The ‘What, ‘Why’ and ‘When’ About Interim Care Orders

In her November blog, Timms Leonnie Watson looks at the ‘what’, ‘why’ and ‘when’ of Interim Care Orders….

What is an Interim Care Order?

An Interim Care Order is a temporary order made by the Court at the beginning of Care Proceedings and places a child in the care of the Local Authority. It also gives them shared parental responsibility with the parent(s) and allows the Local Authority to make decisions about what they think is best for a child even if a parent does not agree. It also places a duty on the Local Authority to promote the welfare of the child/children, to promote contact between parents and the children and to provide the best possible care to them in order to safeguard them.

Why is an Interim Care Order needed in Care Proceedings?

An Interim Care Order will only be made by the Court if it is satisfied that there are reasonable grounds for believing that a child has suffered or is at risk of suffering serious harm and the harm is due to the parenting the child has received or would receive if the order were not made falling below the standard a parent could reasonably be expected to provide (S38(2) Children Act 1989). A child/children will only be removed from the care of their parent(s) if it is absolutely necessary for the child’s safety. As a parent you are entitled to go to the Hearing with a solicitor and argue against the making of this order.

When does an Interim Care Order come into force?

There are lots of steps that have to be taken before the Court will make a Care Order and all other options must be ruled out. The Court, initially, will consider whether an Order must be made despite the Local Authority’s application to make an order. If it is necessary to make an order, the Court will then consider a Supervision Order or other lesser orders to avoid the removal of a child/children from their family home before agreeing to make an Interim Care Order.

If you have any questions relating to interim care orders, please take a look at the Family Law section of our website or contact me on 01332 364436.

Leonnie Watson
November 2019