What are Care Proceedings?

If you’re expecting a visit from social services or have received paperwork about care proceedings you’re probably feeling anxious and confused. We will explain everything you need to know about your situation and how to respond. Care proceedings in Northern Ireland start when social services are concerned about the safety or well-being of a child and apply to court for a care order. A care order gives approval for social services to protect a child from harm in a variety of different ways.

Why do Social Services get involved?

Social services will usually get involved because they have concerns about a child’s welfare. This is typically because a school or nursery, healthcare professional, family member, neighbour or somebody else has raised concerns that have led to an investigation. Social services will investigate areas of concern such as:

• Abuse: A child is suffering the effects of physical, emotional, sexual or substance abuse.
• Neglect: A child’s medical, emotional or basic human needs are not being met.
• Illness: Parents or guardians are unable to look after a child due to physical or mental illness.
• Abandonment: A child has been abandoned or left alone for an extended period of time.

Remember that untrue and unwarranted allegations have to be treated just as seriously by social services as genuine cases. It’s important to get in touch with us for legal advice as soon as possible so we can guide you on the best course of action.

When you get in touch with our care proceedings solicitors as soon as social services become involved with your family, we can try to resolve the situation before it gets to court. But going to court is necessary in certain cases. This is what to expect of the care proceedings process in Northern Ireland.

Step 1. Pre-Proceedings Letter
You will receive a letter that details the concerns that social services have and any action taken so far to mitigate those concerns. It will invite you to attend a pre-proceedings meeting within seven days of receiving the letter. We can advise you on what to do and help you to prepare for the meeting

Step 2. Pre-Proceedings Meeting
The pre-proceedings meeting is an opportunity to put in place a plan that addresses social services’ concerns. We can represent you in this meeting and help to form a plan that brings the matter to an end at this stage. Our fees for the meeting will be covered by Legal Aid regardless of your income.

Step 3. Preparing for a First Hearing
If the case does go to court, you will need to prepare a response document. We can help you to write what you have to say about social services’ concerns and provide guidance so you can prepare for the hearing.

Step 4. Case Management Hearing
This is usually the first court hearing. The case management hearing will review the main details of the case, review the care plan for your child and set a timetable for the case. Again, we can represent you at the hearing.

Step 5. Issue Resolution Hearing
The next hearing is an opportunity to put in place a long-term plan that addresses social services’ concerns. If a plan can be put in place, the case will be concluded early. We will represent you and help to negotiate a plan that all parties will agree to.

Step 6. Final Hearing
If a plan isn’t agreed, the case will go to a final hearing. The court will make decisions on the best long-term care arrangements for a child, who the child should have contact with and how regularly, and whether a court order is needed to put those arrangements in place. Our legal support can be vital in shaping those decisions.

No matter what stage in the care proceedings process you’re currently at, we can help you. The sooner you get in touch, the more options we have available.

We’re experienced family law solicitors with strong experience of helping parents facing the tremendous stress of care proceedings in Northern Ireland since 1993. We will take a calm, collaborative and practical approach to find the best outcomes for your individual circumstances.

The head of our family law department is an experienced practitioner who is a member of both the Northern Ireland Children Order Panel and the Northern Ireland Guardian ad Litem Panel, a select group of family law practitioners with the experience required to deal with the most complex of public law cases.