Care Proceedings
Because of the importance of removal of a child for any length of time without the parents consent, only a Court can authorise this. There are special procedures for emergencies, by way of an Emergency Protection Order, which can last for only a few days, and be granted by a Magistrates Court, which will normally insist that the parents must have some opportunity of making representations about the case, rather than it be dealt with behind their backs.
If an Emergency Protection Order (EPO) is granted, then this will be reviewed by the Court within one or two weeks, when an application for an Interim Care Order (ICO) may be considered. If an ICO is granted, then Social Services will take over the major decisions for the child, and have the power to place the child in foster care while the Court Proceedings last. They are still under a duty to promote and to support contact with the parents with their children.
Once Care Proceedings have been started the Court (Magistrates Court or County Court in difficult cases) will take control. A timetable is fixed and reviewed on a regular basis, setting out the procedure for assessments and reports and for Orders to be made in the meantime, if issues arise.
Care Proceedings can take a long time, from six months to two years in some cases. The assessment process is rigorous and expensive, most of it met from public funds. Indeed, in some cases, far more resources are available as a result of Court Proceedings than if they were never started.