Child Social Care

Interim Care Order

What is an Interim Care Order?

If the Local Authority is involved with your family, and they have evidence to suggest that your child is at risk of suffering significant harm as a result of the care being provided by his or her parents, then they are able to apply to a local Court to ask the Court to make an Interim Care Order.

What can the Local Authority do if they have an Interim Care Order?

An Interim Care Order means that the Local Authority will share Parental Responsibility for that child. This means that the Local Authority have the power to make decisions about where the child lives and the welfare of the child.

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Get support over Interim Care Orders. Contact Ringrose Law.0333 3580 393Contact Us

Will my child go into care if the Court imposes an Order?

An Interim Care Order will only be put in place by the Courts if they felt it completely necessary. Also if it is in the child’s best interests. An Order means that the Local Authority would have the power to remove a child from its parents care. They will either place the child with other family members or foster carers. However, it really does depend on the individual circumstances for each case.

What do I need to do next?

If you are worried that this will happen to you and your child or it is happening to you then you must contact us immediately. We can act on your behalf, understanding your situation and working together with Social Services, the Courts and the Local Authority to ensure the best outcome for you and your child. We have worked with mat families to ensure we achieve the best possible outcome for them and their child.

For further information or to talk to us contact the Children Law team today at our offices in Boston, Grantham, Lincoln, Sleaford & Newark.

 

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    Further Advice

    FAQs

    If the Local Authority is involved with your family, and they have evidence to suggest that your child is at risk of suffering significant harm as a result of the care being provided by his or her parents, then they are able to apply to a local Court to ask the Court to make an Interim Care Order.

    An Interim Care Order means that the Local Authority will share Parental Responsibility for that child. This means that the Local Authority then have the power to make decisions about where the child lives and the welfare of the child.

    An Interim Care Order will only be put in place by the Courts if they felt it completely necessary and for the child’s best interests.

    An Interim Care Order means that the Local Authority would have the power to remove a child from its parents care and place either with other family members or foster carers if the Court approved that plan.

    However, it really does depend on the individual circumstances for each case.

    If Social Services become involved with your family, often people perceive this as bad news and the Social Worker as an enemy.

    However, the role of the Social worker is that they only have the Childs best interests at heart although you may not agree with their decisions.

    The Social Worker will be coming to your home if concerns have been raised by others such as neighbours, school teachers, doctors or other members of the family.

    The Social Workers aim is to advise you on how best to improve your situation in the hope that the child can remain in your care.

    The Court can decide to make a Care Order if they feel that your standard of parenting has fallen below what would reasonably be expected of a parent and that the child has suffered or at risk of suffering significant emotional or physical harm.

    Often, the Local Authority will give detailed and specific examples of the reasons why they have applied for a Care Order.

    These examples form the “Threshold Criteria” and this criteria must be met in order for the court to make an order.

    The first Interim Care Order will be made for up to 8 weeks. At the end of proceedings if a Care Order is made then they the Care Order will be applicable until the child is 18 years old.

    A Guardian will be appointed for a child during Care Proceedings to represent the child in Court.

    It is important that all parties including the Local Authority, parents and solicitors cooperate with the Guardian as their primary role is the welfare of the child.

    The Guardian will represent the child during Court hearings and will put to the Court what they believe to be the child’s best interests (which may not coincide with either the parents or Local Authority).

    A Court will only remove a child from their parents care if they believe the child is in danger in their current surroundings.

    A Court would not otherwise remove a child from their parents care. Therefore for a child to be returned to the parents the Court and Social Workers need to be satisfied that the Childs best interests are at heart and the child will be bought up in a safe environment, lack of evidence to support this means the child is unlikely to be returned home.

    The Courts and Social Workers will also be looking for the parents to be helpful, cooperative and attend all appointments set on time and demonstrate that they are committed to having their child returned to their care.

    Typically Court proceedings can take approximately 40 weeks. This will depend on the availability of the court and various experts who may be called to give evidence at a final hearing.

    This can vary depending on the case, but can often involve several trips to Court.

    The Court needs to be kept aware as to how the proceedings are going and whether the assessments of you as a parent have been positive or negative ones.

    The Court will also want to know how contact between you and your child is progressing.

    If the child is returned to you and placed in your care, then the Court will issue a ‘No Order’, demonstrating that the Court is satisfied with your standard of parenting and happy for the child to be returned to your care.

    Alternatively, the Court may issue a Care Order or Supervision Order so that the Local Authority can monitor the care of your child and remove the child from your care if they feel that your child is at risk.

    Only if the Court feel that it is completely necessary to remove the child from the parents care, for the child’s best interests, will they do so.

    If this is the case then the Courts will issue a ‘Placement Order’ for adoption. The age of the child can affect whether the Child is placed into adoption or into long-term foster care.

    The older the child the more likely the child will be placed into foster care and a contact order made for you to see the child.

    If you fear that your partner may kidnap your children and take them overseas you should first locate the children’s passports (if they have them) and not allow any unsupervised contact with the children.

    You can also contact the police to issue any alerts if your partner has already taken your child.

    Most importantly you must seek legal advice, what we can do is apply for a Prohibited Steps Order, which would prevent the removal of your child from your care.

    Following on from this, we can then help you put permanent steps in place to prevent your partner from removing your child out of the country.

    Costa Kyriacou Ringrose Law portrait
    Costa KyriacouPartner & Head of Children Law
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    01522 561044
    Laura Hamilton Ringrose Law portrait
    Laura HamiltonSolicitor, Children Law
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    01522 561020
    Charlotte Davison Ringrose Law portrait
    Charlotte DavisonTrainee Solicitor, Children Law
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    01636 343024
    Charley Cook Ringrose Law portrait
    Charley CookTrainee Legal Executive, Children Law
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    01205 311511
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      General enquiries: 0333 3580 393Your local office: NewarkGranthamSleafordBostonLincoln