When a child’s safety or well-being is at serious risk, the local authority (usually social services) may step in and ask the court for legal powers to protect them. This is where a care order comes in. But what does that actually mean, and how does it affect families? In this post, we’ll break down what a care order is, when it’s used, and what happens once one is made.
Why Would A Care Order Be Considered?
A care order would be considered by the court when there are serious concerns about a child’s safety, well-being, or development, and ultimately when it looks like the child is at risk of significant harm and isn’t getting the care they need at home.
What Potential/Visible Harm Could Be Occuring?
The process can be different for different families, and this all comes down to the extent of the following: Here are some of the main reasons a care order might be considered:
1. Risk of Significant Harm
- This is the legal threshold. The court needs to believe that:
- The child is suffering or is likely to suffer significant harm
- And the harm is due to the care they're getting (or not getting) from the parent or caregiver
2. Neglect
- Child’s basic needs (food, clothing, medical care, hygiene) are not being met
- Unsafe or unsanitary living conditions
- Lack of supervision or emotional support
3. Physical or Emotional Abuse
- Signs of injuries, unexplained bruises
- Constant shouting, threats, humiliation, or exposure to violence in the home
4. Parental Issues Impacting Care
- Drug or alcohol misuse
- Untreated mental health problems
- Domestic violence in the home
- Criminal behaviour or imprisonment affecting the child
5. Failure to Engage with Support Services
If social services have offered help (like parenting support, family plans, or voluntary arrangements), and the parent:
- Refuses to cooperate
- Doesn’t make the changes needed
If this occurs, then a care order might be considered as a more serious step.
6. Previous History of Harm
- If a parent has lost other children to the system before
- Or there’s a known pattern of risk (e.g., repeated removals, past abuse cases)
A care order isn’t about punishing parents, it’s about protecting the child when there’s no other safe option. It’s usually a last resort after trying other routes like support plans or voluntary care.
What Does A Care Order Do?
Now that we have covered what it is and what is considered a factor to be the factors to put forward in a care proceedings case, it would be useful to understand what care order does and puts in place.
A Care Order gives the local authority parental responsibility for the child. This means they can make decisions about the child’s upbringing, education, and where they live. This also means they share parental responsibility with the parents, but the local authority has the power to override decisions if there’s a disagreement.
The outcome often results in the child being placed in foster care, a children’s home, or sometimes with family members (called kinship care). Overall, a care order allows the local authority to protect the child if there are concerns about their safety or welfare.
Different Types Of Care Orders
There are actually different types of care orders that are completely different. The two are an interim care order and a full care order. But what is the difference?
An interim care order is temporary and is more of a standstill care for the child while the court gathers more information. The local authorities will share care for the child as well as the parents, yet with more power for overriding decisions. It is very much within a shorter time span and can last for 8 weeks to begin with, and can be renewed every 4 weeks until the court makes a final decision.
A full care order differs and is much more long-term. It is also the final order after all evidence has been heard and discussed. This is put in place when the child is definitely not in a stable home. This order lasts until the child is 18 unless its discharged earlier or the child is adopted.
How Can Expert Solicitors Help?
At Broadbents Solicitors, we can provide you with a dedicated Solicitor who will help you to navigate through the legalese of the situation, help with Court proceedings, and help to deal with the Local Authority. As a parent in this situation, you will qualify for free Legal Aid, and if you are not a parent, you may still be eligible. We can help with your application to ensure you receive the funding that you are entitled to.
As expert solicitors, we can create tailored approaches to your current situation and do the best for all parties involved. We can clarify the rights of everybody, from parents to local authorities.
Everybody involved can be assured that our services will ultimately benefit the child, as that is the main priority of the case. With us working with social workers and communicating directly with all, there is no reason the child will not fulfill a comfortable and brilliant future in the safest way possible.
Creating The Best Outcomes For Youth - Broadbents Solicitors
At Broadbents Solicitors, we have helped children and families with care orders for decades. Our main goal is to create the best possible outcome for those who deserve it and is this case, a well looked after child is the forever goal. Contact us today and our professional team will be happy to help.
We offer care order services in Heanor, Alfreton, and Derby!
