This summary guide provides an overview of what happens when children’s social care decide whether to go into care proceedings and child sexual abuse is a concern. It outlines how to prepare according to the Public Law Outline (PLO), how the child may be feeling, and how practitioners can best help the child at this point.
What happens when a decision is made to go into care proceedings?
Making the decision to go into care proceedings is a significant step, particularly when child sexual abuse is a concern. The process aims to provide protection, stability and support, but it may also bring uncertainty and anxiety for the child as they navigate possible changes in who they live and spend time with.
Care proceedings formally commence once the local authority files the application with the court for a care order or supervision order. The family may already have been down several support pathways at this stage.
Children’s social care usually decide to begin care proceedings if:
- the child has been on a child protection plan and concerns have remained or increased, or
- there has been a single- or joint-agency enquiry by children’s social care and the police, or by the multi-agency child protection team (MACPT), or
- the PLO pre-proceedings process has concluded and concerns either remain or have increased, or
- emergency steps have been taken because the child was at risk of imminent or immediate harm, or
- a referral from private law proceedings has been made and a section 37 report has been directed, because of child sexual abuse or other harms.
Children’s social care don’t issue care proceedings unless they think a court order is needed to manage risk to the child, and all reasonable less intrusive interventions are not suitable. To make that decision, they hold a Legal Gateway Meeting, also known as a Legal Planning Meeting: the social worker gathers practitioners from different agencies to review the child’s situation and determine whether care proceedings are justified.
if the legal standard for care proceedings is met, because of child sexual abuse or other harms, children’s social care will decide whether it is appropriate to:
- continue on a child protection plan or
- begin the PLO pre-proceedings process or
- go into care proceedings.
Under Families First transformations, the Multi-Agency Child Protection Team will decide whether to move into pre-proceedings.
The criminal standard of proof is ‘beyond reasonable doubt’. This means there must be strong evidence (‘be sure’) that the accused committed the crime. The prosecution must establish its case so thoroughly that the judge or jury is left with no reasonable uncertainty.
The civil standard of proof is ‘on the balance of probabilities’. Under this principle, a fact or event is considered proven if it is more likely than not to have happened; it does not require absolute certainty or forensic corroboration.
In the Legal Planning Meeting, remember to apply the civil standard of proof when reviewing concerns relating to child sexual abuse and other harms. (The police will apply the criminal standard of proof when determining whether criminal proceedings are necessary alongside family law proceedings.)
When care proceedings are issued, the process moves quickly – so, where possible, prepare well to ensure the judge has everything necessary to make decisions at the case management hearing.
- Children’s social care prepare their evidence bundle.
- Children’s social care send parents a letter before proceedings.
- Issuing the application triggers the Public Law Outline (PLO).
- The court will timetable an urgent hearing (also called a contested interim care order hearing), if this is necessary to safeguard the child, and the case management hearing (CMH).
- The court will also issue standard directions to the parties under Practice Direction 12A of the Family Procedure Rules.
- An advocates meeting should occur at least two days before the CMH.
- The parties should file applications for any expert assessments that may be needed.
- The advocates will draft a case management order for the judge.
How may the child be feeling?
While care proceedings may be necessary to address child sexual abuse and other harms, they can be distressing and confusing for the child. The legal system intended to protect children often creates uncertainty and disruption, especially when proceedings begin suddenly or are delayed. When care proceedings are started, the child may:
- not fully understand the implications, including that they may be removed from the care of their current parent(s)/carer(s)
- feel anxious about not knowing who they may be living with, and whether and when they will next see their parent(s), siblings and others who are important to them
- feel excluded from decisions being made, and unsure whether and how their sexual abuse is being discussed.
Where a decision is made to remove the child from their home on an emergency order, the child may experience abrupt separation from parents, carers, siblings, family, pets, friends and community. They may have to move to a new area, change schools, and lose access to familiar activities, pets and belongings.
- These safeguarding actions may feel unfair or punitive to the child, and lead to feelings of loss.
