Care Proceedings And The Different Types Of Care Orders And Other Child Orders With Regards To Looked After Children
There are many court orders local authority child services can ask a family court to grant. If child services believes a child is at risk or is in danger, is in need, is homeless, is alone, is neglected or has no one to look after them and they need somewhere to live they can submit an application to the family court and if the family court agrees they can take the child into their care.
Once a child is in the care of local authority child services they are known as a looked after child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A LOOKED AFTER CHILD?
WHAT IS A CARE ORDER?
A care order is a court order granted by a court where local authority child services is given responsibility to look after and care for a child they believe is at risk, danger, needs help, is neglected, or needs housing.
There are many different types of care orders that a local authority can apply for.
A care order cannot be made for a child who is 17 years of age and older.
If a parent agrees to their child being taken into local authority care and becoming a looked after child then a care order is not required. It is only required where the parents do not agree.
A care order can last until the child is 18 years of age, until the child is adopted, gets a special guardianship or until the court itself discharges/stops the care order.
WHAT ARE CARE PROCEEDINGS?
Care proceedings is a court hearing where the application for a care order made by the local authority is heard by a judge or magistrate. Evidence is presented, cases are put forward, witnesses can be called and decisions are made.
Care proceedings can be held in an emergency if required, can consist of just one court hearing or there may be the requirement for a few hearings to decide what is in the best interest of the child.
Care proceedings are often the last resort for the local authority. Their social workers will try and work with the family to address and rectify issues before starting care proceedings unless an emergency care order is needed.
WHO CAN REMOVE A CHILD FROM WHERE THEY LIVE IF THEY ARE AT RISK, IN DANGER OR NEGLECTED?
Only the following can remove a child from their parents or anybody else who has parental responsibility for them:
- THE COURT – The court can order the removal of a child by granting a court order to the local authority. Local authority social workers can then take the child into their care.
- THE POLICE – The police can remove a child and place them in another accommodation for up to 72 hours to safeguard the child.
WHO CAN MAKE AN APPLICATION TO THE COURT FOR A CARE ORDER?
There are only 2 organisations that can submit a care order application to the court:
- The local authority child services
- The NSPCC (national society for the prevention of cruelty to children)
LINK TO OUR L.I.P HELP GUIDE FOR NSPCC
HOW LONG CAN A CARE ORDER LAST FOR?
A care order can last until a child is 18 years of age
WHAT DOES THE LOCAL AUTHORITY HAVE TO PROVE TO THE COURT FOR THEM TO GRANT A CARE ORDER?
Under section 31 of the children act 1989 the court will only grant the local authority a care order for a child if the local authority has proved to the court that a child is at risk, in danger, is severely neglected, is in urgent need of housing, or there is no one to look after the child to name a few.
This is called meeting the ‘threshold’ criteria for a court to make a care order.
LINK TO GOVERNMENT WEBSITE FOR SECTION 31 OF THE CHILDREN ACT 1989
DOES THE LOCAL AUTHORITY CHILD SERVICES GET PARENTAL RESPONSIBILITY FOR A CHILD IF THE COURT GRANTS THEM A CARE ORDER?
Under section 33 of the children act 1989 local authority child services will get shared parental responsibility if the court grants them a care order. They will share parental responsibility with the parents of the child or with a person who has parental responsibility.
Child services will make decisions (where possible with the input of the parents or the person with parental responsibility) about the child’s welfare, where the child will live, and educate.
In terms of safeguarding the child, the local authority child services will have higher parental responsibility than the parents or any other person with parental responsibility.
LINK TO GOVERNMENT WEBSITE FOR SECTION 33 OF THE CHILDREN ACT 1989
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
WHAT OTHER RESPONSIBILITIES AND DUTIES BESIDES SHARED PARENTAL RESPONSIBILITY DOES A CARE ORDER GIVE LOCAL AUTHORITY CHILD SERVICES?
A care order granted by the court gives local authority child services the following responsibilities and duties:
1. Under section 22G of the children act 1989 child services has to provide accommodation and maintenance for the child.
LINK TO GOVERNMENT WEBSITE FOR SECTION 22G OF THE CHILDREN ACT 1989
2. Under section 33 (1) of the children act 1989 child services has to keep the child in care for the whole period the care order is active.
LINK TO GOVERNMENT WEBSITE FOR SECTION 33 (1) OF THE CHILDREN ACT 1989
3. Under section 22 (3) of the children act 1989 child services is responsible for safeguarding the child and nurture and develop the child’s welfare.
