When and how we intervene in children's safety, what public law proceedings are, and the viability assessment.
Public law
If we are concerned about a child's safety and wellbeing, we'll conduct an assessment of the parents which could result in the children needing to be removed from their care.
This is done through the family court and is known as public law proceedings.
If the social worker is worried about children being safe at home, they'll talk to family and friends about being assessed to care for the child or children until they turn 18.
Research and evidence shows the benefits of children remaining in the care of a relative or someone who knows them well. This is why we recommend that a child should stay within their own network wherever possible.
Find out more about the assessment process.
How a child can come to live with a connected carer
There are two ways a child can come to live with their connected carer.
Emergency fostering
In some cases, a child may quickly move to live with a family member or friend under Regulation 24 of the Care Planning, Placement and Case Review Regulations 2010.
This is a temporary fostering arrangement, following a short assessment of the carers, known as a viability assessment.
Children living with their connected person under this arrangement do so as a child in care.
This means the child's parents have signed an agreement authorising us to care for their child or the family court has granted an interim care order (Section 38 of the Children Act 1989).
Placement after an assessment
Following a full assessment, the child, parents and connected person will be told if they'll get a positive or negative recommendation. The family court then decides where the child will live on a long-term basis.
Sometimes children live with a foster carer while their connected person is being assessed. This decision is based on the child's best interest and the immediate circumstances of the person being assessed.
The court can grant a special guardianship order to the connected person and the child will live with them permanently if:
- the connected person gets a positive recommendation following their assessment
- it is agreed the child cannot return to their parent's care
Find out more
You can find out more about what happens if your child is taken into care on GOV.UK.
Child Law Advice also has advice about family issues and public law proceedings.