Contact with a child in care

This page explains the law regarding contact with a looked after child, including how to apply for contact with a looked after child and what the court will consider.

Who can have contact with a child in care?

Under Section 34(1) Children Act 1989, children's services must allow the child reasonable contact with:

• his parents;
• any guardian;
• any person who held a Residence Order or Child Arrangements Order for residence immediately before the Care Order was made; and
• any person who had care of the child under wardship immediately before the care order was made.

Children's services has a general duty to promote contact with wider family members such as grandparents and siblings under Schedule 2(15) Children Act 1989. This is the default position in the absence of any court orders. 

One of the key principles of the Children Act 1989 is the presumption that there should be continued contact between the child and their family while the child is in the care of the local authority. This is appropriate for care provided under the 1989 Act, where the underlying philosophy is to work in partnership with the family and towards reunification where possible, provided that this is consistent with the individual child’s welfare.

Contact arrangements should be focused on, and shaped around, the child’s needs. The child’s welfare is the paramount consideration at all times and each child’s wishes and needs for contact should be individually considered and regularly assessed. For many children, relationships with members of their family, previous carers, friends and others are valued. For some children some form of contact may provide a positive aid to a successful placement. Contact can be very important in helping children and young people develop their sense of identity and understand their lives and their sense of self.

What if I cannot afford the travel costs for contact?

Children's services have the power (but not the duty) to contribute to or fully fund travel, subsistence, and other contact expenses. The local authority should have a policy on this and will usually fund it if the circumstances justify payment because it would otherwise cause undue financial hardship.

Do I have a right to know where my child is staying?

The local authority shall take reasonable steps to keep parents and other individuals with parental responsibility informed of the location of the child in care. The local authority may withhold this only if there is substantial cause to believe that disclosing the information will jeopardise the child's wellbeing.

What if I am unhappy with the level of contact children's services are allowing?

• Talk to the child's social worker.
• Ask for written reasons for the level of contact that you are currently having.
• Make proposals for the type of contact you seek - e.g. supervised, in the community, at home and demonstrate why this is in the best interests of the child.
• If you cannot resolve the situation amicably, you can apply to court for an Order for contact with a child in care.

How do I apply for an order for contact with a child in care?

If you are unhappy with the level of contact that children's services are allowing, you can apply for contact under Section 34 Children Act 1989. This is a different application to an application for contact under a Child Arrangements Order (Section 8 Children Act 1989).

To apply for this order:

• You need to complete a C1 form (or a C2 form if in existing court proceedings) and the supplement form C15.
• If you are the child in care's parent, guardian or special guardian, or if you held a Residence Order or Child Arrangements Order for residence immediately before the care order was made, you will not need the court's permission to make the application.
• If you are any other person (e.g. sibling or grandparent), you will need to seek the court's permission. To grant leave, the court must be satisfied that there is a real prospect of success.
• You need to give notice to the local authority, any person who is caring for the child when you make the application and any person with parental responsibility for the child.

Can I get any help with legal costs?

If there are current care proceedings and you are the child's parent or person with parental responsibility, the Legal Aid Agency may fund the costs of the contact order application. If there are no ongoing care proceedings, or if you do not have parental responsibility for the child, you can check whether legal aid is available for your case. You can also pay privately or represent yourself. Check with your local court for the exact application fees.

What type of contact can be granted?

The court can set conditions on the contact, such as that it be supervised, overnight, in the community, or solely indirect (by letters, emails, or phone calls). It can also specify that certain other people are not allowed to be present during contact. Contact can be given for a period of several days.

What will the court consider when deciding on contact with a child in care?

Courts begin with a presumption that reasonable contact between parents and children should be maintained, particularly in the short term. The court will weigh the benefits and drawbacks of contact. The court will evaluate the impact of contact on the child's long-term goals, taking into account the likelihood of the child returning home.

The Court of Appeal ruled that contact can be ordered where the application is an attempt to set aside a Care Order, if it is for the child's welfare and the parent can demonstrate a change in circumstances that the local authority should have thought about when considering the child's care plan.

The Court of Appeal has also recognised that continuing contact can:

• give the child the security of knowing their parents love them and are interested in their welfare;
• avoid the damaging sense of loss associated with abandonment;
• create a sense of approval from natural parents about the substitute family; and
• provide a sense of personal and family identity to the child.

When can contact be refused?

The court has the power to make an order allowing children's services to refuse contact with a named person for a child in care. This order can be made by the court in any court proceeding involving the child, including private proceedings.

Children's services can also refuse contact urgently if it is necessary to protect or promote the child's welfare, but this can only last for 7 days. Children's services must provide written explanations for their decisions. Children's services must obtain a court order to refuse contact for more than 7 days. The court can issue an order authorising contact refusal for as long as it believes it is necessary for the child's welfare, but children's services should review this on a regular basis to allow contact to resume as soon as it is safe and appropriate.

What can the court order? 

The court can either order that contact between the relevant person and the child take place or allow children's services to refuse contact. If children's services wishes to allow contact, the court cannot order no contact between a person and a child. Between the first and second hearings, the court can issue an interim order allowing contact or authorising children's services to refuse contact.

Can I apply again if the court authorises refusal of contact?

If the court grants the local authority permission to refuse contact, you must seek permission from the court before filing another application within six months of this decision. If the court believes the application is not in the best interests of the child, it has the authority to deny it.

It is possible for the court to put a barring order in place (under Section 91(14) Children's Act 1989) stopping you from making any further applications for a specified period. If this has happened you will need the permission of the court (form C2) before making another application.

What should I do if a contact order is made and the local authority does not allow contact?

Penalty notices and contempt of court proceedings can be used to enforce the order against the local authority. If this has occurred, we recommend that you contact a solicitor.

Can the contact order be varied or discharged?

A contact order can be varied or discharged by the court if the local authority, child, or person named in it applies. The contact order can also be discharged by the court. If the contact order is discharged, the local authority is still required by Section 34 to provide reasonable contact, unless the court issues an order authorising the local authority to refuse contact.