Care Orders

This page provides information on the powers of the local authority to take action to protect a child who is suffering harm or at risk of suffering harm. This page focuses on the Care Orders and their implications.

What is a Care Order?

When a child is placed under the care of the local authority, the local authority is given parental responsibility and shares it with current parental responsibility holders, such as the child's parents. However, in order to protect a child's welfare, the local authority may exercise parental responsibility beyond that of current parental responsibility holders.

What is an Interim Care Order?

While care proceedings are ongoing, the court can consider making an Interim Care Order, which places the child temporarily under the care or supervision of the local authority. An Interim Care Order will be issued if the court believes the threshold criteria have been met (see below for the threshold criteria). On the first occasion, an Interim Care Order can last up to 8 weeks and can be renewed for up to 28 days. The number of Interim Care Orders that can be issued is unlimited. When an Interim Care Order is in place, the local authority assumes parental responsibility for the child.

Who can apply for a Care Order?

A Care Order can only be applied for by a local authority or "authorised person". The NSPCC is the only authorised person at present. The court has no authority to initiate care proceedings. If the court believes that care proceedings are necessary in a particular case, it may order that the local authority conduct a Section 37 investigation, which may result in the local authority initiating care proceedings.

When will a Care Order be made?

For a Care Order to be made, the court must be satisfied that the child concerned is suffering, or is likely to suffer, significant harm; and that the harm, or likelihood of harm, is attributable to:

• the care given to the child, or likely to be given to him, if the order were not made, not being what it would be reasonable to expect a parent to give to him/her; or
• the child being beyond parental control.

Section 31 Children Act 1989

These are known as the ‘threshold criteria’. The duty is on the local authority to show that the ‘threshold criteria’ has been met. A Care Order cannot be made once a child has reached the age of 17.

What are the duties of the local authority relating to a child under a care order? 

When a Care Order has been made, the local authority must:

• receive the child into its care for the duration of the Care Order (s 33(1) Children Act 1989);
• provide accommodation and maintenance for the child (s 22G);
• safeguard and promote the child’s welfare (s 22(3));
• before making any decision in respect of the child, the LA must ascertain the wishes and feelings of the child, those with parental responsibility, parents and anybody else relevant to the child, and give consideration to those wishes and feelings (s 22(4));
• keep under review whether to apply to discharge the Care Order;
• appoint an independent visitor for the child in some circumstances;
• make arrangements for the care plan to be reviewed by an Independent Reviewing Officer;
• advise, befriend and assist the child with a view to promoting their welfare once they are no longer looked after.

Please see our page on 'Local authorities’ duties in relation to looked after children' for further information.

What are other effects of a Care Order? 

The following effects of a care order are set out in Section 33 Children Act 1989: 

• The local authority designated to look after the child shall have parental responsibility for the child
• The local authority designated to look after the child shall not cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made. 
• No person may cause the child to be known by a new surname or remove him from the United Kingdom, for a period exceeding 28 days, without either the written consent of every person who has parental responsibility for the child or the leave of the court.

Who will the child live with under a Care Order?

When a Care Order is issued, the local authority decides where the child will live. The child can be placed with their parents, relatives, a children's home, or foster parents. In some cases, a child can be placed with their parents while still subject to a Care Order. If concerns arise, the local authority may place the child in alternative housing at any time. If the situation is critical, this can occur without prior notice to the parents.

Who can have contact with a child under a care order?

Under Section 34 Children Act 1989, there is a duty on the designated local authority to provide the parent(s) and certain other persons, including those who have parental responsibility for the child, with a reasonable amount of contact.

Please see our page on 'Contact with a child in care' for further information.

Can a Care Order be discharged?

An application to discharge a Care Order can be made by the child, the parent, the local authority or any person with parental responsibility. The applicant must show that circumstances have changed significantly since the care order was granted. We strongly advise you to seek independent legal advice if you are considering applying to discharge an order.

The relevant court form required to make the application is the C110a form. 

Can I get legal aid?

If you receive a “letter before proceedings” or “letter of issue” you will be eligible for non-means, non-merits tested legal aid. 

• Letter before proceedings: This letter is sent to the parents where children’s services decide that further time should be given. The letter is intended to warn parents that if the care given to the child does not improve then children’s services will initiate care proceedings.
• Letter of issue: This letter is sent to the parents when children’s services decide it is not in the child’s best interests for the current circumstances to continue and the child should instead be removed and placed in care. The letter explains that children’s services intend to start care proceedings.

We would advise that you seek legal advice and representation in such circumstances. The local authority should provide you with a list of local  solicitors, but can also refer to the following to find solicitors locally:

• Law Society: lawsociety.org.uk/
• Legal Aid Finder: find-legal-advice.justice.gov.uk/

More information on legal aid for family law matters can be found here.