If social services have started care proceedings involving your child, the court may be asked to make an Interim Care Order. For parents, this can be an extremely worrying time, particularly when it is unclear how long the order will last, what decisions social services can make and what will happen at the end of the proceedings.
An Interim Care Order is a temporary court order that gives the local authority parental responsibility for a child while care proceedings are ongoing. Importantly, it is not the final decision about your child’s future.
Care proceedings in England and Wales are generally expected to conclude within 26 weeks, although some cases can take longer where the court considers an extension necessary.
In this guide, we explain how Interim Care Orders work, how long they can last, what happens to parental responsibility and the possible outcomes at the end of proceedings.
What Is an Interim Care Order?
An Interim Care Order is a temporary order made by the Family Court during care proceedings. It gives the local authority parental responsibility for a child while the court considers evidence and decides what arrangements are in the child’s best interests.
An Interim Care Order may be requested when a local authority believes that a child has suffered, or is at risk of suffering, significant harm and that temporary arrangements are necessary while the case is investigated.
The order does not automatically mean that a child will remain in care permanently. It provides a legal framework for protecting and caring for the child while assessments, reports and court hearings take place.
Depending on the circumstances, the child may live with foster carers, another family member, the other parent or, in some cases, remain at home while the Interim Care Order is in place.
How Long Does an Interim Care Order Last?
An Interim Care Order is designed to last only while care proceedings are ongoing or until the court makes a different order.
Parents may see information stating that the first Interim Care Order can last for up to eight weeks. However, changes to the law mean that Interim Care Orders can now be expressed to remain in force until the conclusion of the proceedings unless the court sets a specific expiry date or makes another order.
The important point for parents is that an Interim Care Order is temporary. It does not itself determine the long-term future of the child.
Care proceedings are normally expected to be completed within 26 weeks, although the court can extend proceedings where this is necessary to resolve the case fairly and in the child’s interests.
What Is the 26-Week Care Proceedings Timetable?
Care proceedings should normally be completed within 26 weeks from the date the local authority’s application is issued.
The purpose of this timetable is to prevent children and families from being left in uncertainty for unnecessarily long periods.
During those 26 weeks, the court needs to gather enough information to make a safe and informed decision about the child’s future.
This may include evidence from social workers, parents and other professionals. Depending on the issues involved, there may also be parenting assessments, medical evidence, drug or alcohol testing, psychological assessments or assessments of relatives who have offered to care for the child.
The court will manage the case through a series of hearings and directions, ultimately working towards either an agreed outcome or a final hearing.
Some cases can be resolved before 26 weeks. Others may take longer if the court decides that additional time is necessary. Extensions should not simply be routine; there should be a specific reason why further time is required.
Do Parents Lose Parental Responsibility Under an Interim Care Order?
No. Parents do not automatically lose parental responsibility when an Interim Care Order is made. Instead, the local authority also gains parental responsibility and can make certain decisions about the child’s care and welfare.
This is an important distinction.
Parents remain legally recognised as having parental responsibility, but the local authority gains the power to make decisions where necessary to safeguard and promote the child’s welfare.
This means that parents should continue to be involved in discussions and decisions concerning their child wherever appropriate.
Exactly how parental responsibility is exercised will depend on the circumstances of the case, the care plan and any directions made by the court.
If you are unsure what decisions you can make while an Interim Care Order is in place, obtaining specialist legal advice can help you understand your position.
What Can Social Services Do Under an Interim Care Order?
When an Interim Care Order is made, the local authority shares parental responsibility with the parents.
This can allow social services to make important decisions about matters such as where the child lives, their day-to-day care and arrangements intended to protect their welfare.
For example, the local authority may propose that a child lives temporarily with foster carers or a suitable family member while assessments take place.
However, an Interim Care Order does not give social services unlimited authority.
The local authority must act lawfully and in accordance with the child’s welfare, the care plan and any relevant court directions. Decisions made during proceedings can also be scrutinised by the court.
If a parent strongly disagrees with a decision being made about their child, they should discuss the issue with their solicitor as soon as possible.
Can I Still See My Child During an Interim Care Order?
