Legal Update: In a Nutshell - Terminating a care order

What is a care order and how is it terminated?
The court may make a care order in order to authorise a local authority to take parental responsibility for a child. Under the Children Act 1989, the court will grant the order if it concludes that the child has been, or faces the risk of being, seriously harmed through lack of care. The local authority will share parental responsibility with the child’s parents.

A care order usually ceases when the child turns 18. Alternatively, it may be ended when the court makes a residence order or a special guardianship order, or substitutes the care order with a supervision order or adoption order. The court can also discharge the care order without making any further orders. All orders must satisfy the “welfare principle”, meaning the order will be made if it is in the child’s best interests.

What is a residence order?
Residence orders decide where and with whom a child is to live. Unless the court directs otherwise, the order usually lasts until the child turns 18. Granting someone a residence order automatically gives them parental responsibility for the child if they do not already have it.
 
What is a special guardianship order (SGO)?
Under a SGO, the child ceases to be “looked after” by the local authority. Instead, the special guardian takes responsibility for making most of the important decisions concerning the child until their 18th birthday. The parents retain some parental responsibility but they have limited opportunity to exercise it. Parents may request a SGO, or the social worker or court may conclude that the order must be made so that the child’s best interests are protected. It is not a permanent arrangement.

What is a supervision order?
This is a temporary order that places the child under the supervision of the local authority, who will not have parental responsibility but will supervise the child’s care by: advising, befriending, and assisting the child; taking steps necessary to give the order full effect, and; considering whether to vary or terminate the order if it is not followed.

The court can make a supervision order only if there is reason to believe that the child has been, or faces the risk of being, seriously harmed.

When can an adoption order be made?
Children under the age of 18 may be subject to an adoption order. The adopter and the adopted child enter the same legal relationship as if the child had been born to the adopter within marriage. The birth parents lose parental responsibility.
Stringent requirements must be met before an adoption order is made. For example, the child must have no possibility of returning to the birth parents. The order must serve the child’s best interests throughout the course of their life.

When can a care order be discharged?
The court may discharge the care order without making any further orders if this is in the child’s best interests. However, the court is unlikely to do so unless there has been a change in circumstances since the order was made.