In England and Wales, under the Children Act 1989, if a local authority is concerned that a child is suffering, or is likely to suffer significant harm, it can apply to a court for a Care Order and take the child into care. With a Care Order in place, the local authority will decide where your child lives and can limit your parental responsibility. Depending on the urgency of the child’s situation, it may also be possible for the local authority to obtain an Interim Care Order before a final decision is made.
Care Orders normally remain in force until the child being cared for reaches the age of 18 or it is brought to an end earlier if another order is made (e.g. special guardianship order, supervision order or discharge order). If the court issues a discharge order, this effectively lifts or removes the existing care order. In this article, we will explain the grounds for discharging a Care Order in England and Wales and how to do so.
Grounds for discharging a care order
If there are grounds for discharging a care order, it must be shown that there have been significant changes and improvements to the circumstances which put the child into care in the first place. The evidence required to prove that there are solid grounds for the discharge of a Care Order will depend on the unique circumstances of each case. For this reason, it is important to instruct a family law solicitor who will ensure that the strongest possible case is prepared and presented to the court, leading to the successful discharge of the Care Order.
A Care Order may be discharged in England or Wales for several reasons, including expiry and substantial change in circumstances.
Care Orders normally expire when the child reaches the age of 18. Local Authorities in England and Wales are under a legal duty to assess and meet the needs of young people in care between the ages of 16 and 17, in preparation for leaving the care system.
A Care Order may be discharged if can be shown that it is in the child’s best interests. This may occur, if, for example, the child was taken into care because the parent/s had no place to live but they now have a secure home. Or it may be the case that the child was removed due to drug or alcohol abuse and the parent/s have abstained for a significant period.
Application to discharge care order
An application to discharge a Care Order can be made by any person with parental responsibility (PR) for the child, the local authority, or the child. It is important to submit the Care Order discharge application to the same court that issued the Care Order in the first place. To apply for the discharge of a Care Order, the following steps must be taken:
- Complete form C110A1 (Form C110A Application for a care or supervision order or an Emergency Protection Order). It is also possible to make an online application using the HMCTS Family Public Law Service2.
- Copies of the application should be sent to every person whom the applicant believes has parental responsibility, had PR before the care order, the child, and the parties to the original proceedings.
- Pay the fee of £232 or if on a low income, complete Form EX160 (Apply for help with court and tribunal fees) along with proof of benefits.
- On receipt of the application, the court will list the matter for a hearing.
- Provide the bundle of documents from the original care proceedings and evidence/documents to persuade the court that discharge is in the child’s best interests. For example, a Local Authority may provide:
- Minutes and decision sheets from looked-after children (LAC) reviews
- Any updated social worker reports and assessments
- Personal education plans for the child
- Any documents providing information on the changes that the parents have made since the final hearing of the original care proceedings
It is important to remember that the burden of proof that discharging the Care Order is in the best interests of the child rests with the applicant.
In all Care Order decisions, the child’s welfare is the court’s main consideration. As part of their decision-making process, the court will review any reports provided (e.g. medical experts or teachers etc.), and they use a welfare checklist to properly assess the risk of harm to the child. In addition, the court will consider all the relationships that are important to a child, the benefits to the child of discharge and the continuing effect of the care order on the child.
If the application to discharge the Care Order is refused, the current care arrangements for the child will be kept in place. If the application is successful, the Care Order is discharged, and the local authority no longer has parental responsibility for the child in question. Depending on the circumstances, the court may put in place a child arrangements order or special guardianship order in favour of another person (e.g. a family member or foster carer) and discharge the existing Care Order.
References
1 GOV.UK: Form C110A
2 GOV.UK: HMCTS Family Public Law Service