Understanding Interim Care Orders and proceedings
An Interim Care or Supervision Order can be a daunting prospect for parents and families – understanding everything involved, and your rights, is crucial to ensuring the right outcome for a child. Our team of specialists are on hand to support you throughout the care proceedings process.
What’s involved in the care proceedings process?
If a local authority has concerns about a child’s welfare or safety, they may apply to the Family Court for a Care Order or Supervision Order. As a parent or carer, you will usually be notified of this application, giving you time to appoint Interim Care Order solicitors and prepare your case.
Legal Aid and support
Importantly, Legal Aid is automatically available free of charge for parents involved in care proceedings when the local authority applies for a Care Order, Supervision Order, or Emergency Protection Order. This means you don’t have to worry about the financial costs of having the best advice and support available to you. Other important family members connected to the child might also be eligible for funding assistance and free Legal Aid. For more details specific to your circumstances, please feel free to speak to one of our team.
Emergency situations
In urgent cases, if the local authority believes it is absolutely necessary to remove a child from their home to keep them safe, they may apply for an Emergency Protection Order (EPO) or an Interim Care Order. An EPO allows the local authority to remove a child for up to eight days, giving them time to apply for an Interim Care Order. An Interim Care Order could place the child with another family member or a foster carer. Alternatively, the court might issue an Interim Supervision Order, meaning the child stays with a parent or family member without the local authority sharing parental responsibility.
Your rights as a parent
As a parent, you have the right to challenge the Local Authority’s application and suggest other ways to keep your child safe. This could involve asking the Court to consider a different type of Order or making alternative arrangements for your child. It is crucial to get proper legal advice to ensure that you fully understand all of your options.
Court proceedings
At the start of care proceedings, the court will set a timetable for submitting evidence and further assessments during a case management hearing. Each case usually involves several hearings, and the goal is to conclude within 26 weeks, though this can vary.
Care proceedings are complex, involving two key decision-making elements:
- The court must determine if the grounds for an order are legally and evidentially valid.
- The court must consider the child’s welfare and future planning before making a Final Order.
The court will also take into account any changes made by the parent since the case began and any new important information.
Possible Final Orders
The Family Court can issue several Final Orders that significantly affect a parent’s legal rights, including:
- Care Order
- Supervision Order
- Child Arrangements Order
- Special Guardianship Order
- Placement Order
- Adoption Order
These orders have a major impact on your legal rights as a parent or carer.
We’re here to help
Being involved in care proceedings can be stressful and daunting and you will need support and specialist advice in this difficult area of law from professional Interim Care Order solicitors.
