Adarsh Patel A person who lacks litigation capacity will be allocated a case worker on behalf of the Official Solicitor to act as their Litigation Friend in Court Proceedings. The Official Solicitor acts as a last resort representative for
An Emergency Protection Order (EPO) is a time limited protective order for emergency situations where there is a reasonable cause to believe that a child is likely to suffer significant harm. The three grounds on which an
The protection of your human rights is vital in all aspects of the law. It is natural to wonder how these rights are maintained in Care Proceedings for parents, especially where the Local Authority are applying for
Involvement with social services can be very difficult for families and many people wish to escape so that they do not need to deal with any intervention or scrutiny from social workers and other professionals. If the
If the Local Authority have concerns about a parent’s ability to care for a child, they may request or complete an assessment of that parent’s ability for care for them. The concerns may arise from an injury
There are three levels of public funding for parents whose children are involved with social services. These are Legal Help Level 1, Legal Help Level 2, and Full Representation under Legal Aid. The level of funding you
Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by
Where the Court has been provided with all the evidence relating to a child’s parents in Care Proceedings and the professional assessments of them are negative, they can be ruled out as potential carers before a Final
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home.[1] Domestic abuse and violence remains a major concern for many
Parental responsibility is the rights and responsibilities a parent has over their child. It simply encompasses completing the role of a parent that one would expect a parent to do. Parental responsibility is the legal term given
When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is
Communicourt is an intermediary service mostly funded by HMCTS, with no charges or payments required by parents or legal professionals. In the context of Care Proceedings, their aim is to assist a parent who has a communication
By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their
A Supervision Order is one of many orders that the Court has the power to grant a Local Authority in Childcare Proceedings under section 35 Children Act 1989. The purpose of a Supervision Order is to impose
The Local Authority will send you a Letter of Intent to Issue Care Proceedings once they have decided that there are significant concerns regarding the safety of your child/children, and the only way to keep them safe
Childcare proceedings are confidential, which means the disclosure of information deriving from proceedings is governed by strict rules and protocols. If the Police wish to obtain information from your childcare proceedings, they need to make an application