- The child may perceive that telling about their abuse has come at a greater personal cost to them than to the person of concern.
- They may worry that the person of concern will face consequences, and/or that they themselves will face repercussions as a result of telling about their abuse.
- If they have a pet, they may worry about its safety, especially if they have witnessed it being harmed previously.
How can you support the child and family?
The child’s social worker has the primary role at this stage, as a Cafcass Children’s Guardian will have only been recently allocated. There is much that you can do as the social worker to support the child and their family.
Identifying a child's vulnerability is central to care proceedings and planning:
- Consider the vulnerability and individual needs of the child. The Family Court considers all children to be vulnerable because of their age; Achieving Best Evidence guidance recognises sexually abused children as vulnerable and intimidated witnesses. Think about whether and how their personal characteristics may increase their vulnerability and shape their response to their abuse.
- Explore whether the parent(s) are vulnerable, as this will influence the child’s vulnerability. Do factors such as domestic abuse, learning difficulties, mental ill-health or substance misuse affect a parent’s capacity and ability to protect themselves and their child? Remember that people who sexually abuse children may exploit parental vulnerability to gain access to the child.
- Consider any other children or vulnerable adults in the home too.
- Tell the court about any factors which could limit the child’s (or another party’s) ability to participate in proceedings.
The risks and the child’s vulnerability should be central to decision-making around the interim care plan.
- Understand the child’s placement needs and whether the people caring for them can meet these needs.
- Set clear rules about whether, how and when the child has contact with the person of concern and other family members, including through technology.
- Use age-appropriate approaches and communication tools to capture the child’s lived experience and support them in talking to you.
- Consider whether a paediatric medical assessment (examination) is required.
- Ensure that the interim care plan aligns with any ongoing criminal investigations, and considers bail conditions and other arrangements that may be in place.
- Define ‘trigger points’ – what specific event or information would move the plan from an interim placement to a more permanent search?
- Check that the child has an understanding of the decision-making process – and, if they have been placed outside the home, why this decision has been made.
- The child may process their feelings through sexualised behaviour toward other children in the home. Ensure the carer is supported in managing the child’s complex emotions and behaviour.
- If the child has been taken away from their home and school environment, and/or their contact with family and friends has been limited, consider how they may be feeling about this (see above). Reassure them that these changes are only interim and not won’t be finalised until final orders are made.
- Consider the child's immediate and long-term care and therapeutic needs, including their readiness and willingness to engage with therapy.
If therapy is not appropriate at this time, consider any barriers that the child faces to accessing therapy, and reasons why there may be opposition to therapy from family or other practitioners. Remember, though, that the Crown Prosecution Service says children can receive emotional support and therapy during a police investigation.
Any therapeutic support given should have clear ground rules, and should be mindful of any open investigations and the potential to affect or influence any evidence the child may give in criminal law proceedings or family law proceedings.
Children (and most parents) going into care proceedings for the first time will not understand court processes and professional roles, what decisions the court can make, why these decisions are important, and what to expect.
- The child’s social worker and the Cafcass Children’s Guardian should support the child to understand the purpose of the care proceedings and how decisions will be made.
- All practitioners can help the child feel heard and understood by talking to them about your understanding of their circumstances.
- Take the time to ensure you understand the child’s wishes and feelings.
- Let them know how they can participate in care proceedings and how their voice will be valued.
External links
- Achieving best evidence in criminal proceedings [Ministry of Justice]
- Practice Direction 12A – Care, supervision and other Part 4 proceedings: guide to case management, setting out the Public Law Outline [Ministry of Justice Family Procedure Rules]
- Part 25 – Experts and assessors [Ministry of Justice Family Procedure Rules]
- Guidance on Allocation guidance relating to children in the Family Court [President of the Family Division]
- Prosecution guidance: Pre-trial therapy [Crown Prosecution Service]
- Glossary of commonly used terms and words in family proceedings [Cafcass]
- Taking me seriously – video for children involved in the Family Court [Cafcass]
- Top tips for parents and practitioners [Cafcass]