Contesting a Care Order or Interim Care Order: How a Child Care Solicitor Can Help

Contesting a Child Care Order

When social services intervene in family life, the court may issue a Care Order or an Interim Care Order (ICO) if they believe a child is experiencing or is at risk of significant harm. Understandably, this can be very emotionally challenging if not life changing for parents and family members. Fortunately, there may be scope to contest these orders if you don’t agree with the decision. In this helpful guide, our skilled child care team at Tyrer Roxburgh explain how a child care proceedings solicitor can assist you in contesting these orders. We also cover the availability of Legal Aid to support your case.

What is a Care Order?

A Care Order is a legal decision made by the Family Court that places a child under the care of a local authority. It gives the local authority shared but overriding parental responsibility for the child to ensure his or her welfare. This means that once a Care Order is in place, the local authority has the power to make important decisions about the child’s upbringing, including where they live and who they have contact with, regardless of whether you agree or not.

A Care Order is usually issued when the court is satisfied that the child has suffered or is at risk of suffering significant harm under his or her current carers (for example, due to neglect, abuse, or an unsafe living environment). A Care Order can also be issued if it is deemed the child is beyond parental control.

A Care Order usually lasts until the child turns 18 years old unless the court discharges the Care Order earlier.

What is an Interim Care Order (ICO)?

An Interim Care Order is a temporary measure issued while awaiting the full Care Order proceedings to be determined by the court. It is usually sought when a child’s safety is considered at immediate risk such that action needs to be taken right away to protect the child’s well-being . Like the Care Order, it allows the local authority to assume parental responsibility for the child over and above that of their parents.

An Interim Care Order typically lasts for up to 8 weeks but can be extended for up to 28 days.

While under an Interim Care Order, the local authority can take a number of actions while the child’s best long-term living arrangements are being assessed including:

• Removing the child from their parents’ care
• Placing the child in a foster home or children’s home
• Arranging for the child to live with another family member or relative
• Allowing the child to remain at home with parents if appropriate but under strict supervision

Even with such orders in place, there is a duty on local authorities to facilitate a reasonable amount of contact between the child and their parents, guardians and extended family, unless there are serious concerns about the child’s wellbeing.

Contesting a Care Order or Interim Care Order: What Are Your Options?

If a Care Order has already been made and you do not agree with it, you may have two options:

1. Appeal: Appeals can only be made on valid grounds for example if you believe the judge misapplied the law, made a procedural error, failed to take into account important evidence, or there was some other serious issue resulting in a wrong or unjust decision.
2. Apply to Discharge– If circumstances have changed since the Care Order or Interim Care Order was issued, you can apply to discharge it. You will need to prove that the risks that initially justified the order no longer exist.

How to Appeal a Care Order or Interim Care Order

Only those who were parties to the original proceedings can appeal, which includes the local authority, parents, those with parental responsibility or any other family member the court joined in the proceedings. You must use the appropriate court forms, provide detailed grounds for your appeal, and pay the required court fee (unless you are exempt from fees).

Appeals against Interim Care Orders must usually be made by filing an Appellant’s Notice within 7 days of the decision, using form N161 for any court other than the High Court. If you are appealing to the High Court, you will need to use form F161.

Appeals against a final Care Order must be filed within a specified timeframe, usually 21 days of the order being made, using the same forms as for Interim Care Orders.

It is worth noting that on some cases, the judge may specify a different appeal deadline, which must be followed. You may also need permission to appeal before proceeding, depending on which judge made the decision. Permission is only required if the order was made by a district or circuit judge (not for cases heard before magistrates). Ideally, you should request permission to appeal orally at the hearing where it was made. Otherwise, you can apply for permission to appeal and the appeal itself at the same time.

How to Apply to Discharge a Care Order

Applications to discharge existing Care Orders in place can be made by the child, their parent, anyone with parental responsibility or the local authority. To discharge an order, you must be able to show significant and sustainable changes in circumstances since the Care Order or Interim Care Order was made, such that the child’s welfare no longer necessitates such intervention. This may include:

• Significant improvements in parenting, home conditions and or financial stability
• Positive reports from professionals or independent experts
• Completion of parenting courses or therapy

Applications are made using form C110A. The court will list a hearing during which it will review the evidence and determine whether the order is still required or can be dispensed with / modified to better suit the child’s needs.

