Child Care Videos

Date when Video was Published: 17/10/2023

A Care Order allows a child to be placed in the care of the Local Authority. The Local Authority has a duty to provide suitable accommodation for the child in their care and to ensure that the child`s welfare responsibilities are met in accordance with the Children Act 1989. A Care Order allows the Local Authority to share Parental Responsibility with others who hold this. The Court can only make a care order if they are satisfied that the threshold criteria is met. Section 31 subsection (2) of the Children Act 1989 sets out the threshold criteria that must be met by the Local Authority when they make an application to the Court for a Care or Supervision Order. The threshold criteria states a court may only make a care order or supervision order if it is satisfied “that the child concerned is suffering, or is likely to suffer, significant harm; and that the harm, or likelihood of harm, is attributable to a) 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 to him; or b) the child’s being beyond parental control. If the Court does find significant harm has occurred or is likely to occur, then the second stage for the court to consider is whether removal of the child from the care of the parent or guardian is required. The test applied is “whether the child`s safety is at risk and whether there is a risk of imminent harm. If so, any removal should be proportionate to the actual risks faced and the knowledge of alternate arrangements which would not require separation”. Interim care orders are initially put in place for a specified period of up to a maximum of 8 weeks, after which point they will be kept under review. As long as the required test is met, they could remain in place for the duration of the 26 weeks of the proceedings. A Final Care Order will last until the child is 18 years of age, unless it is brought to an end earlier. Duncan Lewis Solicitors have specialist solicitors who represent clients in this niche area of law. Please visit our website or call us directly on 033 3772 0409

Disclaimer

This video content was created on 17/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.