What Options Are Open to the Court?

• Emergency protection order
• Interim care order
• Interim supervision order
• No order
• Final order

Emergency protection orders

• The court must be satisfied there is reasonable cause to believe that the child is likely to suffer significant harm, that is, there is good reason to think the child will suffer serious harm
• It is important to note that no harm need actually have been caused to the child before an order can be made
• If the order is granted the LA will be able to remove the child and will acquire PR enabling them to make decisions about the child's welfare
• The order will be made for 8 days. This can be extended only once for up to a further 7 days

Interim care order

• The court must be satisfied that there are reasonable grounds for believing the 'threshold criteria' is met, namely
  1. that the child concerned is suffering , or is likely to suffer, significant harm; and
  2. that the harm, or likelihood of harm, is attributable to:
     1. the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give him or
     2. the child's being beyond parental control
• 'Significant harm' could be one or a mixture of the concerns identified in the section Why has the local authority issued care proceedings, namely, neglect, emotional and/or physical harm or sexual abuse. The harm does not have to have occurred; it could just be a serious risk.
• The reason the child has suffered the harm (or is at risk of suffering the harm) is because of your behaviour which falls short of the behaviour or decisions that would be taken by a 'reasonable' parent
• If the court makes this order the local authority takes over parental responsibility and can place your child outside of your family
• The order can be made for up to eight weeks initially but once interim threshold is established an Interim Care Order is likely to be renewed until the court makes a final decision
• The local authority is under a duty to promote reasonable contact between you and your child. If contact is not taking place you can apply to the court.

Interim supervision order

• The grounds for making an interim supervision order are the same as those for making an interim care order
• If an order is made the local authority are under a duty to advise, assist and befriend the child. The local authority does not acquire parental responsibility and the decision making power remains with you
• Information and access are required to be given to the supervisor
• If the local authority wanted to change the child's placement and you were not in agreement the local authority would have to return the matter to court
• An order can be made for up to 8 weeks initially but can be renewed for the life of the proceedings.

No order

• If the court considers that threshold is met but that no interim orders are necessary to protect the child's welfare then the court may make no order
• If the local authority cannot demonstrate to the court that the interim threshold is met then the court will make no order
• You may be invited to enter into a written agreement outlining what is expected of you and the services the local authority is willing to provide. If you fail to meet these expectations the local authority will probably return the matter to court and ask for an interim order to protect your child.

Final orders

• At the final hearing the court will make a final decision. This could be a Care Order or Supervision Order or a number of other orders which are not considered in detail here. Talk to your solicitor for more information.
• If the court makes a Care Order the local authority will probably look to place your child outside of your family on a permanent basis either through fostering, special guardianship or adoption. A Care Order lasts until a child is 18 years old
• Any contact you have had with your child during the proceedings is likely to be significantly reduced, possibly to no contact or letterbox contact
• It is possible to apply to discharge a Care Order if you can demonstrate a significant change in circumstances. You will need to make an application to the court. Talk to a solicitor for more information
• A Supervision Order runs initially for a year but can be renewed for up to 3 years