3.12 Initiating Pre-Proceedings

Initiating Pre-Proceedings

Once the child protection process has been carried out, it may be deemed by the local authority that there is still not sufficient protection of the child by the parents and that the ‘threshold’ for care proceedings (under section 31 Children Act 1989) has been met in principle.

In this instance, the local authority should determine whether to initiate pre-proceedings and follow the Children Act 1989: Court Orders and Pre Proceedings (Department for Education). 

This decision should be informed by engagement with other relevant agencies. During this period, the local authority should offer family group decision-making, such as family group conferences, to continue to explore potential placements within the family network and to clarify the realistic options available for the child. At pre-proceedings, records of key discussions with the family can be used as evidence of decision-making (see Practice Direction 12A – Care Supervision and Other Part 4 Proceedings: Guide to Case Management (Justice Department).

The pre-proceedings process acts as the final opportunity for parents to avoid care proceedings. Whilst pre-proceedings may be initiated at this final stage as per Flowchart 6 What Happens After the Child Protection Conference, Including Review? (opens as a PDF), where the local authority considers the ‘threshold’ for care proceedings to be met, proceedings can be initiated at any stage.

The local authority should work in partnership with families and, where possible, any extra support or services needed to support the family should be identified and put in place. There should be clear expectations set with parents about the changes they are required to make.

See also Children Act 1989: Court Orders and Pre Proceedings (Department for Education)

When initiating pre-proceedings, practitioners should review Practice Direction 12A – Care Supervision and Other Part 4 Proceedings: Guide to Case Management (Justice Department). The pre-proceedings checklist in this Practice Direction outlines the documentation that must be prepared in pre-proceedings or before and submitted as part of the local authority application for a court order.

Practitioners and strategic leads can also refer to the Pre-Proceedings and Family Justice Hub (Research in Practice)  for access to resources and tools to support the delivery of best practice in pre-proceedings.