If you have received a Pre-Proceedings letter, you need to seek legal advice as soon as possible.
At Ringrose Law, we can help you through the process with empathy and without judgement.
What Are Pre-Proceedings?
If a local authority has concerns about your child's welfare or safety, they could issue 'Pre-Proceedings'.
In most cases, they will send you a 'Letter before Proceedings' which;
- Invites parents or those with parental responsibility to a pre-proceedings meeting with a social worker
- Includes details of when and where this meeting will take place
- Outlines the concerns of the Local Authority
- Detail the changes you need to make and how they can help you
- Explain how to seek legal advice
The goal of pre-proceedings is to create and agree to a plan of action and avoid court proceedings. If authorities have immediate concerns over your child's safety, they could issue court proceedings straight away.
If you fail to engage with the process and improve your child's welfare, the authorities could issue court proceedings.
I've Received a Pre-Proceedings Letter: What Should I Do?
Matters that involve social services are often complex. So, if you receive a pre-proceedings letter, it is vital you seek legal advice as soon as you can.
Our specialist childcare solicitors will help you through the process. We can provide support without judgement and answer any questions you might have.
We will meet you before the pre-proceedings meeting takes place to;
- Discuss your situation with you, and
- Go through the changes you need to make to your child's care
If the Local Authority issues court proceedings, we can defend your case.
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What Happens at a Pre-Proceedings Meeting?
When you attend a pre-proceedings meeting, we will attend with you. We will discuss the contents of the Letter before Proceedings with a social worker. They will outline their concerns about your child's welfare and explain why they believe the child may be at risk.
You will be able to respond to these concerns, discuss your perspective, and ask questions. We can help represent your views.
The goal of the pre-proceedings meeting is to agree on an action plan that addresses the concerns. This might involve;
- Commitments to engage with certain services
- Make specific changes in care or behaviour, or
- Take steps to ensure the child's safety.
Social services will usually give you six to eight weeks in which to make changes. At this point they will assess your progress and decide whether they need to involve the court.
How is Progress Reviewed During the Pre-Proceedings Process?
During the first pre-proceedings meeting, a date will be set to review your progress. We will attend these meetings and help you through them.
Depending on the outcome of the assessment. It could be;
- No further action needed: A positive assessment might alleviate the concerns of social services.
- More work is needed: Social services might need further reassurance. In which case we will agree next steps and a date for another review.
- Issuing of care proceedings: If social services think the child is still likely to suffer harm at home, they can apply to the court to start care proceedings. In which case they will provide you with a letter of issue.
What if I Fail to Make the Required Progress?
If social services decide that you have not made enough progress, they could start court proceedings. Known as "care proceedings," the court will decide what steps need to be taken to protect your child.
This can result in a number of outcomes;
- Care Order: Grants the local authority parental responsibility for your child. This could result in removing your child from your care and placing them in a foster care.
- Supervision Order: Allows your child to stay at home under local authority supervision. This comes with strict conditions.
- Child Arrangement Order: The court may decide where your child will live and with who. This could place your child in the care of another family member.
- Emergency Protection Order: Allows the local authority to remove your child from your care immediately.
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