16 July 2024
What You Need To Know About Care Proceedings - Types of Hearings
In the 3rd of a 3-part series on care proceedings, Childcare Solicitor Sydnee Marsh details the types of hearings involved.
Case Management Hearing
- This is the second formal hearing in Care Proceedings. If the Local Authority do not seek removal, this may be the first hearing you will attend.
- The Court will not be able to make a final decision until all the information has been gathered and assessments completed.
- The Court will direct that the parties are to file statements, reports and assessments and will decide who is to prepare them and what assessments will be necessary. This may include expert assessments (such as a psychologist or paediatrician).
- It is at the Case Management Hearing that you will know when the work being undertaken will be completed and the likely date that the case will conclude. There are unfortunately occasions where extensions are required due to factors beyond anyone’s control.
Issues Resolution Hearing (IRH)
- This Hearing is similar to the Case Management Hearing, in that it will consider the work that has been done, including statements and assessments, and to determine whether the case can conclude or will require a final Hearing.
- The IRH is often used to determine the threshold criteria.
The Final Hearing
- By the time the final Hearing takes place, the Court will have all of the evidence before it from Social Services, parties, and child’s Guardian.
- This Hearing will be used to determine issues surrounding threshold and welfare.
- If the threshold criteria has not been agreed or determined by the Court at the IRH, the Court will need to hear submissions or evidence in respect of the allegations.
- The Local Authority will put its case first, then the parents and finally the Court will hear from the children’s Guardian.
- The Court will use the final Hearing to determine where the child shall live.
- It is at this Hearing that the Court will consider making long term Orders.
- The Court can consider making long term Orders at the IRH, however it is more common that the final Hearing is used to decide the child’s placement, if no agreement is reached.