LINK TO GOVERNMENT WEBSITE FOR SECTION 22 (3) OF THE CHILDREN ACT 1989
4. Regularly review if the care order needs to be removed.
5. The independent reviewing officer (IRO) will need to review the care plan
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A LOOKED AFTER CHILD – IRO
6. To help the child so they can manage once they are no longer a looked after child.
7. Under section 22 (4) of the children act 1989 local authority child services and their social workers must take the wishes and views of the child, the child’s parents and the person with parental responsibility into account when decisions are made.
LINK TO GOVERNMENT WEBSITE FOR SECTION 22 (4) OF THE CHILDREN ACT 1989
8. The local authority must ensure the child is not brought up in any other religious environment other than that of the family they have been removed from.
9. Whilst under their care, the local authority must ensure the child does not use or is given another surname.
10. Whilst under their care, the local authority must ensure the child is not taken to another country outside the UK for more than 28 days. If a child is to be taken abroad for more than 28 days written consent is required from the child’s parents or the person with parental responsibility.
WHAT WILL THE LOCAL AUTHORITY DO AND WHAT WARNINGS WILL THEY GIVE TO THE PARENTS OR THE PERSON WITH PARENTAL RESPONSIBILITY FOR THE CHILD BEFORE THEY SUBMIT AN APPLICATION FOR A CARE ORDER TO THE COURT?
If local authority child services believe a child is at risk, they will have sent their social workers to meet with the parents or the person with parental responsibility of the child to ascertain the situation. The social workers will try and work with the family to find solutions and keep the family together.
If there is still concern that the child’s situation is not changing or getting worse the social workers may request the parents or the person with parental responsibility to come and talk at their offices to find solutions or perhaps meet with other organisations to resolve issues.
If things are not improving the local authority child services will issue a ‘LETTER BEFORE PROCEEDINGS’ to be sent to the parents of the child or the person with parental responsibility. The letter before proceedings will inform them that if things do not improve then child services will make an application to the court for a care order.
Only as a final resort the local authority will apply to the court for a care order to take the child into care.
When this happens the parents or person with parental responsibility will receive a ‘LETTER OF ISSUE’ informing them local authority child services now intend to make an application for a care order and proceedings have commenced or will commence.
The parents or the person with parental responsibility will be required to attend any court hearings that are listed.
WHAT HELP CAN THE PARENTS OR THE PERSON WITH PARENTAL RESPONSIBILITY GET ONCE A LETTER BEFORE PROCEEDINGS OR A LETTER OF ISSUE HAS BEEN SENT?
If a ‘letter before proceedings’ or a ‘letter of issue’ is sent to the parents or to a person with parental responsibility where care proceedings for a care order or a supervision order are being or have been initiated, they are entitled to ‘NON-MEANS or ‘NON-MERITS’ TESTED LEGAL AID.
This will allow the parents or the person with parental responsibility for the child to be represented in court and in any meetings with the local authority outside the court.
WHAT IS A GUARDIAN AD LITEM?
A guardian ad litem is a person chosen by the court to care for and look after the child’s interests, wishes and rights during care proceedings where social services have made an application for a care order or if adoption proceedings are contested.
WHAT IS VOLUNTARY CARE?
Voluntary care is when the parents of a child or the person with parental responsibility agrees that the child in question should be cared for and housed by the local authority.
A child in voluntary care is also known as a looked after child.
CAN A LOOKED AFTER CHILD HAVE CONTACT WITH THEIR FAMILY?
If deemed safe and suitable under section 34 of the children act 1989 a looked after child must have some (reasonable) contact with the following:
- Their parents.
- The person who has parental responsibility for them.
- Anyone who cared for them under a court order such as a residence order or child arrangements order just before the child was taken into local authority care.
- Anyone who cared for them under a wardship just before the child was taken into local authority care.
LINK TO GOVERNMENT WEBSITE FOR SECTION 34 OF THE CHILDREN ACT 1989
If deemed safe and suitable under schedule 2 (15) children act 1989 local authority child services should also help a child keep in touch with their grandparents, siblings and wider family.
LINK TO GOVERNMENT WEBSITE FOR SCHEDULE 2 (15) CHILDREN ACT 1989
LINK TO OUR L.I.P HELP GUIDE FOR FAMILY CONTACT FOR LOOKED AFTER CHILDREN
WHAT ARE THE DIFFERENT TYPES OF CARE ORDERS AND OTHER CHILD ORDERS A COURT CAN GRANT TO LOCAL AUTHORITY CHILD SERVICES WITH REGARDS TO A LOOKED AFTER CHILD?
