Interim care orders are Public Law proceedings and are made when a local authority believes that a child within their area is at risk of significant harm. It can be a heartbreaking experience for the family involved, but a necessary one to protect a vulnerable young person.
In this article, we cover what an interim care order is and when they might be granted, how to apply for an interim care order, look into the legal requirements of a care order, and what support you can get if you are affected by one.
What is an interim care order?
An interim care order is used to protect a child from significant harm, as identified by a local authority.
The local authority will apply for an interim care order through the Courts, and if granted, take parental responsibility for the child temporarily, removing them from the home and giving the authority more time to assess the situation and get the full picture, before deciding on a resolution.
The local authority will agree and decide on the arrangements for the care of the child around things like where and with whom they should live, and what contact they are allowed to have with their parent(s) and any other family members.
They must discuss any decisions with the parent, however if there are any disagreements, the local authority have the final word.
Every case and circumstance is different, so the agreements of these arrangements will be based on the individual situation.
When are interim care orders granted by the court?
Interim care orders are granted by the court when the local authorities are worried about the welfare or safety of a child, and they believe they are at risk of significant harm and need to be temporarily removed from the home.
They can be granted in situations where there are serious concerns about:
Risk of significant harm - evidence or suspicions that a child is at risk of suffering significant harm, including physical, emotional, or sexual abuse, neglect, or exposure to domestic violence.
Parental Capacity - if there are concerns about the capability of the child's parents or caregivers to provide adequate care and protection, such as issues related to substance abuse, mental health problems, or domestic instability.
Emergency Situations - In urgent or emergency situations where there is an immediate risk to the child's safety or well-being, such as cases involving serious injuries, medical emergencies, or imminent danger.
How to apply for an interim care order
Under the Children Act 1989, a council or local authority can apply for an interim care order, or care order. If you have concerns about the safety and welfare of a child, you can and should express these concerns to social services, or the local authority, who will apply for an interim care order if they find evidence to support your concerns.
As you can imagine, it is a very delicate and highly emotional process where a young person is at the heart of every decision, so due care must be taken throughout.
Before applying for an interim care order, social services will carry out an assessment to find out whether there are significant concerns about the welfare or safety of the child. This assessment may involve interviews, observations, and gathering evidence from various different sources.
In some cases, social services may hold pre-proceedings meetings with the child's parents or caregivers to discuss concerns and explore options for resolving issues without court intervention. These meetings aim to encourage cooperation and collaboration while ensuring the child's safety.
If pre-proceedings discussions do not lead to resolution or if there are urgent concerns about the child's welfare, social services may proceed with an application to the Family Court for an interim care order. The application will include details of the concerns, evidence gathered, and reasons why an interim care order is necessary.
Once the application is submitted, the court will schedule a hearing to consider the application for an interim care order. The child's parents or caregivers, social services, legal representatives, and any other relevant parties will attend the hearing to present their views and evidence.
After hearing all parties' evidence and representations, the court will make a decision on whether to grant the interim care order. If granted, the order will specify arrangements for the child's care and accommodation during the interim period, as well as any conditions or requirements to be met by the parents or caregivers.
Interim care orders are subject to regular reviews by the court to ensure that they remain necessary and appropriate. Further proceedings may be scheduled to consider long-term plans for the child's welfare, including whether to extend the interim care order or make other arrangements.
Legal considerations and requirements
In part 4 of the Children Act 1989, the law makes it clear that in all cases, the best interest and safety of the child must be at the heart of every decision made. Before granting an interim care order, the court must consider whether it is in the child's best interests to be removed from their home and placed in alternative care.
It also covers many other legal requirements such as that an interim care order can only be granted if there are reasonable grounds to believe that the child is suffering or is likely to suffer significant harm if they remain in their current situation. This harm can be physical, emotional, or psychological in nature.
Applications for interim care orders are made to the Family Court, and hearings are conducted to consider the evidence presented by all parties involved, including social services, parents, caregivers, and other relevant individuals. The court will assess the evidence and make a decision based on the child's welfare.
