Public Children's Solicitors in Caernarfon, North Wales
Family Law Legal Aid Funding Available
Public Children cases can arise when the Local Authorities Children’s Services consider that a Child is suffering or is likely to suffer significant harm.
Legal Aid for Care Proceedings
If the Local Authorities Children Services are considering starting care proceedings, you will be automatically entitled to non-means and non-merits tested Legal Aid for the duration of the proceedings if you are:
The parent of the child, or a family member, such as a grandparent that has parental responsibility for the child.
Care Proceedings
Local authorities have a statutory duty to safeguard and promote the welfare of children within their area who are deemed to be “in need” and to promote the upbringing of the children within their families by providing a range of services appropriate to the children’s needs.
The Local Authority (LA) must take action to protect the safety and welfare of that child and support the family if they have concerns about children living in their area.
This does not always involve court proceedings they may work with a family to offer support and assistance, which could include other parties such as the school and health professionals.
If following such support, the situation does not improve and the concerns are very serious, the Local Authority could apply to the Court for an Order to be able to remove the children from the care of their parents, sometimes only temporarily, whilst assessments are carried out to see if changes can be made.
Parents may be asked to agree that the Local Authority temporarily accommodates children whilst they assess the situation or apply to court for (interim) care orders. Before any such agreement is signed parents should have legal advice to ensure that they understand the implications of this.
Orders that a Local Authority can seek in respect of children
Our divorce solicitors can guide you through the entire divorce proceedings, from filing the initial application to obtaining the final order. We will handle all necessary paperwork and liaise with the court on your behalf, making the process as smooth and efficient as possible.
Emergency Protection Orders (EPO)
The Local Authority could make a Court application to Court for an emergency protection order (EPO) if they believe there is an immediate danger to the child, and it is considered necessary that steps need to be taken urgently to protect that child. The Court will only make this order if the Local Authority make the case that there is reasonable cause to believe that the child is likely to suffer significant harm if not removed to accommodation provided by the local authority.
An EPO is a short order granted for up to a maximum of 8 days. It gives parental responsibility to the Local Authority but only permits them to take reasonable action that is required to safeguard the welfare of the child.
If longer term plans are required, then an application for another order within the 8-day period must be made. These applications are made “on notice” and give all parties time to consult solicitors and prepare for the court hearing.
Care Order
The Local Authority must have grounds for making an application for a care order, known as the Threshold Criteria.
They must show the Court that on the balance of probabilities (51% likelihood), the child concerned is suffering, or is likely to suffer, significant harm and that harm, or likelihood of harm, is attributable to the care given to the child, or likely to be given to the child (If the Order is not made,) is below a standard it would be reasonable to expect a parent to give, or the child is beyond parental control.
A care order gives the Local Authority shared parental responsibility for the child with the Parents retaining their parental responsibility. However, the Local Authority has power to determine to what extent the parents may exercise this.
It is usual for children who are the subject of care orders to live with foster carers or in residential homes, but sometimes they can remain at home being cared for by their parents.
If the child is with foster parents or in a care home the Local Authority has a duty to arrange contact between parents and children, but if they want to suspend or stop contact for a period longer than 7 days they need to obtain a court order to do so.
The Court will appoint a Children’s Guardian whose role it is to be the voice of the child in the proceedings. The Guardian does not work for the Local Authority applying to the Court for the order. Instead they work for the Children and Family Court Advisory and Support Service (CAFCASS) and work for the Court. Their role is to safeguard the interests of the child. The duties of a Guardian include instructing a solicitor on behalf of the child and preparing a report with recommendations about what is best for child. The Guardian’s paramount consideration is the need to safeguard and promote the best interests of the child.
The Court must draw up a timetable to deal with the application. Often this involves making an interim care order, with an order for further assessments of the family circumstances. This can involve assessments of the parent’s ability, psychological assessments, medical assessments, drug and alcohol testing, assessment of other family members to see whether they can care for the child etc.
Parents have an opportunity to respond to the issues raised by the Local Authority by way of a statement, and also to introduce evidence from support services they are engaged with.
Parents can also provide information about anyone that they want to be considered as an alternative carer for the children e.g. a family member of close family friend.
The Local Authority would then assess that person so it would be better provide such information as soon as possible so assessments can be undertaken quickly.
Supervision Orders
Supervision orders are made on the same basis as care orders ‘that the child is suffering or is likely to suffer significant harm’. They don’t however give parental responsibility to the local authority, but when there is a supervision order in force it is the duty of the supervisor to:
Advise, assist and befriend the child;
Take steps to give support the child;
Where the order is not complied with or the supervisor considers that the order is no longer necessary, they can apply to the court to vary or discharge the order.
A supervision order may require the child to comply with directions given by the Local Authority to do things such as:
Live at a place specified by the Local Authority;
Present themselves to specific people at specific places or times;
To participate in activities specified on certain days.
The Child may be required to undertake medical or psychiatric examination as directed by the Local Authority. This requirement will only be included where the court is satisfied that such examination is indeed necessary.
Initially, a supervision order lasts for 1 year. The Local Authority can apply to the court to extend the supervision order, but the supervision order can only be in place for a maximum of three years.
A supervision order differs from a care order, in that the child will usually live at home with the parents who retain parental responsibility.
Interim Removal
If the Court is convinced that a child is at immediate risk of suffering, or continuing to suffer, significant harm if they remained in their parent’s care, it may allow the Local Authority to remove them from their parents care
Consequently it may be wise to make a Will early in the divorce process.
Family Law Legal Aid
Funding Available
Discharge
A care order may be discharged or a supervision order varied or discharged if an application is made by:
A person with parental responsibility for the child;
The child himself/herself;
The Local Authority.
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