Having a child taken into care is deeply upsetting for any parent, and the uncertainty about what happens next can make the situation even harder. Usually, the local authority becomes involved when there are concerns that a child may be at risk of harm such as abuse, neglect, or unsafe living conditions.

Here, the child care solicitors at Switalskis explain how this process works, and what we can do to fight your corner.

When can the local council take a child into care?

If there are concerns about a child’s safety or day-to-day care, the local council may look into the situation and decide what support or protection may be needed. This can happen for a range of reasons, including:

• Ongoing concerns about physical, emotional, or sexual abuse.
• Neglect or a failure to meet a child’s basic needs.
• Mental illness or other difficulties affecting parental care.
• Unsafe living conditions or behaviours that put a child at risk.
• A child being beyond parental control.

When concerns are serious and a child cannot remain safely with their birth parents, children’s services must act to protect the child’s welfare. This may involve temporary arrangements while help and support are considered, or, if the risks continue, longer-term plans to provide stability and care in a safe home.

The first steps by social services

When a concern is raised, a social worker will carry out an assessment to understand the child’s situation. This may involve speaking with the family, the child, their school and other professionals, such as doctors. Sometimes, the local authority and parents agree to a voluntary arrangement, known as Section 20 accommodation . This allows the child to stay somewhere safe, often with relatives or foster carers, while further assessments take place. This arrangement can only happen if a parent agrees to it happening.

If there is an immediate risk to the child’s safety, then emergency measures can be taken. 

The police can act straight away using police protection powers, which allow them to remove a child to a place of safety for up to 72 hours. This can be done without going to court, but it is only a short-term measure to keep the child safe while further action is considered.

If more time or formal authority is needed, the local authority can apply to the Family Court for an Emergency Protection Order (EPO). This order can last for up to eight days, giving the local authority temporary parental responsibility so that decisions about the child’s care and safety can be made lawfully.

Care proceedings and court involvement

If the local authority believes the child cannot safely remain at home, it may start care proceedings. The court will then decide what arrangements best protect the child.

At the beginning, the court might grant an interim care order or a supervision order. This determines where the child or young person will live while proceedings continue and who will be able to make decisions about the young person. The child’s views are considered through an independent CAFCASS guardian, who makes recommendations to the court.

Where a child may live

When a child cannot remain with their birth parents during care proceedings, the court and local authority will look carefully at every possible living arrangement. The first consideration is usually placement with family members who have been approved by the local authority to care for the children.

If no suitable family placement is available, the child may be placed in foster care which allows the child to experience family life in a safe setting. If foster care is not possible for the child then they may be placed in a children’s home, where their welfare and safety can be managed closely. In every case, the local authority must prepare a care plan setting out how the child’s needs will be met. This will include details of things like education, health and maintaining safe contact with birth parents and other family members. The plan also explains how and when major decisions about the child’s future will be made and reviewed.

If a care order is made

If the court decides to make a care order, the local authority shares parental responsibility with the birth parents but takes the lead in making decisions about the child’s upbringing. From that point, the authority is legally responsible for protecting the child from significant harm and for implementing the child’s care plan approved by the court. This plan is not static - it must be reviewed regularly to check that the child’s needs are being met and that the arrangements remain suitable.

In time, and where safe and in the child’s best interests, there can be steps towards reuniting them with their birth family. This will only happen if the local authority and the court are satisfied that the risks which led to the care order have been addressed and the home environment can now support the child’s welfare.

If the child cannot return home, they may continue in foster care, living with a foster parent or family chosen and supervised by the local authority. For young people who remain in care as they approach adulthood, the local authority has legal duties to provide support when they leave care, including help with housing, education, training and managing finances so they can move towards independence with guidance in place.

How Switalskis can help

If your child is taken into care or you have been contacted by social services, it’s important to speak to an experienced child care solicitor as soon as possible. Parents have the legal right to take an active part in the case, challenge decisions about their child’s future and make their views heard in court. Legal aid is free to cover all legal costs, regardless of income.

Call Switalskis on 0800 138 0458 or send us a message and we will call you back at a convenient time.