Care Orders

An Interim Care Order is a temporary Order made by the Court until a Final Care Order can be made.

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Your local authority can apply for a Care Order if it is worried that your child is suffering or might be at risk of suffering significant harm. This can be done under the 1989 Children Act.

It is usually the social services department of your local authority who will apply for a Care Order, but on the rare occasion the NSPCC may apply.

A Care Order may be ‘final’, meaning it is made at the end of a Court case. Or, it might be an Interim Care Order, meaning it has been made while the Court case is ongoing.

If a Care Order is made, whether interim or final, your child will be placed under the care of the local authority, giving them parental rights over your child.

To do this, a judge will have to prove that your child is, or is at risk, of suffering significant harm. As the parent, you are given a chance to argue against this during a Court case.

If you or someone you know is dealing with a Care Order, interim or final, you should speak with an experienced Cartwright King child care solicitor as soon as possible. Remember that parents are entitled to free legal advice in these matters.

If made, a Care Order will give the local authority parental responsibility, which it will share with anyone who already has it, such as the child’s parents. This means the local authority will have the power to make decisions about your child’s life, such as who the child should live with, and may be able to override you in certain circumstances.

The Care Order will last until your child is 18 years old, unless it is cancelled sooner. This is known as ‘discharged’. Care Orders cannot be made if a child has reached the age of 17, or 16 if the child is married.

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Whether a Care Order is interim or final, the local authority has to make sure you have reasonable contact with your child. This is a legal obligation that the local authority cannot ignore.

If the local authority wants to stop contact between you and your child for more than seven days, it needs a Court order to do so. The Court can authorise the local authority to refuse contact if there is evidence that this will improve the child’s welfare.

Any parent may ask the Court for an order if they think the local authority is not allowing them enough contact.

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If a Care Order is granted, the local authority becomes responsible for making sure that the child receives appropriate care and that they are looked after by suitable carers.

Whether there is an interim or final Care Order, the local authority will regularly review the child’s arrangements, including the child’s contact with family members and the child’s health, medical and educational needs.

These are included in the child’s care plan. All local authorities have to appoint an independent reviewing officer who will ensure that the child’s care plan meets his or her needs and that the local authority complies.

It is important to remember that the local authority has a duty to try to keep your child within the family if it is safe and in the child’s best interests. This means it has to consider whether both parents can look after the child.

It also has to look at whether other family members (or other people connected to the child) can look after the child. It is only when these options have been considered and ruled out that the local authority will want the child to be placed in foster care, a residential home or ask for the child to be adopted.

Even if there is a Care Order, parents or family members can still look after children, it just means that the local authority will still be heavily involved in the family’s life.