By Stacey Phoenix, Head of Family at Cygnet Law, Specialist Children Panel Solicitor

When the local authority (also known as social services or children’s services) is seriously concerned about a child’s safety or wellbeing, they may decide to make an application to the family court. This can be a very distressing time for any parent or carer—but it’s important to understand what’s happening, why it’s happening, and who is involved.

As a specialist solicitor representing children in these proceedings, I want to help demystify the process. In this blog, I explain what public law proceedings involve, the role of the Children’s Guardian, and what to expect in court from start to finish.

What are Public Law Proceedings?

Public law proceedings are the legal process followed when a local authority applies to the court for an order to protect a child. This can include:

• A Supervision Order, which allows the local authority to monitor and support your parenting without taking parental responsibility.
• A Care Order, which gives the local authority shared parental responsibility and may involve the child being removed from your care.
• An application for a Placement Order, which is required if the plan is for the child to be adopted.

These are serious applications, and the court process is structured to give all parties— including parents and the child—a fair and equal opportunity to be heard.

The Role of the Children’s Guardian and CAFCASS

One of the most important people in this process is the Children’s Guardian. This is a qualified social work professional from CAFCASS (Children and Family Court Advisory and Support Service) who is appointed by the court to represent your child.

Their job is to:

• Ensure your child’s wishes and feelings are understood,
• Provide the court with independent expert advice on what is in your child’s best interests, and
• Appoint a solicitor for your child, who takes instructions from the Guardian (unless the child is old enough and able to give their own instructions).

Who are the Other Parties in the Case?

In public law proceedings, there are usually three core parties:

1. You – the parent or carer. You are entitled to free legal representation in care proceedings, regardless of your income.
2. The Local Authority – they will have their own solicitor presenting their concerns and plans to the court.
3. The Child – represented independently by the Guardian and their solicitor.

The judge listens carefully to all sides. Their job is to make decisions that promote the welfare and best interests of your child. The process can be emotional and stressful, but it is designed to be fair and thorough.

The Hearings You Will Attend

Public law proceedings take place over a number of court hearings. Here are the key ones:

1. Case Management Hearing (CMH)

This is usually the first court hearing. It allows the judge to:

• Review the local authority’s application,
• Decide whether any interim (temporary) orders are needed to protect your child,
• Identify any missing evidence or assessments,
• Set a timetable for the case, and
• Give directions (court instructions) to all parties to make sure the case moves forward without delay.

Tip: Always comply with the directions given. Failing to do so can slow down the process and affect your position in the case.

2. Issues Resolution Hearing (IRH)

This is a key moment. By now, the local authority will have submitted its final evidence and the proposed plan for your child—whether that’s returning home, staying in foster care, living with relatives, or adoption.

At the IRH:

• All parties respond to the final plan.
• If everyone agrees, the case may end here with the judge approving the plan.
• If there are unresolved issues, the judge will set a date for a final hearing.

This is often a very emotional hearing, particularly for parents. You’ll be asked to reflect on the local authority’s concerns, the Guardian’s recommendations, and what future you want for your child. The court will treat you with care and dignity during this time.

3. Final Hearing

At the final hearing, everyone gives oral evidence – this means:

• You will go into the witness box and answer questions under oath or affirmation.
• The local authority will present their case.
• The Guardian will give their final recommendation, having heard from everyone else.

It’s natural to feel nervous, but your solicitor will prepare you. This is your chance to tell the judge, in your own words, what you think is best for your child.

At the end, the judge will make a final decision, considering:

• The evidence presented,
• Your child’s wishes and feelings,
• The Guardian’s advice, and
• The law, especially the Welfare Checklist under the Children Act 1989.

The judge’s decision is delivered as a judgment—a detailed explanation of what they’ve decided and why.

Final Thoughts

If you’re facing care proceedings, you’re likely feeling overwhelmed, frightened, and unsure of what comes next. That’s entirely understandable. But it’s important to remember:

• You have a right to a solicitor, and you should use that support fully.
• The court process is designed to be fair—every voice will be heard.
• The Children’s Guardian is there to advocate for your child, not for or against you.

At Cygnet Law, we work with families and children every day through some of the hardest moments of their lives. As Head of Family Law and a solicitor on the Law Society’s Children Panel, I can say with certainty that the process can feel long and painful—but it exists to protect children and give families a fair chance to turn things around.

If you’ve received a PLO letter or have been told that proceedings are starting, it’s essential to get legal advice immediately. The earlier you understand your position, the better your chance to engage meaningfully and move forward in a way that supports your child’s future.