Interim Care Orders

When the Local Authority initiates court proceedings and applies for a ‘Care Order’, it sets in motion a process where the court reviews all available evidence to decide on the long-term living arrangements for a child. These proceedings, often lasting around six months, culminate in a final decision on whether a full Care Order should be imposed.

As the process begins, the Local Authority may request the court to issue an ‘Interim Care Order’ (ICO), granting them temporary parental responsibility during the ongoing case. An ICO may mean that, while the proceedings are underway, your child could be placed with a relative or, alternatively, in foster care. Interim Care Orders are temporary and generally last until the case concludes (up to 26 weeks, with possible extensions in exceptional cases) or until the court issues a new order.

What to Expect During Court Proceedings

The court proceedings may present different situations, each requiring a unique approach:

First Hearing: Your child may still be with you, but Children’s Services could ask the court for permission to place them elsewhere at this initial hearing.
Temporary Family Placement: If your child has been with a family member for some time, the Local Authority might propose an Interim Care Order to formalise this arrangement. You may or may not agree with this order.
Foster Care Arrangement: In cases where a child has already been in foster care, the Local Authority might seek an Interim Care Order to maintain this placement until proceedings conclude.
Shifting from Family to Foster Care: There may be instances where a child previously living with a family member is now suggested to be placed in foster care. You may have strong views on this and wish to advocate for the child’s continued stay with family.

In each scenario, you may have opinions about the Interim Care Order and the future care plan for your child. It is essential for the court to consider your views carefully. The Judge will weigh several factors, including:

Whether the child should remain with their parents or be removed from their current home
Possibilities for the child to stay with the parent, supported by additional resources
Family members’ potential to provide care, avoiding a move to foster care
The impact of separating siblings
Contact arrangements between the child and family if removed from the home

Since these decisions can have lasting impacts, getting immediate legal advice on Interim Care Orders is crucial. Contact Dynasty Law Solicitors on 01527 352397, and our experienced Childcare Team will be ready to assist you.

Frequently Asked Questions

What is an Interim Care Order, and how does it affect parental responsibility?

An Interim Care Order (ICO) temporarily grants the Local Authority parental responsibility for your child while court proceedings are ongoing. This order allows them to arrange care, which could include placement with a family member or foster care until a final decision is made.
Can I object to an Interim Care Order if I don’t agree with the Local Authority's plans?

Yes, you have the right to share your views in court. If you disagree with the Local Authority’s plan, you can argue for your child to stay with you or with a family member. A solicitor can represent your interests and help communicate your position to the Judge.
What should I expect at the first court hearing regarding an Interim Care Order?

At the first hearing, the Local Authority will present their concerns and propose arrangements. This may involve asking the court to place your child in alternative care. The Judge will consider all evidence and may issue an Interim Care Order if they find it in the child’s best interest.

Interim Care Orders