Removing a Care Order

When a Care Order is made at the end of Court proceedings that order will remain in place until the child turns 18 years old (reaches the age of majority) unless the Court makes another order which ends the Care Order early.

One of the orders the Court can make is to Discharge the Care Order, which will bring it to an end. A new application must be made to the Court to ask for this order to be made. The Local Authority can make this application if they feel they do not need to hold the Care Order any longer, this is usually because the child has returned to the care of their parents.

A parent can also make an application to Discharge a Care Order, even if the Local Authority do not agree. When asking the Court to Discharge a Care Order, a parent will need to satisfy the Court that there has been a significant change in circumstances since the Care Order was made, and that the change means it is now safe for the child to return to the care of their parents.

More Detail

The Court will apply two tests when deciding whether to grant an application to Discharge a Care Order.

The first test will consider the change in circumstances. The change must be significant and must also address the issues which were of concern when the original Care Order was made. The change will also need to be evidenced, this could be proof that therapy or education programmes recommended have been completed, for example.

The second test considers the welfare of the child, and more specifically whether it is in their best interests that the Care Order should be discharged. Evidence must be produced to support the view that discharging the Care Order would be better for the child than allowing it to continue.

The welfare of the child remains paramount for the Court, in much the same way as it did in the original care proceedings.

This gives rise to the possibility that whilst significant change has been demonstrated, the Court may still consider that it is in the best interests of the child for a Care Order to continue.

ALSO SEE:

Family Court Proceedings – Appeals : Wilson Browne

Court Transparency: Live-Streaming Of Court Of Appeal Cases : Wilson Browne