Discharging a Care Order – How Our Legal Aid Solicitors Can Help
If your child is currently subject to a Care Order, you may feel that the decision is no longer necessary and want to take steps to bring your child back home. In this situation, you can apply to the court to discharge the Care Order, but the process can be complex.
At Tyrer Roxburgh, our specialist Legal Aid child care solicitors have extensive experience helping parents successfully discharge Care Orders. We provide expert legal advice, prepare strong applications and represent you in court to give you the best possible chance of bringing your child home.
What is a Care Order?
A Care Order grants the local authority parental responsibility for your child, allowing them to decide where your child lives and how they are cared for. In many cases, this means a child is placed in foster care or with a designated carer. A Care Order remains in place until the child turns 18 unless it is discharged by the court.
Grounds for Discharging a Care Order
To successfully discharge a Care Order, you must prove that there has been a significant change in circumstances since the order was made and that it is now in your child’s best interests to return home. Examples of changes that may support an application include:
Improved Parenting Capacity – You have successfully completed parenting courses, therapy, or other interventions recommended by social services.
Resolution of Previous Concerns – Issues such as substance misuse, domestic abuse, or poor living conditions have been addressed and resolved.
Stable Home Environment – You can now provide a safe, stable, and supportive home for your child.
Child’s Wishes and Welfare – The child, depending on their age and understanding, expresses a desire to return home, and this is considered in their best interests.
The Process of Discharging a Care Order
Seeking Legal Advice – The first step is to consult a specialist child care law solicitor to assess whether you have strong grounds to apply for a discharge. Tyrer Roxburgh’s specialist child care proceedings solicitors can help.
Making the Application – You will need to submit an application to the Family Court using Form C110A, outlining why the Care Order should be discharged and providing supporting evidence.
Gathering Evidence – We will help you gather the necessary documentation, including:
- Reports from professionals (e.g., social workers, therapists, support workers).
- Proof of improved living conditions.
- Statements from family members or other witnesses who can confirm positive changes.
Court Hearings – The court will review your application and may schedule hearings where you will need to present your case. The local authority and the child’s guardian (if appointed) will also have an opportunity to respond.
Decision by the Court – The judge will consider all the evidence and decide whether discharging the Care Order is in the child’s best interests.
Legal Aid
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.
Take Action Today – Let Us Help You Bring Your Child Home
If you believe a Care Order is no longer necessary and want to apply for a discharge of the care order, early legal advice is essential. Contact us today to discuss your case and find out how we can help you take the next steps.
