A Care Order allows for a child to be placed in the care of the Local Authority. The Local Authority have a duty to provide suitable accommodation for the child in their care and to ensure that the child`s welfare responsibilities are met In accordance with the Children Act 1989.
A Care Order allows the Local Authority to share Parental Responsibility with others who hold this and the power to determine the extent to which the child’s parents exercise their responsibility with a view to safeguard or promote the child’s welfare.
The Court can only make a care order if they are satisfied that the threshold criteria is met.
Section 31(2) of the Children Act 1989 sets out the criteria that must be met by the Local Authority when they make an application to the Court for a Care or Supervision Order.
The threshold criteria is as follows:
A court may only make a care order or supervision order if it is satisfied-
Once the Local Authority have submitted an application to the Court, the Court will make directions for the parents to respond to the Local Authority’s initial evidence.
The parents will then be able to respond to the Local Authority’s threshold document and set out whether they accept or deny the points raised by the Local Authority.
The parents will then have the opportunity to draft an initial statement setting out their position and responses to the Local Authority in more detail.
If the Court does find significant harm has occurred or is likely to occur, then the second stage for the court to consider is whether removal of the child from the care of the parent or guardian is required.
The test applied is “whether the child`s safety is at risk and whether there is a risk of imminent harm., If so, any removal should be proportionate to the actual risks faced and the knowledge of alternate arrangements which would not require separation”.
If the above test has not been satisfied then the Court will not allow the Local Authority permission to remove the child from the care of the parent or guardian. In this case they may grant the Interim Care Order allowing the child to continue to reside in the care of the parent or guardian.
It will usually take up to 26 weeks for a court to decide what should happen to the child. If a case is complex then the proceedings can take longer. Interim Care Orders will usually be made throughout this 26 week period as long as the criteria for the same is satisfied.
Interim care orders are initially put in place for a specified period of up to a maximum of 8 weeks, after which point they will be kept under review.
A Final Care Order will last until the child is 18, unless it is brought to an end earlier.
The Court is unable to grant a Care Order if the child is 17 years of age at the time the application is made.
It is important to note that a Care Order if granted automatically discharges any existing Child Arrangements Order or Supervision Order. A Care Order would also bring any Wardship Order to an end.
A Care Order is automatically discharged when a Special Guardianship Order or Child Arrangements Order dealing with the living arrangements of a child is made.
If the Court is not satisfied that the Local Authority has reasonable grounds to apply for a Care Order or any other type of Court Order, then a Court Order will not be granted.
Under the Children Act, the Court will always rule that no order should be made unless it is in the best interests of the child for the order for to be made. The paramount consideration of the Court is always the welfare of the child.
Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law. Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.
Duncan Lewis Solicitors are able to provide free legal aid for these types of applications if you are the subject child, a biological parent or someone with parental responsibility for the subject child. Duncan Lewis Solicitors are also able to potentially provide free legal aid to any other respondent in such an application such as a family member, however such an application maybe means and merit tested. Our Children Law team are able to discuss funding options with you and can assess you for legal aid.
A fixed fee quote or a quote or the hourly rates charged by your legal representative may also be provided. Potential quotes for such funding will be confirmed with you in advance of any work being undertaken on your matter.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.