Children are placed in the care of the local authority when it is demonstrated to the court that a child is suffering or at risk of suffering significant harm. Care may entail a stay in a children’s home, with a foster family or in a residential school, and is generally a temporary arrangement. Where possible it is encouraged that the child is brought up by or within their family, unless this is impractical or inconsistent with the child’s welfare. In England and Wales, the number of children entering care continues to decline, but those in care are staying longer. 

For a child to be placed under the care of a local authority, a court order must be passed, in accordance with the Children Act 1989. Examples of the most common kinds of orders are:

Interim Care Orders - has limited duration, placing a child in compulsory care pending the final outcome of the local authority’s application for a care order. The order expires after eight weeks unless the court grants a renewal. 

Emergency Protection Orders (EPOs) - initially limited to eight days, with a possible extension of seven days. For the duration of the EPO, parental responsibility (link to our page on this) is shared between the parents and the local authority.

Child Assessment Orders (CAOs) – allows the local authority to make an assessment of the child’s state of health or the way the child is being treated. The assessment period must not last more than seven consecutive days. The child may be kept away from home for the purposes of carrying out the assessment. Use of CAOs is rare. 

Care Orders

Care Orders result in social services sharing parental responsibility for the child with the parents. Only the local authority or the NSPCC (as part of their charter) have the right to issue a care order. The NSPCC rarely extend this right but all work they do engage in with children in care is done in conjunction with local social services departments. By March 1998, 10,791 children were under care orders in Scotland. By March 2000, 36,400 children were under care orders in England and Wales. 

Once the order has gone through the courts, the onus is on social services to decide where and with whom the child should live, and for how long. Accommodation is selected according to the needs of the child and their situation. 

The child and its parents are still consulted on all-important matters because parental responsibility cannot usually be removed from a parent unless the child is being adopted. A parent does not have the right to remove a child from care while a care order is in force, but they can contest the local authority’s application for a care order. 

A care order can last until the child is eighteen years old. The child’s situation is regularly assessed to see if it is suitable to relinquish the care order, but there is no statutory limit on its duration. In certain circumstances an application is made by social services to the court to discharge the care order. Under the order, a child may be placed with the parents, as a trial to see if a permanent return home is appropriate. Parental responsibility is still shared with the local authority until the care order is officially discharged.

The Citizens Advice Bureaux provide more detailed information on children in care, including care orders, the rights and responsibilities of parents and children, and information on the types of accommodation available. See ‘Children and Local Authority Care’ for information on care in England & Wales and Northern Ireland, and‘Children in need: being looked after by the local authority’ for care in Scotland. More information is available on the Scottish Executive website, where you will find a detailed statistical document concerning looked after children and relevant legislation in Scotland.

Wherever you live, it is recommended that you get in touch with your local council social services department as they deal with care orders. They will be able to provide you with general information and give advice on your particular case. You may also need to seek legal advice. The Law Society (England and Wales, Scotland, Northern Ireland) has a search facility on its sites to help you find a solicitor to suit your needs. They include solicitors who are specially trained to do care work and are members of the Law Society’s Children’s Panel.

There are several other organisations that work in this field:

NCH – formerly the National Children’s Home, a charity running projects in the UK for children at risk, vulnerable young people and families who need support. 

They have a section on their website designed to answer any questions children may have about going into care. 

NCH
85 Highbury Park
London
N5 1UD
Telephone:
Fax:

NCH Cymru
St Davids Court
68a Cowbridge Rd
East Cardiff CF11 9DN
Telephone:
Fax:

NCH Scotland
17 Newton Place
Glasgow G3 7PY
Telephone:
Fax:
Supporter Helpline:
(number charged at standard rate,9am to 5pm, Monday to Friday)

NCH Northern Ireland
45 Malone Road
Belfast BT9 6RX
Telephone:
Fax:

Who Cares Trust? - a national charity working to improve public care for children and young people living in residential or foster care. They coordinate a range of projects in the fields of health, education and life skills, and produce several publications, available to order on their website.

Kemp House
152-160 City Road
London EC1 2NP
Telephone:
Fax:
Linkline: (freephone line offering support and information in confidence to children and young people in the care system).
mailbox

Who Cares? Scotland - aims to be a ‘voice for young people in care’. It has branches across Scotland working with young people to improve their standard of life. Their work is centred on a Charter of Rights, to which they believe all children are entitled. They publish a quarterly magazine and various other publications such as a of the rights’ charter, available on request.

Oswald Chambers
5 Oswald Street
Glasgow G1 4QR
Telephone:
Fax:
E-mail: who.cares.Scotland

The Children’s Law Centre – a Northern Ireland based charity working with children, organisations and agencies committed to realising children’s rights. They have an advice service on children’s rights and the law, and publish material written by young people and experts. 

3rd Floor
Philip House
123-137 York Street
Belfast BT15 1AB
Telephone:
Fax: .
Advice line: Mon 3 - 5pm children and young people only.
Tue & Thurs 10am - 1pm,to all.

The Children’s Legal Centre - the Children's Legal Centre at is a national charity, based at Essex University, offering free advice on all aspects of law affecting children and young people.

The Children's Legal Centre
University of Essex 
Wivenhoe Park 
Colchester 
Essex C04 3SQ
Advice line: (Mon to Fri 10am -12:30 and 14:00-16:30pm)
Fax:
E-mail: clc

National Youth Advocacy Service - This organisation has an advocacy service for children in care. Any young person looked after by a local authority may ring the Free Phoneline on . Lines are3.30–9.30pm every weekday and 2-8pm on Saturdays and Sundays. Services include an in-house legal team, visitors and caseworkers – all free of charge. Although mainly dealing with England and Wales, children calling from other areas will be redirected to a similar service in their area. 

99-105 Argyle Street
Birkenhead
Wirral
CH41 6AD
Telephone:
Fax: