If a local authority believes that a child living within their area is at risk of significant harm, they can apply to the court for something called an “interim care order” (ICO). These come under the umbrella of Public Law proceedings. In most cases, such an application doesn’t just come out of the blue, since the local authority is likely to have already been involved with a family before initiating ICO proceedings.
If a local authority believes that a child living within their area is at risk of significant harm, they can apply to the court for something called an “interim care order” (ICO). These come under the umbrella of Public Law proceedings. In most cases, such an application doesn’t just come out of the blue, since the local authority is likely to have already been involved with a family before initiating ICO proceedings.
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What is an interim care order?
An interim care order is a temporary arrangement that ensures a child is safe and well cared for during care proceedings. When the local authority applies for an ICO, it is required to set out in detail their plans for the child. This must include where the child will live (placement) and contact with their parents, siblings, and any wider family such as grandparents.
The plan for placement is often foster care, but may include friends and other family members. In some cases, the child can remain at home under an interim care order with their parents. Although this may involve exclusion requirements preventing certain individuals from entering the home or seeing the child if the court considers they pose a risk of harm.
Interim care orders are typically put in place for a specified period up to a maximum of 8 weeks, after which it will be kept under review. Regardless of whether or not a child is removed from the home, every interim care order put in place will temporarily change who has responsibility for the child. This includes parental responsibility, which is shared between the local authority and the child’s parents. This means that should the local authority wish to make a decision relating to the child, they must discuss the decision with the parents and consider their wishes and views. However, if an agreement cannot be reached, the local authority will have the final say.
Parental responsibility will be shared between the local authority and parents until the interim care order is removed.
Why are interim care orders made?
For an interim care order to be made, the court must be satisfied that the child in question is suffering, or likely to suffer, significant harm, and the harm or likelihood of harm, is because of:
- The care given to the child, or likely to be given to them if the order was not made, not being what it would be reasonable to expect a parent to give them; or
- The child is beyond parental control
This is commonly referred to as the “threshold criteria” and the duty is on the local authority to show the court that it has been met. Significant harm can include physical, sexual or emotional harm or neglect. Emotional harm can incorporate witnessing or being exposed to domestic abuse.
How is an interim care order obtained by the local authority?
The local authority will always be the applicant within the proceedings because they want the court to make an order in their favour. Everyone else who holds parental responsibility for the child will be named as respondents. In addition, the child will also be added to the proceedings as a respondent and will be represented by a CAFCASS Children’s Guardian. The guardian’s role is to be the voice of the child, and to make recommendations to the court about what is in the child’s best interests.
The parents, or those with parental responsibility as well as the child, will all be automatically entitled to legal aid.
The court will issue the application which will then list the matter for a first hearing. Generally, this will be a Case Management Hearing (CMH), unless the local authority has applied for an emergency hearing, for either an Emergency Protection Order (EPO) or Interim Care Order.
An EPO will be granted by the court if it is satisfied that a child is in immediate need of protection from significant harm or at risk of significant harm. It will usually last for a period of 7 days, quickly followed by care proceedings.
What happens at a case management hearing?
The case management hearing will decide what assessments are required to inform the court’s decision making, such as whether an independent expert will be asked to provide a report. Most times, the court will order a parenting assessment of any parent who wishes to care for the child. They will also order assessments of any alternative carers, such as wider family members who have been put forward to care for the child. Initially, there would be a viability assessment, which, if positive, would be followed by a full special guardianship or connected persons assessment.
Other common assessments include: drug and alcohol testing, psychological, psychiatric, and risk and vulnerability assessments.
A timetable will be drawn up showing the dates when these assessments must be completed, after which the local authority will provide their final evidence and care or supervision order plans to the court. The parents are always given the opportunity to respond by filing their final evidence in response to the assessments and the local authority plans. In addition, the children’s guardian will also be required to provide a last report in the case. Here, they will set out their recommendations about what is in the child’s best interests and what orders they recommend the court should make.
The matter will then be timetabled for an Issues Resolutions Hearing (IRH) which will take place shortly after all parties have provided their final evidence and reports. At this hearing, decisions will be made about what the issues are and whether it is necessary to list the matter for a final contested hearing.
At the final hearing, all parties, professionals, and experts can be called to give evidence. The court will hear from everyone, make any findings it has been asked to determine. Final decisions about the child’s welfare, including where or with whom the child will live and how often they see other members of their family will be made.
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