Public Child Law Client Guide
There are several types of order that a court can make when a local authority has concerns about a child’s welfare and intervenes within a family setting. This guide provides a brief summary of some of those orders:
- Emergency Protection Order
- Interim Care Order / Final Care Order
- Interim Supervision Order / Supervision Order
- Placement Order
Emergency Protection Order
A local authority can obtain an emergency protection order at very short notice when children are at immediate risk and urgently need somewhere safe to stay for a few nights. These applications are treated very seriously by the court, which will only make the order if it believes the children will suffer harm if they stay where they are currently living (or if they do not stay there), or that they are suffering harm, and that social workers need access to the children urgently to protect them.
The police also have powers to take a child into police protection for up to 72 hours where they believe that child would otherwise be likely to suffer significant harm.
Interim Supervision Order / Final Supervision Order
A supervision order can be made where the local authority has concerns about the standard of care a child is receiving from his or her parents or carers, but is not so concerned as to warrant asking the court to make a care order. Under a supervision order, the child remains with his or her parents or carers and social workers have a duty to advise, befriend and assist the child. The local authority will produce a care plan and a supervision order can impose conditions on the child’s care givers, for example not to abuse drugs. If the conditions aren’t followed, the local authority may seek to return the matter to court to ask for a care order to be made instead.
An interim order is one which lasts for the duration of proceedings or until further order is made to amend this. A Final Supervision Order usually lasts for 6 to 12 months after the proceedings have concluded.
Interim Care Order
This is usually the first step within court proceedings where social workers have become very concerned about a child. The local authority may ask the court to make an interim care order while it investigates matters and considers what longer term plans should be made for the child.
Normally, an interim care order places the child in the care of the local authority on a temporary basis while the situation is assessed. In other cases, the child may continue to live with their parents or carers under conditions.
The local authority must produce a care plan for a child under an interim care order. This sets out what it thinks should happen, such as where the child will live, how they are going to keep in touch with their family, where they will go to school, if there any medical concerns or treatment, how they will pursue hobbies and pastimes and for how long it proposes the child will be in care.
Final Care Order
This is an order by which the court approves the local authority’s care plan for the child, if it believes it is in the child’s best interests to do so. The plan can involve the child living at home, being placed with other members of the extended family, or living in foster care or in a children’s home. Care orders last until the child is 18 or until the court makes a further order.
Please note, that there are alternative outcomes such as:
- The child/children remaining with parents
- The child/children living with family members as long-term carers (Kinship Foster Carers/Special Guardians under a Special Guardianship Order)
- The child/children being adopted (Placement Order)
These Orders will be considered in future articles in more detail.
If you require expert representation within Care Proceedings, please contact contact one of the experts at Battrick Clark.