A Parent's Guide to Care Proceedings: Your Rights and What to Expect

Last updated: March 2026

By Stevie Hayes

Quick Answer

If a local authority has started care proceedings concerning your child, you have important legal rights — including the right to a solicitor funded by legal aid, the right to see the evidence against you, and the right to challenge every aspect of the local authority's case. Care proceedings follow the Public Law Outline and should ordinarily conclude within 26 weeks. This guide explains what to expect at each stage, how to work effectively with your legal team, and how to engage constructively with social workers and assessments — even when the process feels frightening and unfair.

---

Introduction

Learning that the local authority has started care proceedings — or is threatening to — is terrifying. There is no other word for it. The prospect of losing your children, of strangers making judgments about your parenting, of being in a courtroom while a social worker reads out things you did or did not do — it is one of the most distressing experiences any parent can face.

This guide is written with that reality in mind. It will not pretend the process is easy or that everything will be fine. What it will do is explain your rights clearly, describe what happens at each stage, and give you practical advice on how to navigate the process as effectively as possible.

You matter in these proceedings. Your voice matters. And understanding the process is the first step towards making sure you are heard.

---

Your Right to Legal Representation

Legal Aid for Care Proceedings

If you are a parent (or a person with parental responsibility) in care proceedings, you are entitled to non-means-tested, non-merits-tested legal aid. This means:

• You do not need to prove you cannot afford a solicitor — legal aid is automatic
• You do not need to show your case has merit — everyone is entitled to representation regardless of the strength of their case
• Your solicitor and barrister will be paid by the Legal Aid Agency

This is one of the few areas of family law where legal aid remains universally available. Do not try to navigate care proceedings without a solicitor. The issues are too complex, the stakes too high, and the procedures too technical.

How to Find a Solicitor

You need a solicitor who holds a legal aid contract for public law children work and who is a member of the Law Society's Children Panel. You can:

• Ask the court — the court office can provide a list of local firms
• Contact the Law Society (020 7320 5650) for a referral
• Search the Legal Aid Agency's Find a Legal Aid Adviser tool online
• Ask the Family Rights Group (0808 801 0366) for guidance

Choose your solicitor carefully. You will be working closely with them for months, sharing deeply personal information, and relying on their advice at critical moments. If you are not comfortable with your solicitor, you have the right to change — but try to do so early in the proceedings to avoid disruption.

Your Right to a Barrister

In most care proceedings, your solicitor will instruct a barrister to represent you at hearings. The barrister is a specialist advocate who will present your case to the judge, cross-examine witnesses, and make legal submissions on your behalf. You are entitled to a barrister for hearings, and this is covered by legal aid.

---

What Happens Before Court: Pre-Proceedings

Before issuing care proceedings, the local authority should follow the pre-proceedings protocol set out in the Public Law Outline. This involves:

1. A letter before proceedings (PLO letter) — setting out the local authority's concerns
2. Offering you the opportunity to obtain legal advice — you should qualify for legal aid at this stage
3. A pre-proceedings meeting — attended by you, your solicitor, and social workers
4. A written agreement — setting out what needs to change and the timescale for change

The pre-proceedings stage is an opportunity to address the local authority's concerns before they become a court case. Take it seriously. Attend every meeting, follow the written agreement, and work with your solicitor to demonstrate the changes you are making.

Not all cases go through pre-proceedings. In urgent situations — where there is an immediate risk of significant harm — the local authority may issue proceedings without prior notice. If this happens, your solicitor should be contacted immediately.

---

The Court Process: What to Expect

The First Hearing

The first hearing usually takes place within 12 to 18 days of the application being issued. At this hearing:

• The court will consider whether to make an interim care order (giving the local authority temporary parental responsibility)
• Directions will be given for the case — what assessments are needed, what evidence should be filed, and when
• A timetable for the child will be set, aiming for resolution within 26 weeks
• The children's guardian (an independent CAFCASS officer) will be appointed

You should attend this hearing with your solicitor. The hearing may feel rushed — judges have busy lists — but important decisions will be made. If you do not understand something, ask your solicitor to explain it.

Interim Care Orders

An interim care order (ICO) gives the local authority shared parental responsibility for your child whilst proceedings are ongoing. An ICO does not mean you have lost your case. It is a temporary measure, and the court must review it regularly.

If your child is removed from your care under an ICO, you have the right to:

• Contact with your child — the local authority must promote reasonable contact
• Challenge the ICO — you can oppose the making or renewal of an ICO at any hearing
• Apply to discharge the ICO — if your circumstances change

Assessments

During care proceedings, various assessments will be carried out. These may include:

How to Approach Assessments

Assessments can feel intrusive and judgmental. It is natural to feel defensive. But how you engage with assessments can significantly affect the outcome of your case. Here is practical guidance:

1. Attend every appointment — missing an assessment session sends a negative message. If you genuinely cannot attend, notify the assessor and your solicitor in advance and rearrange
2. Be honest — assessors are trained professionals. They are not looking for perfect parents; they are looking for parents who can be honest about their difficulties and show the capacity to change
3. Acknowledge concerns — if the local authority has identified genuine issues, acknowledge them. Saying "I know my drinking was a problem, and here is what I have done about it" is far more powerful than "I do not have a problem"
4. Provide evidence of change — if you are attending courses, counselling, or support groups, bring evidence. Certificates, attendance records, and letters from support workers are all valuable
5. Ask your solicitor for advice before the assessment — they can help you prepare, understand what the assessor is looking for, and ensure you present your case effectively

The Issues Resolution Hearing

The Issues Resolution Hearing (IRH) takes place after all assessments have been completed and evidence has been filed. It is the court's attempt to resolve the case without a final hearing. At the IRH:

• Each party sets out their position — what order they are asking the court to make
• The judge will consider whether the issues can be narrowed or agreed
• If the case cannot be resolved, directions will be given for a final hearing

Come to the IRH prepared. Your solicitor should have discussed your position with you in advance. This is your opportunity to influence the direction of the case.