The court must make sure that any decision to grant an interim care order is proportionate to the risks and concerns identified. This includes considering less intrusive alternatives, such as support services or family placement options, before resorting to removing the child from their home.
Interim care orders are not permanent, they are temporary measures intended to provide immediate protection for the child while further assessments and investigations are conducted. They are typically granted for a fixed period and are subject to regular reviews.
Plus, while an interim care order grants parental responsibility for the child to the local authority or designated caregivers, it does not completely take away the parental rights of the child's parents. Parents still have the right to be involved in decisions about their child's welfare and to participate in court proceedings.
Parents, caregivers, and other relevant parties must be notified of any court proceedings involving an interim care order. They also have the right to legal representation and should be given the opportunity to present their views and evidence to the court.
Parties affected by the court's decision to grant or refuse an interim care order have the right to appeal the decision to a higher court if they believe there are legal errors or procedural irregularities in the proceedings.
Rights and responsibilities of parents and caregivers during interim care proceedings
During interim care proceedings, both parents and caregivers have rights and responsibilities that must be respected and upheld. These rights and responsibilities are governed by legal principles outlined in the Children Act 1989 and are aimed at ensuring that the welfare and best interests of the child remain paramount.
Rights of Parents
Right to be informed: Parents have the right to be informed about any interim care proceedings involving their child and to be kept updated on the progress of the case.
Right to legal representation: Parents have the right to seek legal advice and representation throughout the interim care proceedings. They have the right to be represented by a solicitor or barrister who can advocate on their behalf and present their case to the court.
Right to participate: Parents have the right to participate in interim care proceedings and to have their views and concerns heard by the court. They can provide evidence, present witnesses, and make submissions to the court about their child's welfare and care arrangements.
Right to challenge: Parents have the right to challenge any decisions made by the court, including decisions to grant or refuse an interim care order. They can appeal the court's decision if they believe there are legal errors or procedural irregularities.
Responsibilities of Parents
Parents are expected to cooperate with social services and other authorities involved in the interim care proceedings. This may include participating in assessments, attending meetings, and complying with court orders.
They are also required to comply with any court orders issued during interim care proceedings, including orders for contact with their child, assessments, or parenting programs.
Of course, parents have a legal duty to promote the welfare and best interests of their child. They should demonstrate a willingness to address any concerns raised by social services and work towards resolving issues that may impact their child's well-being.
Rights of Caregivers:
Right to provide care: Caregivers appointed by the local authority or designated by the court have the right to provide care and support to the child during interim care proceedings. They have a duty to ensure the child's safety, well-being, and welfare.
Right to make decisions: Caregivers have the right to make day-to-day decisions about the child's care, including decisions about education, healthcare, and daily routines, in accordance with the interim care plan approved by the court.
Right to seek support: Caregivers have the right to seek support and assistance from social services, professionals, and support networks to meet the needs of the child in their care.
Responsibilities of Caregivers
Caregivers are required to comply with any court orders issued during interim care proceedings, including orders related to the child's care, contact arrangements, or assessments.
They also have a legal duty to promote the welfare and best interests of the child in their care. They should provide a safe, nurturing, and supportive environment for the child and work collaboratively with social services to meet the child's needs.
Caregivers are responsible for reporting any significant changes or concerns about the child's well-being to social services and maintaining open communication with relevant authorities throughout the interim care proceedings.
How long do interim care orders take?
In non-emergency cases, the court will typically schedule a hearing within a few weeks of receiving the application. This allows time for the parties involved, including social services, parents, caregivers, and legal representatives, to prepare their evidence and submissions.
In urgent or emergency situations where there are immediate concerns about a child's safety or welfare, the court may expedite the process to hear the application as soon as possible. This may involve scheduling an emergency hearing within a matter of days or even hours.
Before the scheduled hearing date, there may be pre-hearing procedures, such as case management conferences or pre-proceedings meetings, to discuss the issues and try to reach agreements or understand the positions of all parties involved.
If the court decides to grant the Issuance of an ICO, the order will be issued, specifying the arrangements for the child's care and accommodation during the interim period. The ICO takes effect immediately.
How long do interim care orders last?
