When a care order is made, the local authority shares parental responsibility (PR) with the parents. The local authority can exercise its PR above that of the parents if needed to protect the child. However, there are grounds for challenging care orders if circumstances have significantly changed, and this could be the case for you.
Who Can Apply to Discharge a Care Order?
The local authority, parents, or the child can all apply to discharge care orders. However, before a discharge can be considered they must demonstrate a significant change in circumstances as grounds for challenging the care order. Often, the local authority applies, making the discharge more likely to be granted.
As a parent whose children are subject to care orders, consider:
- When was the need for the care order last properly reviewed?
- Should you make an application for discharge rather than waiting for the local authority?
These above questions can help determine if there are valid grounds for challenging the care order.
The Court of Appeal recently ruled in Re: JW (Child at Home under a Care Order) [2023] EWCA Civ 944 that making a care order for a child living at home is wrong unless circumstances are exceptional, especially if support under a supervision order would be the same. Unlike care orders, supervision orders do not give the local authority parental responsibility. They only require the local authority to ‘advise, assist and befriend’ the child.
Reviewing Existing Care Orders
With courts reviewing whether care orders are appropriate for children at home, existing orders should also be questioned. Parents need to know if those orders should now be discharged based on the new guidance.
Seeking discharge may provide grounds for challenging care orders if:
- Circumstances have significantly changed
- The need for the order has not been properly reviewed
- A supervision order would provide sufficient support
By understanding these factors, parents can better assess if they have valid grounds for challenging care orders and seeking discharge to regain full parental responsibility.
Disclaimer: This article is intended for informational purposes only and should not be relied upon as legal advice.
