Child care proceedings

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Under the Children Act 1989 (ChA 1989), local authority (LA) social services departments are responsible for making sure that children are safe and appropriately cared for by their parents or the person looking after them. LAs must investigate any child in their area where they have cause to suspect the child is ‘suffering, or is likely to suffer, significant harm’.

When an LA becomes involved with a family in which the children are at risk, it will work with the family and involve relevant agencies and professionals.

Before a court application is made, a child protection case conference should be held, to which parents/carers, relevant professionals, organisations and agencies are invited, to see if the child could properly be protected without a care order being made. The pre-proceedings protocol of the Public Law Outline (PLO) (now set out in FPR 2010, PD 12A) should be followed. See Practice Note: Child protection conferences.

Typically, an LA may start these investigations for any of the following reasons:

  1. •

    when directed to do so by the court

  2. •

    where there is a persistent failure to comply

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