INTERIM CARE ORDER – This is a temporary care order which allows the local authority to take a child into their care whilst care proceedings are being heard and are in progress. An interim care is often granted by the court where the local authority believes a child is in imminent danger or at risk.
As with a care order when a court grants the local authority an interim care order they will get shared parental responsibility for the child.
An interim care order normally lasts for about 2 months. After this it can be renewed after every 28 days as many times as the local authority requires.
CARE ORDER – As stated above a care order will give local authority child services shared parental responsibility of the child. They can make important decisions about the child’s future, where and with whom the child shall live and about the overall welfare of the child.
CHILD ASSESSMENT ORDER – An assessment order is one that is granted by the court so that a local authority social worker can assess a child’s health and well-being to ascertain whether the child has been harmed or is at risk of being harmed.
EMERGENCY PROTECTION ORDER – A local authority social worker will ask the court to grant an emergency protection order where they believe a child is in grave imminent danger or harm.
This order can last for up to 8 days during which the local authority social worker can apply to the court for a care order.
Any person can make an application for an emergency protection order, not just a local authority social worker. The form you will need is form C110a.
LINK TO OUR L.I.P HELP GUIDE FOR FORM C110A
PLACEMENT ORDER – A local authority social worker will make an application to the court to grant a placement order for a child to be put up for adoption. This will happen where no other suitable accommodation has been found for the child.
SUPERVISION ORDER – A supervision order is where a child stays with the parents or with the person with parental responsibility and the local authority social worker will help the family improve their situation, oversee the improvements, support the family where necessary, visit the family and offer resources to help the family. A supervision order lasts for 12 months. After this period it can be increased to a further 36 months if required.
EDUCATION SUPERVISION ORDER – This court order requires the local authority education services to oversee and manage the education of a child of compulsory school age (between 5 years and 16 years of age) who is not being educated properly.
ADOPTION ORDER – An adoption order is where the court grants a couple or an individual parental responsibility for a child. The child will become part of their family and a new adoption certificate will be issued to replace the original birth certificate. The birth parents, or the individual(s) with parental responsibility will lose this responsibility once the adoption order has been granted.
DISCHARGE OF A CARE ORDER – A local authority social worker can make an application to the court to remove a care order. The social worker believes that the local authority does not need shared parental responsibility for the child. The parental responsibility can be fully returned to the parents or the person with parental responsibility.
YOUTH REHABILITATION ORDER (YRO) – A youth rehabilitation order is ordered by a court when an individual below the age of 18 years when they are sentenced in a court for a criminal offence. The individual must obey the directions in the order. The court can direct the individual to observe a curfew, unpaid work, community service, meet with a youth offending team worker, drug treatment, supervision, mental health treatment, surveillance and can prohibit them from doing something.
A youth rehabilitation order usually lasts for up to 3 years.
CHILD SAFETY ORDER – A child safety order is usually imposed by the court on a child 10 years and younger when the child breaks the law, commits an offence or does not adhere to a curfew. A child 10 years old and under cannot be charged with a criminal offence. A child safety order can last from 3 months to 1 year. If the child continues the bad behaviour the court then may order the child to be taken into care and become a looked after child. The child’s parents can be prosecuted if they are found negligent.
There are other court orders relating to children discussed elsewhere in this website. The links to them are:
CAN THE PARENT OR A PERSON WITH PARENTAL RESPONSIBILITY ASK THE COURT TO REMOVE THE CARE ORDER?
Yes they can. The court form used to submit an application to remove the care order is called form C110a. Please click on the link below. You will be taken to the page where you will be explained where to download it, how to fill it in, what to send with it and where to send it.
LINK TO OUR L.I.P HELP GUIDE TO FORM C110A
WHAT USUALLY HAPPENS WHEN A CARE ORDER IS GRANTED AND YOUR CHILD IS TAKEN INTO CARE?
If a care order is granted by the family court and your child is taken into the care of your local authority they will share the parental responsibility for your child. Your local authority will make decisions and take care of your child’s accommodation, their education and their overall welfare. They can arrange an advocate to speak on behalf of your child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A LOOKED AFTER CHILD
LINK TO OUR L.I.P HELP GUIDE FOR SECTION 20 ACCOMMODATION
LINK TO OUR L.I.P HELP GUIDE FOR ADVOCATING FOR A LOOKED AFTER CHILD
LINK TO OUR L.I.P HELP GUIDE FOR FAMILY CONTACT FOR A LOOKED AFTER CHILD