Children Taken Into Care: What Are My Legal Rights?

Understanding what happens when children enter care

If your children have been taken into care, you may feel overwhelmed and unsure of where you stand legally. The process can be confusing, but knowing your rights helps you work out what to do next.

When Children's Services remove children from a family, they do so under orders issued by the Family Court. If you signed paperwork during this process, it may have been consent to a temporary arrangement or acknowledgement of a court order. The Local Authority, through its Children's Services department, then holds legal responsibility for your children.

Children's Services may apply for an Emergency Protection Order if they believe children are at immediate risk, though this is reserved for urgent situations. They might instead seek an Interim Care Order under Section 38 of the Children Act 1989. For any arrangement to continue, they must return to court to seek an Interim Care Order or full Care Order.

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Your right to be involved in court proceedings

You are legally entitled to be informed about any court hearings and given a chance to attend. At these hearings, you can put forward your views, challenge the evidence presented by Children's Services, and ask the court to make a different decision.

The Children and Family Court Advisory and Support Service (CAFCASS) will also be involved in proceedings. Their role is to represent your children's interests and provide independent advice to the court.

If you were not told about hearings or feel you were not given a proper opportunity to respond, raise this with a solicitor as soon as possible. You may be able to apply for the order to be varied or discharged.

Legal aid is generally available automatically for parents involved in care proceedings. A family law solicitor can advise you on your specific situation and represent you in court. You can find a solicitor through the Law Society website or contact Citizens Advice through their website or national phone line.

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Information about your children's placement

Once children are in care, the Local Authority must tell you where they are living unless doing so would not be in your children's best interests. If placement information is withheld, this should be explained to you.

You have the right to information about your children's general welfare. The Local Authority should keep you informed about their health, education and overall wellbeing unless a court has ordered otherwise.

Contact arrangements and next steps

Contact with your children while they are in care is usually considered by the court, but arrangements depend entirely on what the court decides is in your children's best interests. Contact might include supervised visits, phone calls or video calls, depending on the specifics of your case and any court orders in place.

If you want to challenge a care order or apply to have your children returned, you will need to go through the Family Court. A solicitor can help you understand whether you have grounds to make an application and guide you through the process.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →