In certain circumstances where a local authority or social services department has concerns about the care given to a child by its parents, then it they can issue care proceedings. If a care order is made, then this will give the local authority parental responsibility for a child which it will share with the child's parents. It does however give the local authority the power to determine the extent to which a parent or guardian may exercise their responsibility and also give them the power to decide where a child should live. Often the effect of this would be that the child would be removed from the parents' care and placed into foster care.
Such an order gives the local authority power to determine the extent that a child retains contact with its parents although in certain circumstances they can apply to the court for an order stopping contact.
A care order lasts until a child's 18th birthday unless it is brought to an end earlier.
It is important to note that the local authority is unlikely to obtain a final care order unless there has been a full assessment of parents ability to care for the child. Furthermore a guardian will be appointed to represent the child's interests and there may be further expert involvement depending upon the circumstances of the case.
In order to satisfy the court that a care order should be made, the local authority must first show that the child has suffered significant harm as a result of the care given to them by their parents. If the court is satisfied that the child has suffered significant harm, the court then has to consider what is in the best interest of the child and in so doing it will consider the following factors. In determining this, the court will consider the following factors, which are known as the welfare checklist:
a) The wishes of the children (taking into consideration their age and understanding
b) The children's physical, emotional and educational needs
c) The effect on the children of any change in circumstances
d) Age, sex and background or any other relevant characteristic of the children
e) Any harm that the children have suffered or are at risk of suffering
f) The capability of each parent in meeting the children's needs
Care proceedings can be extremely stressful and so it is essential that specialist advice is obtained in such circumstances.
