Parents are entitled to seek legal advice; we would be delighted to represent you in this matter.
What is an interim care order?
An interim care order enables a child to be placed under the care or supervision of the local authority temporarily, whilst court proceedings are ongoing. If the criteria mentioned above are satisfied, the court can grant an interim care order which can last for up to 8 weeks and can be renewed up to 28 days. There is no limit on how many interim care orders can be made.
What is a care order?
A care order allows the local authority to have parental responsibility for a child. The local authority will share the parental responsibility with whoever held parental responsibility before the order was made e.g. the parents. However, the local authority will be able to exercise their parental responsibility above the current parental responsibility holders. In other words, they have the same rights as the child’s parents/carers, but their opinion or decision may outweigh that of the parents/carer in some circumstances.
Purpose of a care order:
The local authority will make an application when they have concerns that a child is suffering or is likely to suffer significant harm. To grant a care order the court must be satisfied that the child is suffering or is likely to suffer harm because of the care they receive or is beyond parental control. Once these criteria are met, the court will consider whether to grant a care order or a supervision order. A care order cannot be made once the child reaches the age of 17 and expires after the child subject to the care order turns 18.
What happens after a care order is made?
The local authority must act in respect of the child, those with parental responsibility and anyone relevant to the child when making a decision. After a care order is granted by the court, the local authority must do the following:
- Take the child into their care
- Provide the child with satisfactory accusation and maintenance
- Safeguard the child’s welfare
- Keep under review whether to apply for a discharge
- Appoint an independent visitor for the child
- Arrange the care plan to be reviewed
- Advice and assist the child with promoting their welfare
Where will a child subject to a care order live?
The local authority will decide where the child will live whilst subject to a care order, they may be placed with a relative, foster parents, a group home or an approved alternative provider.
Who is allowed to have contact with a child subject to a care order?
The local authority must provide certain individuals and those with parental responsibility a reasonable amount of contact with a child who is subject to a care order if applicable.
Discharge of a care order:
An application to discharge a care order can be made by the child themselves, their parents, the local authority or anyone else with parental responsibility. The application must show there has been a significant change in circumstances.
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