s services via phone, email, or letter. The contact information should be available on the local council website or from directory enquiries
• Contacting the children’s guardian or the child’s solicitor if their details are known
• Writing to the court dealing with the case – if the family members is aware of the details. Or if the situation is urgent and there is a court hearing about to take place, the family member can attend court themselves.

See our Kinship carers page for Information and advice about the different ways wider family and friends may raise children unable to live with their parents.