A care order is one of the most serious steps the family court can take in a child protection case. It gives the local authority the legal power to make decisions about a child’s upbringing, including where they live and how they are cared for.
If you are a parent facing court proceedings or involvement from social services, it’s vital to understand what a care order means, when it might be made and how it affects your parental rights. This article explains the process in clear terms to help you make informed decisions and get the right legal support.
What Is a Care Order?
A care order is made under the Children Act 1989 when a court decides that a child is at risk of significant harm and needs to be placed under the care of the local authority.
There are two types:
- Interim care order: A temporary measure used while the court case is ongoing.
- Final care order: A long-term order made at the end of proceedings if the court finds it necessary.
To issue a care order, the court must be satisfied that the threshold criteria have been met. This means the child has suffered, or is likely to suffer, significant harm due to the care they are receiving (or not receiving), or due to the child being beyond parental control.
Who Can Apply for a Care Order and When?
Only the local authority or the NSPCC can apply for a care order, and they must follow strict legal procedures. In most cases, the application follows the Public Law Outline (PLO) process, which begins when a parent receives a “Letter Before Proceedings” from social services.
This letter signals that the local authority is concerned about a child’s welfare and is considering court action. If the concerns are urgent, the local authority can ask the court for an emergency protection order or an interim care order without waiting for the full process to play out.
Legal advice at this stage is essential. Parents with parental responsibility are automatically entitled to free legal aid in these cases, and early intervention can influence the outcome of proceedings.
Effects on Parental Rights and Responsibilities
When a care order is made, parental responsibility is shared between the local authority and the parents. This means the council can make decisions about the child’s day-to-day life, even if the parents disagree.
The local authority can decide where the child lives, who they have contact with, and what support they need. It can also make decisions about medical treatment, education, and religious upbringing.
However, parents do not lose all rights. They still have the right to be consulted on major issues and to challenge decisions they believe are not in the child’s best interests. Legal representation is essential to make sure your voice is heard and your parental rights are respected.
Care Order: Duration, Discharge, and Appeals
A care order can last until the child turns 18, unless the court ends it earlier. However, it is possible to apply to discharge the order if circumstances change and it is no longer needed.
Parents, children (if mature enough), or the local authority can apply to end the order. The court will only agree if it is satisfied that doing so is in the child’s best interests.
You can also appeal a care order if you believe the court made an error. Appeals must be made quickly, usually within 21 days of the order being granted. Your solicitor can advise you on the strength of your case and whether it is worth pursuing.
What Parents Should Do If a Care Order Is Threatened or Made
If social services are considering a care order, you must act quickly. Seek immediate advice from a solicitor who specialises in child protection and public law cases.
Gather any evidence that supports your ability to care for your child safely. This might include medical records, school reports, character references, or proof of changes you’ve made to address past concerns.
Where possible, engage with professionals and follow agreed plans. Showing that you are cooperating and putting your child’s welfare first can influence the court’s view. At ASA Solicitors, we guide parents through this process with practical, honest advice and strong legal representation.
A care order is a life-changing decision for both parents and children. It affects where a child lives, who makes decisions for them, and the future of your family. Understanding your rights and getting legal advice early can make a significant difference to the outcome.
