An Interim Care Order (ICO) is a temporary Order made by the Family Court in proceedings where the local authority has applied for a care order but where the case is not yet ready to be finalised. It gives the Local Authority shared parental responsibility for the child in question. It does not remove any parental responsibility held by parents but does mean the local authority can limit the parents’ use of their parental responsibility if the welfare of the child justifies this.
Before making an interim care order, the Family Court has to consider whether the case meets the legal requirements for such a serious interference with the right to a private and family life.
Under an ICO the Local Authority can make arrangements for the care of a child including where the child should live, whether to stay with their parents or be placed in foster care and what contact they should have with their parents and extended family. It can also be used to limit parents’ attendance at events including school and to arrange vaccinations / medical appointments as well as a range of other issues. An ICO cannot be made once a child has reached the age of 17.
An ICO does not determine the final outcome of care proceedings.
Once an ICO is made the Local Authority will have legal responsibility to care for the child but should still promote contact between parents and the children. Parents and guardians shall be allowed reasonable contact with their child while they are in the Local Authority’s care, unless this contact could harm the child’s wellbeing.
If you have any questions relating to interim care orders, please do not hesitate to contact our Family Team or Lauren on 01179 731 391.
What is the difference between an Interim Care Order and a Care Order?
When a local authority makes an application for a care order it can take up to 6 months for the Court to make a final decision on the application – sometimes longer. An interim care order is a short-term court order which usually lasts until the court is able to make a final decision. A care order is an order which once made lasts until the child is 18 unless there is an application to discharge the order.