There are circumstances where a local authority may have concerns about the welfare of a child in the care of its parents and seeks to intervene by applying for a court order.  These concerns can be as a result of referrals from other agencies such as education, health, police or as a result of their own enquiries.   

There are various orders which can be sought, and the court will have to determine which is the most necessary and proportionate in the best interests of the child which is the court’s main consideration.

When can a local authority apply for a care order?

One of the options available to the local authority is by making an application for a care order. A care order can be granted as an interim order whilst care proceedings are ongoing, and assessments undertaken, or they can be granted as final orders at the conclusion of proceedings. A care order can only be granted before a child’s 17th birthday.    

On application the local authority must show that they have grounds based on factual evidence known as ‘threshold ’ that the children are suffering or likely to suffer significant harm.  At an interim stage, the test is that there are reasonable grounds for believing the child is suffering or likely to suffer significant harm whilst further enquiries are made and evidence obtained. 

Secondly the court has to consider the child’s welfare with reference to what is known as the ‘Welfare Checklist’ to determine what is in the best interests of the child and whether a child should be removed from their parents.  The court has to be satisfied that the making of an order is necessary and proportionate and that their safety demands immediate separation, being satisfied that no level of support package would mitigate the risks identified. 

What happens if a care order Is granted?

If a care order is granted, it provides the local authority with parental responsibility so it can make decisions as to what is in the child’s best interests and determine where the child should live and what contact the child should have with their family. 

A care order does not remove the parent’s parental responsibility, it means the local authority will share the responsibility with the parents in making important decisions for the child.  There are circumstances where the local authority can exercise its parental responsibility and override the parent’s decision making however the local authority must demonstrate it is necessary to safeguard the welfare of the child and must provide notice of this to the parents before doing so.

An interim care order can only be granted until the conclusion of the care proceedings or until further order granted by the court.  A final care order will last until the child turns 18 years of age or an application is made to discharge the order if there has been a significant change in circumstances since the care order was granted. 

Under the care order, whether it be an interim or final order, the local authority will devise a care plan which will include detail as to where the child should live, who the child should have contact with, whether the child has any specific health or education needs and identify what support will be made available to the family.  As part of its care plan, the local authority will determine whether the child can be placed with family members or friends under the care order, or whether the child should be placed in foster care or children’s home.  In exceptional cases the child can remain at home under a care order.

The responsibilities of the local authority after a care order is granted

The local authority has a number of responsibilities towards the child following a care order being granted including the following:

• Providing accommodation
• Ensuring that those caring for the child have the proper training and support both practically and financially
• Protecting their welfare
• Consulting the child and those with parental responsibility before making any decision about their care arrangements
• Regularly reviewing the suitability of the care order
• Ensuring that any decisions made align with the child’s cultural, racial and religious heritage
• Regularly reviewing the care plan through the child in care process and independent reviewing officer
• Ensuring there is a plan and package of support in place for when the child turns 18 years of age and becomes a care leaver.

Funding child care proceedings

When the court is being asked to considering making an interim care order or final care order, parents are automatically entitled to legal aid to assist with all legal fees and allow them to be represented throughout. Our care team specialise in these types of proceedings and can provide advice in respect of your case.

How our child care law solicitors can help

At Switalskis, our experienced child care law solicitors specialise in representing parents and carers in care proceedings.

We understand how distressing and overwhelming it can be to face the possibility of your child being removed from your care. We will explain your rights, guide you through every step of the process, and work tirelessly to help you achieve the best possible outcome for your family.

Call us on 0800 1380 458 email help@switalskis.com or use the form below and we will help in every way we can