What is a Care Order?
Proceedings concerning children are governed, mainly, by the Children Act 1989. If children’s social care workers have concerns regarding a child, they will likely follow the Public Law Outline procedure. This procedure is designed to explain the issues as the Local Authority (Children’s Social Care) see them and tries to resolve the problems without requiring Care Proceedings.
If the PLO process is unsuccessful, then the Local Authority will likely initiate Care Proceedings to determine whether a Care Order is in the best interests of the child’s welfare. The application is by way of Form C110A which will need to be served on all people with Parental Responsibility, usually the mother and the father.
Care Orders Explained
A Care Order is an order which places a child in the care of the Local Authority. This order is also known as the child being in care.
Whilst obtaining a Care Order, the Local Authority would also acquire parental responsibility for the child. This will be shared with the other parental responsibility holders. The Local Authority can exercise their parental responsibility above the other people who hold parental responsibility for the child, where it is necessary to act in the child’s best interests and safeguard the child.
Who Can Apply For A Care Order?
A Care Order can only be applied by a Local Authority or an authorised person. At this moment, the only authorised person is the NSPCC.
When Are They Granted?
An application will only be granted where the court is satisfied that a child is suffering from significant harm or is likely to suffer significant harm. Care Orders can be either interim or full.
An order under section 38 of the Children Act 1989 allows the court to make an Interim Care Order where it is satisfied that there are reasonable grounds for believing that the circumstances within Section 31(2) of the Children Act 1989 apply.
A Section 31 Care Order places the child in the care of the Local Authority, with parental responsibility being shared between the parents and the Local Authority. A Section 31 Care Order applies where:
- the child has suffered, or is likely to suffer, significant harm and
- 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, not being what would be reasonably expected of a parent;
- or the child is beyond parental control.
During the Care Proceedings, the Court will expect the Local Authority to set out what plans there are for the child and the Court must be satisfied that the Care Order is in the child’s best interests. The Court will likely hear from experts and the Children’s Guardian.
Applications are only made by the Local Authority when they feel the parent may not work with them to ensure the child is properly cared for, or where parents have significantly harmed the child, or put the child at risk of significant harm.
When a Final Care Order is made the Local Authority share parental responsibility for a child and can make decisions about them. These decisions could include where they live until they attain the age of 18 years and can be made with a plan for a child to live in long-term foster care or perhaps with other family members.
How Long Does A Care Order Last?
An Interim Care Order lasts initially for 8 weeks but may be extended further after reviews. A full Order will last until the child reaches the age of 18.
Next Steps
As a parent, you will naturally be distressed if you discover that the Local Authority is concerned about the welfare of your child.
If a Local Authority wishes to enter into Care Proceedings, you will be made aware either during a PLO meeting or informed by the Local Authority directly. It is crucial that you seek prompt legal advice from a family lawyer upon receipt of the letter to ensure that your case is presented as effectively as possible. Legal aid is usually available to those with parental responsibility in these circumstances.
At GA, our solicitors in Plymouth have vast experience acting for families where the Local Authority has intervened and are on hand to provide you with accredited legal protection should a Care Order be discussed. Please contact us at 01752 203500 or email enquiries@GAsolicitors.com to find out how we can help and instruct one of our expert family law team members.
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