When a local authority has serious concerns about a child’s welfare, it may issue care proceedings in the Family Court. For parents and family members involved, the process can be confusing and frightening — particularly when unfamiliar legal terms are used to describe what might happen to their child.
Three of the most common outcomes in care proceedings are Interim Care Orders (ICOs), Supervision Orders, and Special Guardianship Orders (SGOs). Each has very different implications for the child and the family. Understanding what they mean — and how they differ — is essential for anyone going through this process.
What Are Care Proceedings?
Care proceedings are started by a local authority under Section 31 of the Children Act 1989 when it believes a child is suffering, or is likely to suffer, significant harm. The court must be satisfied that the harm is attributable to the care being given to the child, or that the child is beyond parental control.
The proceedings determine what orders, if any, should be made to protect the child. The court’s paramount consideration is always the welfare of the child.
Interim Care Orders (ICOs)
What is an ICO?
An Interim Care Order is a temporary order made under Section 38 of the Children Act 1989 while care proceedings are ongoing. It gives the local authority shared parental responsibility for the child alongside the parents.
What does it mean in practice?
- The local authority can decide where the child lives — this may be with a foster carer, a relative, or in some cases the child may remain at home under the local authority’s supervision
- Parents retain parental responsibility but share it with the local authority
- The local authority has the power to determine the extent to which parents can exercise their parental responsibility
- Contact between the child and parents is usually arranged, but the local authority has significant say in how this works
How long does it last?
An ICO initially lasts up to 8 weeks, with subsequent ICOs lasting up to 4 weeks each. They continue to be renewed until the court makes a final order.
Key point for parents
An ICO is not a final decision. It is a holding measure while assessments are carried out and the court gathers the evidence it needs. However, it does mean the local authority has considerable control over your child’s day-to-day life during this period.
Supervision Orders
What is a Supervision Order?
A Supervision Order is made under Section 31 of the Children Act 1989 and places the child under the supervision of the local authority (or, in some cases, a probation officer). Unlike a care order, it does not give the local authority parental responsibility.
What does it mean in practice?
- The child remains living with their parents or current carer
- The local authority appoints a supervisor (usually a social worker) who has a duty to advise, assist and befriend the child
- The supervisor can give directions to the parents — for example, requiring them to attend parenting programmes, engage with support services, or allow the child to be medically examined
- The parents retain full parental responsibility
How long does it last?
A Supervision Order lasts for up to 12 months and can be extended for up to 3 years in total.
Key point for parents
A Supervision Order is generally seen as a less interventionist outcome than a care order. The child stays at home, and the parents keep parental responsibility. However, it comes with conditions, and failure to comply can lead the local authority to return to court for a care order.
Special Guardianship Orders (SGOs)
What is an SGO?
A Special Guardianship Order is made under Sections 14A–14G of the Children Act 1989. It gives a person (who is not the child’s parent) parental responsibility for the child. This is often a grandparent, aunt, uncle, or close family friend.
What does it mean in practice?
- The special guardian can exercise parental responsibility to the exclusion of everyone else (including the parents), though parents do not lose their parental responsibility entirely
- The child lives with the special guardian
- The special guardian makes all major decisions about the child’s upbringing — education, healthcare, religion, travel
- The arrangement is intended to be permanent and provides the child with stability without the need for adoption
- The birth parents may still have contact with the child, as agreed or ordered by the court
How long does it last?
An SGO remains in force until the child turns 18, unless it is varied or discharged by the court. Discharging an SGO is deliberately difficult — the applicant must first obtain the court’s permission (leave), and the court will only grant leave if there has been a significant change in circumstances.
Key point for parents
An SGO means your child will be raised by someone else. While you do not lose parental responsibility entirely, the special guardian has the final say on all day-to-day and major decisions. SGOs are often made when the court concludes that the child cannot safely return to the parents but adoption is not appropriate — for example, where a family member can provide a loving, stable home.
How Do These Orders Compare?
| ICO | Supervision Order | SGO | |
|---|---|---|---|
| Type | Temporary (during proceedings) | Final order | Final order |
| Who has parental responsibility? | Parents + Local Authority | Parents only | Parents + Special Guardian (guardian has priority) |
| Where does the child live? | Decided by local authority | With parents | With special guardian |
| Local authority involvement | High | Moderate (supervisory) | Usually minimal after order made |
| Duration | Until final order | Up to 3 years | Until child turns 18 |
What Should You Do If You Are Facing Care Proceedings?
Care proceedings move quickly, and the decisions made can have lifelong consequences for your family. It is vital to get specialist legal advice as early as possible.
At Adel Jibs Solicitors, our family law team has deep expertise in care proceedings. We represent parents, grandparents, and other family members at every stage — from the initial letter before proceedings through to final hearings and beyond.
We can help you:
- Understand the local authority’s concerns and what they are asking the court to do
- Respond to threshold documents and challenge the evidence against you
- Engage with assessments and present the strongest possible case
- Negotiate outcomes — including Supervision Orders or SGOs where appropriate
- Fight for your child at every hearing, with experienced advocates who know the Family Court
If you have been served with care proceedings, or if the local authority has raised concerns about your child, do not delay. Contact us immediately for a confidential consultation.
📞 Call us or 📧 email us — we are here to help.
This article is for general information only and does not constitute legal advice. For advice specific to your case, please contact Adel Jibs Solicitors directly.