Can You Get Legal Aid to Contest a Care Order?

Unlike care proceedings, Legal Aid for discharging a Care Order is not automatically available and is subject to a means and merits test. This means:

• Your financial situation will be assessed to determine if you qualify for Legal Aid.
• The case must have sufficient legal merit, meaning there must be reasonable prospects of success.

Our team can help assess your eligibility for Legal Aid and explore other funding options if needed.

If you do not have parental responsibility but are involved in the care proceedings, for example, as a stepparent, you may still apply for legal aid, but it will be assessed on a means and merit basis.

Steps to Take if You Want to Contest a Care Order

1. Seek Legal Advice Immediately
   Your first and most important step is to contact a specialist child care proceedings solicitor like Tyrer Roxburgh as soon as possible. Timely legal advice will ensure you understand your rights, help you gather the necessary evidence, and prepare a strong case against the order within the specified timeframes.
2. Gather Supporting Evidence
   Provide any documents that demonstrate your ability to care for your child, such as:
   • Medical records showing no history of neglect or abuse.
   • Character references from family, friends, or professionals who can vouch for your parenting abilities.
   • Reports from parenting courses or support services.
3. Attend All Court Hearings
   It’s important to stay engaged in the case to show your commitment to your child’s well-being.
4. Consider Alternative Care Arrangements
   If the court is hesitant to return the child immediately, you could try to explore alternative solutions, such as a Supervision Order or placing the child with a relative.

How Can a Child Care Solicitor Help Contest a Care Order or ICO?

If you disagree with a Care Order or Interim Care Order, seeking legal representation early on is critical. Specialist child care proceeding solicitors like Tyrer Roxburgh can help you during these difficult times by:

1. Providing Tailored Advice and Strategy
   Understanding what has happened, why it has happened, and what you can do about it is essential for those unfamiliar with Care Orders or Interim Care Orders. This is where our expertise lies, and we can explain the legal process involved, threshold criteria for meeting Care Orders, and help create / implement a strategy to challenge the order based on your specific circumstances.
2. Challenging the Evidence Presented by Social Services
   We carefully examine the reports and assessments provided by social workers, identifying any errors, inconsistencies, or exaggerated claims presented against parents. If necessary, we can also request an independent assessment or expert valuation to ensure a fair and balanced review of your case, including in relation to your parenting capacity, mental health, or home environment. This may provide the court with a broader perspective on your ability to care for your child. We can also help you gather other helpful evidence to support your claim such as character references or documentation that demonstrates positive changes in parenting dynamics.
3. Preparing Compelling Applications
   Whether you are appealing a Care Order or Interim Care Order with the hope of overturning the court’s decision, or seeking to discharge an order already in place, a compelling application with strong supporting evidence is essential. It is important to remember that you cannot contest an order simply because you don’t like what has happened – it needs to be supported by valid grounds and strong legal arguments. This is where the help and guidance of a specialist childcare solicitor can prove invaluable.
4. Representing You in Court
   We provide robust legal representation at court proceedings to support your ability to care for your child and/or change in circumstances. This includes cross-examining social workers, experts, and witnesses, ensuring that all evidence is fairly assessed, and that your side of the case is strongly conveyed to the judge.
5. Negotiating Less Intrusive Solutions
   We can work with the court and social services to explore alternatives to a full Child Care Order. These may include:
   • Supervision Order: This allows the child to stay at home while being monitored by social services. This arrangement helps maintain family stability while addressing any concerns raised by social services.
   • Family Placement: This means the child is placed with a trusted relative rather than being taken into foster care. This option prioritises keeping the child within their extended family, which can be less disruptive for them.
   • Parenting Support Programs: You may be required to attend courses or avail yourself of other resources to help you improve your caregiving skills and home conditions.

Expert Legal Support from Tyrer Roxburgh Solicitors

Contesting a Care Order or Interim Care Order can be stressful, but you don’t have to go through it alone. Tyrer Roxburgh are specialist child care proceedings solicitors and we can provide expert legal support to protect your rights and your child’s future. Contact us at 0208 899 3319 or via one of the options below for help and assistance.