Care Orders Solicitors
We provide a free legal aid assessment for child care cases, helping you find out if you’re eligible for support with your legal fees.
At a Glance
A Care Order is a court order issued under Section 31 of the Children Act 1989 placing a child under the care of a Local Authority. It grants the authority ‘Parental Responsibility’, allowing them to make decisions about the child’s welfare, accommodation, and upbringing, effectively sharing responsibility with the parents.
What is a Care Order?
The Legal Threshold
A court cannot grant a Care Order simply because Social Services requests one. Under Section 31 of the Children Act 1989, the court must be satisfied that the “Threshold Criteria” have been met.
The Judge must believe that:
- The child concerned is suffering, or is likely to suffer, significantharm; and
- That the harm, or likelihood of harm, is attributable to the care given to the child (or likely to be given) if the order were not made.
Interim Care Orders (ICO)
At the start of proceedings, the court may issue an InterimCareOrder. This is a temporary measure that usually lasts until the final hearing, allowing the Local Authority to share parental responsibility while the investigation takes place. This does not always mean the child is removed from the home. Instead, they may remain with parents, grandparents, or foster carers during this period.
The Care Proceedings Timeline (The Public Law Outline)
Historically, cases could go on for over 40 weeks. However, the Children and Families Act 2014 introduced a strict statutory time limit to reduce uncertainty for the child.
Cases must now conclude within 26 weeks (around 6 months), unless there are exceptional circumstances.
| Stage | Timeframe | What Happens? |
| Stage 1: Application | Day 1 | The Local Authority submits the application to the court. |
| Stage 2: Case Management Hearing. | Day 12-18 | The court decides what evidence/assessments are needed. |
| Stage 3: Issues Resolution Hearing. The | Week 20 | Issues Resolution Hearing. The court sees if parties can agree on an outcome without a final trial. |
| Stage 4: Final Hearing | Week 26 | The Judge makes a final decision (Care Order, Supervision Order, or Dismissal). |
Your Rights During Care Proceedings
Parents Rights During Care Proceedings
You are automatically a party to the proceedings, and you have the right to contest the Local Authority’s evidence, read the statements made by Social Workers, and propose family members (such as grandparents or aunts) as alternative carers.
The Child (CAFCASS & Guardian)
Your child will be appointed a Children’sGuardian from CAFCASS (Children and Family Court Advisory and Support Service). The Guardian’s role is to act solely in the best interests of the child, independent of what the parents or Social Services want. They will appoint a solicitor for the child.
Grandparents & Kinship Carers
Grandparents do not have automatic parental responsibility. However, if a child cannot live with their parents, the Local Authority must explore family placements (Kinship Care) before considering adoption or long-term foster care. We can assist family members in applying for a Special Guardianship Order (SGO) to secure the child’s future within the family.
The Outcomes
What Orders Can the Court Make?
At the Final Hearing (Week 26), the Judge will make one of the following decisions:
- Full Care Order: The Local Authority shares parental responsibility until the child turns 18. They decide where the child lives (often foster care or with family).
- Supervision Order: The child remains at home, but Social Services have a legal duty to “advise, assist, and befriend” the child. This usually lasts for 12 months.
- Placement Order: If the court decides the child cannot return home and no family members are suitable, they may authorise the child to be placed for adoption.
- No Order: The case is dismissed, and the Local Authority withdraws.
Can a Care Order be Discharged?
A Care Order can be discharged as it is not necessarily permanent. If you can prove a significant change in circumstances (e.g., recovery from addiction, leaving an abusive relationship, stable housing), you can apply to discharge the Care Order and have your child returned to your care.
Why Choose Cartwright King?
At Cartwright King, we provide expert support backed by recognised legal expertise. Many of our solicitors are accredited members of the Law Society Children Panel, ensuring you receive specialist advice when it matters most. As Legal Aid contract holders, we remove the financial worry from your case, allowing us to deploy our team immediately, often at short notice for emergency hearings, without you having to worry about legal fees.
With court proceedings statutorily set to conclude within 26 weeks, our team works from day one to ensure you have steady, professional support throughout this timeline.
Frequently asked questions.
Will I have to pay for legal advice?
If Social Services (the Local Authority) have issued care proceedings or a “Letter Before Proceedings” (PLO), you are automatically entitled to Legal Aid. This means your legal representation is free, regardless of your income or financial situation. We can handle the application for you immediately.
Can I get a Care Order stopped or discharged?
Yes, a Care Order is not necessarily permanent. If you can demonstrate a significant positive change in your circumstances since the order was made (such as stable housing or leaving a difficult relationship), you can apply to the court to discharge the Care Order. We can advise you on the likelihood of success and guide you through this process.
What is the difference between an Interim and Final Care Order?
An Interim Care Order (ICO) is temporary. It is granted at the beginning of the 26-week court timeline to protect the child while assessments take place. It does not automatically mean the child will be adopted or removed permanently. A Final Care Order is made only at the end of the proceedings (Week 26) if the court decides the child cannot return home.
Can grandparents apply to care for the child?
Yes. When a child cannot live with their parents, the Local Authority has a duty to look for placements within the wider family (Kinship Care) before considering foster care or adoption. We can assist grandparents or aunts/uncles in applying for a Special Guardianship Order (SGO), which gives you legal security to care for the child.
What if I disagree with the Social Worker’s Care Plan?
You have the right to challenge the Local Authority’s evidence and their proposed Care Plan. As a parent, you are a “party to the proceedings,” meaning your voice must be heard. Our role is to challenge unfair assessments, cross-examine social workers, and ensure the court considers all viable alternatives to removal.
How long does a care order last?
When a final care order is made, it is in effect until the child turns 18 unless it is discharged prior to this
Can I appeal a care order?
Yes, a care order can be appealed by either you or your child within 21 days of being made.
Who can contact a child under a Care Order?
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.
What are the duties of the local authority toward a child under a Care Order?
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.