In many cases, yes.
Where a child is living away from their parents during proceedings, arrangements will usually be considered for contact between the child and their family.
The frequency and type of contact will depend on the circumstances of the case and what is considered appropriate for the child’s welfare.
Contact could be supervised, particularly at the beginning of proceedings, and may take place at a contact centre or another agreed location.
As the case progresses, contact arrangements can potentially change depending on assessments, the child’s needs and the progress being made by the parents.
Parents should take contact sessions seriously. How contact progresses can form part of the wider evidence considered during care proceedings.
Can My Child Come Home Before the Final Hearing?
Potentially, yes.
An Interim Care Order does not automatically mean that a child must remain away from their parents until the final hearing.
If concerns have been addressed and professionals consider that a return home can be safely managed, the child’s living arrangements may change before proceedings conclude.
The court and local authority will consider the risks identified at the beginning of proceedings and whether those risks have reduced sufficiently.
This is why engaging positively with assessments, attending contact and following professional recommendations can be important during care proceedings.
What Happens During an Interim Care Order?
A significant amount of work can take place while the order is in force.
Social workers may complete assessments of the parents and wider family. The Children’s Guardian may also become involved to independently represent the child’s interests within the proceedings.
Parents may be asked to participate in assessments or complete specific work depending on the concerns raised by the local authority.
Other family members can also be considered as alternative carers if there is a possibility that the child cannot safely return to their parents.
Parents should speak to their solicitor early if there are relatives or close family friends who may be able to care for the child. Leaving this until late in the proceedings can make the assessment process more difficult.
What Happens at the End of an Interim Care Order?
At the end of care proceedings, the court decides what arrangements are required for the child’s future. The Interim Care Order may end without a further care order, or the court may make another order depending on the evidence and the child’s welfare.
There are several possible outcomes.
A child may return to their parents with no further order being required. In other cases, the court may decide that some continuing support or oversight is necessary.
The court could make a Supervision Order, allowing the local authority to remain involved while the child lives with their family.
A Special Guardianship Order may be considered where a relative or another suitable person is expected to provide the child with a long-term home.
Alternatively, the court may make a full Care Order, giving the local authority continuing parental responsibility. A full Care Order can potentially remain in place until the child reaches 18 unless it is discharged earlier.
In some cases, particularly where the court concludes that a child cannot safely return to their family and other options are unsuitable, the local authority may seek a Placement Order as part of a plan for adoption.
Every case is different. The court must consider the individual child’s welfare and the evidence before deciding which outcome is appropriate.
Does an Interim Care Order Mean My Child Will Be Taken Into Permanent Care?
No. An Interim Care Order does not mean that a child will automatically remain in care permanently.
It is an interim, rather than final, decision.
The purpose of the proceedings is to allow the court to investigate the concerns, consider the evidence and determine what arrangement will best protect the child’s welfare.
For some families, this can ultimately result in the child returning home.
Parents therefore have an opportunity during proceedings to respond to the concerns raised, participate in assessments and demonstrate any changes that may be necessary to provide safe care.
Can You Challenge an Interim Care Order?
Parents can oppose an application for an Interim Care Order and should obtain legal advice as soon as possible if the local authority is seeking one.
The court must consider whether an interim order is justified based on the circumstances and evidence available at that stage.
Even if an Interim Care Order has already been made, this does not mean that parents should simply wait for the final hearing.
Evidence and circumstances can change throughout proceedings. Your solicitor can advise you on the order, the local authority’s care plan, assessments, contact arrangements and the steps that may help your case.
Getting Legal Advice About an Interim Care Order
Receiving court papers from social services can be frightening, but an Interim Care Order is not the final decision about your child’s future.
The period between the first hearing and the conclusion of proceedings is important. Parents should understand the concerns being raised, engage with assessments and seek legal advice about how best to respond.
HRS Family Law Solicitors specialises in care proceedings and cases involving social services. If the local authority is applying for an order involving your child, the team can explain your rights, advise you throughout the proceedings and represent you before the Family Court.
Find out more about Interim Care Orders and how HRS Family Law Solicitors can help.