What is a care order?

A care order is an order that places a child in the care of the local authority.  As a result of a care order the local authority acquires parental responsibility which in theory it shares with the parents.  In practice it puts the local authority in the driving seat about any decisions made concerning the child’s future  and where they should live (subject to the court’s approval before a final care order is made).    Generally, but not always, this will involve the child being placed away from his or her parents.  A final care order can last until a child’s 19th birthday, unless the court discharges it before that.
The power to make a care order comes from s 31 of the Children Act 1989.  A care order may be interim (which means it lasts for 28 days at a time) or final.  Before the court can make a final care or supervision order it must be satisfied that the child is suffering or is likely to suffer significant harm attributable to the care given or likely to be given by the parent.  This is known as ‘the threshold criteria’.  The court can make an interim order on a much lower test – that there are reasonable grounds for believing that the child is suffering or is likely to suffer significant harm attributable to the care given or likely to be given by the parent.