Interim care orders are initially granted for a period of up to eight weeks. This provides immediate protection for the child while further assessments and investigations are carried out to look at the child's long-term welfare needs.
If needed, interim care orders can be extended beyond the initial eight-week period. Extensions are usually given in increments of eight weeks, subject to regular reviews by the court.
In some cases, interim care orders may change into full care orders if the court decides that ongoing intervention and supervision are needed to safeguard the child's welfare. This transition may happen after a series of reviews and assessments, and the duration of the care order will depend on the specific circumstances of the case.
Potential impacts of interim care orders on children and families
Interim care orders can have significant impacts on both children and families involved, and it can be a tough process to go through.
For children, being removed from their home and placed into alternative care settings can lead to feelings of confusion, fear, and anxiety for children, causing potential separation anxiety. They may also experience a sense of loss and grief due to separation from their parents, siblings, and familiar surroundings. In addition, the uncertainty associated with interim care proceedings can cause emotional distress and may impact children's mental health and well-being.
Of course, family relationships can also be put under a great deal of strain particularly if there are restrictions on contact or communication during the interim period. Siblings who are placed in separate care arrangements may experience disruptions to their relationships and may struggle with feelings of isolation and loneliness. Rebuilding trust and repairing relationships between children and their families can be challenging after interim care orders are lifted, especially if the interim period was lengthy or if there were significant issues within the family.
There are also lots of practical and financial challenges to consider. Children may experience disruptions to their daily routines, including changes in school, activities, and social interactions, which can be unsettling and challenging to adjust to. Families may also face financial difficulties due to legal costs, loss of income, or expenses associated with complying with court orders and assessments during the interim care proceedings. Interim care orders could also result in families losing their accommodation or facing housing instability, especially if the child's removal from the home leads to changes in living arrangements.
And there are sadly many long-term effects that can occur on children's emotional and psychological well-being, potentially leading to trauma or resilience, depending on their experiences and support systems.
That being said, an interim care order is necessary to protect the safety of a child, and although there will be impacts on both the child and the family, the act in removing the child from the home is the most important one if it means keeping them safe from harm.
Support and resources for families involved in interim care proceedings
Families involved in interim care proceedings can benefit from a range of support and resources to help them get through the challenges of the legal process and promote the welfare and well-being of all family members.
Family Rights Group can give you advice if you are a parent, friend or relative and you need extra support.
Helpline: 0808 801 0366
Legal aid: Families who meet certain eligibility criteria may be able to receive legal aid to cover the costs of legal advice and representation during interim care proceedings.
Family law solicitors: Families can get advice and representation from experienced family law solicitors who specialise in child welfare and care proceedings. Solicitors can provide guidance on legal rights, options, and procedures, and advocate on behalf of families in court.
Counselling and therapy: Children and parents may benefit from access to counselling and therapy services to address emotional distress, trauma, and mental health issues arising from interim care proceedings.
Support groups: Families can join support groups or peer networks where they can connect with others who have experienced similar challenges and share advice, resources, and emotional support.
Parenting programs: Parenting programs and support services may offer guidance and practical strategies to help parents develop positive parenting skills, improve family dynamics, and strengthen relationships with their children.
Social worker support: Families can access support from social workers and professionals within local authority children's services departments who can provide assistance, advice, and guidance throughout the interim care proceedings.
Family support services: Local authorities may offer family support services, including assessments, interventions, and practical assistance to help families address issues and challenges identified during the proceedings.
Children's advocates: Children involved in interim care proceedings may be assigned an independent children's advocate or guardian ad litem who can represent their views, wishes, and best interests in court and ensure that their voices are heard and considered in decision-making processes.
Families facing financial difficulties as a result of interim care proceedings may be eligible for financial assistance, benefits, or grants to help cover essential expenses, such as legal costs, housing, and living expenses.
As well as this, families at risk of homelessness or housing instability can access support and advice from housing agencies, charities, and local authorities to secure suitable accommodation and address housing-related issues.
There’s lots of resources and information families can access, including educational materials, information leaflets, and online resources provided by government agencies, charities, and legal organisations to learn more about interim care proceedings, their rights, and available support services.
Get support with Lawhive
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