The Final Hearing

If the case is not resolved at the IRH, it will proceed to a final hearing. This is where:

• Witnesses give oral evidence and are cross-examined
• The judge considers the court bundle containing all the documentary evidence
• Legal submissions are made by each party's barrister
• The judge makes a decision

The final hearing can last several days. It can be emotionally exhausting. You will hear evidence about your parenting that may be painful to listen to. Your barrister will challenge evidence that is unfair or inaccurate, and will present your case as strongly as possible.

---

Working With Social Workers

Your relationship with the social worker assigned to your case is important. Even if you feel angry or mistrustful — and many parents understandably do — how you engage with social workers matters.

Practical Tips

• Be polite and cooperative — even when you disagree. Hostility towards social workers is often recorded and presented to the court as evidence of lack of engagement
• Keep a record — write down what was discussed at every meeting, who was present, and what was agreed. If the social worker's account later differs from yours, your contemporaneous notes will carry weight
• Communicate through your solicitor where possible — particularly about anything contentious. Your solicitor can ensure your position is communicated clearly and professionally
• Do not refuse visits or assessments — this will be used against you. If you feel a visit or assessment is unfair, discuss it with your solicitor, who can raise the issue with the court
• Ask for help — social workers are not only there to monitor you. They should also be offering support. If you need help with housing, mental health, finances, or domestic abuse, ask for it

---

Engaging With the Children's Guardian

The children's guardian is an independent social worker appointed by CAFCASS to represent your child's interests. They are not on the local authority's "side" — their duty is to the child. However, parents sometimes feel that the guardian has already made up their mind.

The guardian will:

• Read all the case papers
• Visit your child (and usually you)
• Observe contact sessions
• Speak with professionals involved with your family
• File an analysis and recommendations for the court

You should engage openly with the guardian, just as you would with assessors. The guardian's recommendations carry significant weight with the judge, and demonstrating your willingness to work with them is important.

For a detailed explanation of the guardian's role, see our companion article: The Role of the Children's Guardian in Care Proceedings.

---

Your Rights Throughout the Process

It is worth restating your fundamental rights as a parent in care proceedings:

• The right to legal representation funded by legal aid
• The right to see all the evidence — you must be served with every document filed in the case
• The right to give evidence — you can file witness statements and give oral evidence at hearings
• The right to challenge evidence — through cross-examination and submissions
• The right to contact with your child — the local authority must promote reasonable contact
• The right to a fair hearing — under Article 6 of the European Convention on Human Rights
• The right to respect for your family life — under Article 8 of the ECHR, which means the court must consider whether any interference with your family life is necessary and proportionate
• The right to appeal — if you disagree with the court's final decision

---

How BundleCreator Can Help

Even with a solicitor handling most of the bundle preparation, there are moments when you may need to organise your own documents — evidence of courses completed, letters from support workers, records of contact sessions, or your own notes and photographs.

BundleCreator makes it straightforward to:

• Upload and organise your documents in a clear, structured format
• Share your bundle securely with your solicitor or barrister
• Generate a properly paginated, indexed PDF that meets PD27A requirements
• Update your bundle as new evidence becomes available, without reformatting the entire document

If your solicitor is using BundleCreator, you can collaborate on the same bundle — ensuring nothing is missed and everything is in the right place.

Explore BundleCreator at bundlecreator.co

---

Frequently Asked Questions

Can I represent myself in care proceedings?

Technically, yes — you can act as a litigant in person. But care proceedings are among the most complex cases in the family court, and you are entitled to free legal representation through legal aid. There is no good reason to go without a solicitor, and doing so puts you at a significant disadvantage.

What if I disagree with my solicitor's advice?

Your solicitor is there to advise you, but the decisions are yours. If your solicitor advises you to agree the threshold, for example, you are entitled to reject that advice and contest it — though you should understand the reasons behind the advice before doing so. If you have lost confidence in your solicitor, you can instruct a new one.

Can I take my child and leave the country?

No. If care proceedings have been issued, there will usually be a prohibited steps order or a direction preventing the removal of the child from the jurisdiction. Removing a child from England and Wales in breach of such an order is a criminal offence and will seriously damage your case.

What happens if I do not attend court?

The court can proceed in your absence. If you fail to attend without a good reason, the court may draw adverse inferences and make decisions without hearing from you. Always attend, and if you genuinely cannot (for example, due to illness), notify your solicitor immediately so they can seek an adjournment.

How can I prepare for giving evidence?

Your barrister will prepare you for giving evidence — this is called a "conference" and is usually held shortly before the hearing. General tips: answer the question asked (do not volunteer additional information), be honest, stay calm, and if you do not understand a question, say so. It is perfectly acceptable to say "I don't know" or "I can't remember."

What support is available for parents in care proceedings?

Several organisations offer support:

• Family Rights Group — 0808 801 0366 (free advice for parents and family members)
• Parents Against Unjust Removal of Children (PAUROC) — peer support
• Reunite International — if there are international elements
• Your local Family Information Service — practical support and signposting

---

No one should face care proceedings alone. Whatever the circumstances, you have the right to be heard, the right to challenge the evidence, and the right to fight for your family. Reach out to the organisations listed above, lean on your legal team, and remember that you are not defined by what is written in a social work report.