Child Care Solicitors Manchester at AFG Law

If children’s services (formally known as social services) have raised concerns regarding your children’s welfare or your family dynamic, then it is understandable that you may be feeling overwhelmed and concerned. Care proceedings can be complex and emotionally challenging, but having the support of child care solicitors in Manchester can help you understand your rights and responsibilities moving forward.

At AFG Law, our child care solicitors in Manchester specialise in guiding family members through the care proceedings process; whether you’re facing an initial assessment, pre-proceedings or an urgent court application, our experienced family law solicitors in Greater Manchester are here to provide clear legal advice and expert representation.

What are Care Proceedings?

If children’s services have been in contact regarding your children and you have made no improvements following their involvement or if they have an urgent care concern, then care proceedings may be initiated by the Local Authority to seek a care order.

In urgent cases, children’s services can apply for an emergency protection order for the immediate removal of a child from your care and until care proceedings come to a conclusion.

Care proceedings can understandably make parents feel concerned and judged, but their main purpose is to address any potential concerns raised by social workers or someone else close to the family. The well-being and safety of children are always the priority.

The Court may also become involved in this process to determine a decision based on whether your child needs supervision via Social Services or should be placed elsewhere (preferably with family members in the first instance) to fulfil their care needs.

Care proceedings can be extremely challenging for those with parental responsibility and even wider family members. It is important to remember that specialist legal advice and guidance are available to you, and our child care solicitors, Manchester at AFG Law, are highly capable of providing the expert assistance you need. Our legal professionals will guide you through each step of the process and work hard to ensure the outcome of the proceedings is in your best interests and that of your children.

When do Children’s Services Become Involved?

If children’s services have contacted you, it’s likely you are feeling worried and wondering what has prompted their involvement. Local authorities are responsible for protecting children, and social workers step in when there are concerns about a child’s safety and well-being.

While the primary focus of children’s services is the welfare and safety of your child, many parents and families feel distressed and unfairly scrutinised when children’s services contact them, often fearing the possibility of losing custody.

Children’s services might intervene if there are concerns about:

• Signs of abuse, including physical, emotional, or exposure to domestic violence.
• A child’s basic needs, such as food, clothing, or education, are not being met.
• Parental substance misuse is affecting the ability to care for a child.
• Parental mental health issues that could impact a child’s safety.
• Unsafe home conditions, like poor housing or exposure to violence.
• Parental criminal activity that puts a child at risk.
• Problems with a child’s education, such as frequent absences.

Contrary to widespread belief, children’s services do not typically remove children from their homes unless there is an immediate and serious risk. The level of their involvement in your and your children’s lives will depend on the nature of the initial concerns.

What Are the Possible Outcomes of Care Proceedings?

Care Order

A care order is issued by a court in England and Wales when a child is at significant risk of harm, requiring intervention to safeguard their welfare. Under the Children Act 1989, a care order may be granted due to concerns such as abuse, neglect, parental incapacity, an unstable home environment, or lack of cooperation with Children’s Services.

The Local Authority initiates care proceedings under the Public Law Outline (PLO) by applying to the Family Court for an interim Care Order or Supervision Order, which can temporarily place the child in council care for up to eight weeks. If immediate removal is necessary, an Emergency Protection Order may also be sought.

During proceedings, case management hearings assess evidence, and expert reports may be required. If a final Care Order is granted, the Local Authority then shares parental responsibility and decides the child’s living arrangements. These cases typically conclude within 26 weeks, though extensions may be needed.

Placement Order

A Placement Order under the Adoption and Children Act 2002 allows a child to be placed in foster care or for adoption if the Local Authority believes it is in their best interest.

While birth parents can refuse consent, the Court prioritises the child’s welfare and may proceed with adoption if it believes it is best for all parties involved. A Placement Order is typically granted after a Care Order unless the Court agrees the case meets the threshold necessary for the child to be placed with foster carers sooner.

It is important to remember that Courts always prefer placing children with birth parents (with support) or close family, such as grandparents, to minimise disruption and ensure the child’s stability.

Adoption Order

Adoption Orders remove parental and legal responsibility from birth parents and transfers the responsibility to the adoptive parents, establishing a new permanent relationship. The process usually takes around six months, but it can take longer to match the child with suitable adopters.

The Court prioritises the child’s welfare and may proceed with adoption even if the birth parent objects if it’s deemed absolutely necessary. Adoption is considered a last resort due to its significant impact on the child and family.

Options for Involvement for Extended Family

A common concern in care proceedings is the impact on relationships between a child and their grandparents or extended family after placement in care or adoption. If guardianship is disputed, grandparents or extended family members are not automatically considered for parental responsibility.

Grandparents or other extended family members can apply for a Special Guardianship Order, which is often a preferred option where the child can be cared for by family members in a legally secure placement. This allows for family contact while addressing Local Authority concerns. The Court will decide if this is a suitable option based on what is best for the child.

How can AFG Law assist?

AFG Law’s child care solicitors in Manchester specialise in providing legal support to families during the course of care or supervision proceedings and are one of the biggest teams dedicated to Family Law in the area.

Our friendly and skilled Solicitors, including Child Concern members, Resolution members, Law Society Accredited Children Law specialists and Higher Rights Advocates can provide clear and concise guidance to support you with any part of family law proceedings. We also have valued connections with various support services and barristers to ensure you receive the best support possible.

Facing children’s services involvement can be overwhelming. If discussions have took place surrounding child protection, court proceedings, or child removal, reach out to us without delay. Our family law team offer compassionate support and clear, concise legal advice, ensuring you’re informed and understood throughout the process.

If you are a parent or someone that holds parental responsibility for a child, and your children are involved in care proceedings for a care order or supervision order, you will also be entitled to Legal Aid. More advice on Legal Aid can be found here.

If you have any further questions regarding care proceedings or if you require legal advice on any of the information listed above, please call 01204 920 100 to speak with our child care solicitors, Manchester who can support you in all aspects of family law. Alternatively, you can email us at familysolicitor@afglaw.co.uk.

AFG Law have multiple offices with family law teams in Manchester, including Stockport, Bolton and Bury. We can also assist clients with their family disputes remotely. For more information, please see our care proceedings main page here.