Why has the Local Authority taken me to court?
The Local Authority have concerns that your child has or is at risk of suffering serious harm. They will need to set out these concerns in their application to the court.
Do I get legal representation?
You are entitled to free representation throughout the proceedings with Battrick Clark through Legal Aid. All parties will be legally represented. The parties in the proceedings are usually as follows:
- Local Authority
- Each parent or person with Parental Responsibility
- The child or children through their Childrens Guardian
What is a Children’s Guardian?
Children’s Guardians are qualified social workers, trained and experienced in working with children and families. They are appointed as experts by the court to represent the rights and interests of the child and to provide the court with independent advice about the child’s best interests. They are not part of local authority children’s social care services or the courts. They appoint their own solicitor to represent the child in court. They do not always agree with the local authority application or their plan for the child.
What happens at court?
When there is an important court hearing about your child, the judge will listen to everyone involved in the case before they decide what to do. The court tries to ensure final arrangements are made for children within six months. During this time, there will be people trying to find out why the child may be at risk and what could be done to keep them safe, which may involve working with parents or carers in some way. Parents or carers may be assessed, as may wider family members or friends in case the child is not able to return home. The court bases its decisions on what is in the best interests of the child.
If you require expert legal representation, please contact one of the experts at Battrick Clark to represent and advise you.