If you’re a parent who has been told that social services are seeking a child protection order, it’s important to understand what that means, how it could affect your family, and what rights you still have throughout the process.

A child protection order is a serious legal measure that can give the local authority the power to make decisions about your child’s care and living arrangements. This article explains the difference between the main types of orders, how they work, and how a care proceedings solicitor can help you respond.

What Is a Child Protection Order?

The term child protection order is often used informally to describe legal measures taken by the court to protect a child from harm. In the context of care proceedings in England and Wales, these orders typically refer to:

• Interim Care Orders (ICO)

• Final Care Orders

• Interim Supervision Orders

• Final Supervision Orders

These orders are issued by the Family Court under Section 31 of the Children Act 1989, usually when the local authority believes that a child is suffering, or is at risk of suffering, significant harm. A formal application to court is part of what are known as public law proceedings.

What Are Care Orders?

A Care Order gives the local authority shared parental responsibility for your child. This means the local authority can make important decisions about your child’s life, including where they live, their education, and medical treatment. A Care Order can be made on an interim (temporary) basis while the case is ongoing, or as a final order at the end of proceedings.

An Interim Care Order is typically made at the first court hearing in care proceedings. It allows the local authority to make short-term arrangements to safeguard the child while the case is still being assessed. This might include placing the child with a foster carer, a relative (known as kinship care), or in a residential placement.

A Final Care Order, if granted, can remain in place until the child turns 18 unless it is successfully discharged earlier. It is a long-term legal order that gives the local authority continued shared parental responsibility.

What Is a Supervision Order?

A Supervision Order is different from a Care Order. It does not give the local authority parental responsibility. Instead, it allows the local authority to monitor and support the family while the child remains at home. The social worker must “advise, assist and befriend” the family, and the order usually lasts for 12 months but can be extended for up to three years.

Supervision Orders are generally considered when the court believes that a child can remain safely with their parents, but with oversight and structured support. This could include parenting courses, family support workers, and regular home visits.

When Is a Child Protection Order Made?

A child protection order, such as an Interim Care Order or Interim Supervision Order, is usually made at the start of care proceedings. The local authority will submit an application to the Family Court, along with supporting evidence. The judge will then decide whether the child is at immediate risk and what type of order, if any, is required to keep the child safe.

Throughout the process, the court will continue to review the child’s situation, usually through multiple hearings, before making a final decision. The aim is to determine the best long-term arrangement for the child, whether that means returning home, living with a relative, or being placed in long-term foster care.

Do Parents Have a Say?

If the local authority applies for a child protection order, you have the legal right to:

• Be notified of the application

• See all the evidence submitted to the court

• Attend all court hearings

• Be represented by a solicitor

• Submit your own written statement

• Challenge the local authority’s recommendations

• Suggest alternative family members who can care for your child

You do not have to go through this process alone. A specialist care proceedings solicitor will support you at every stage, from responding to the initial application to preparing your statement and representing you in court.

You are also entitled to court order for child protection help through legal aid, meaning your solicitor’s fees are fully covered if you are a parent or have parental responsibility. This applies regardless of your income or financial situation.

What Factors Does the Court Consider?

The court’s primary concern in all child protection cases is the welfare of the child. When deciding whether to issue a Care Order or Supervision Order, the judge will consider:

• The nature of the concerns raised by the local authority

• The child’s physical and emotional needs

• The capability of the parents to meet those needs

• The effect of any harm the child has already suffered

• The risk of future harm if the child remains at home

• Whether there are safe family members who can provide care

The court does not take these decisions lightly. It will rely on a wide range of evidence, including social work reports, medical records, school information, and, where necessary, expert assessments. As a parent, your input is an essential part of that process.

Can a Child Be Returned Home After a Care Order?

If a Final Care Order is made and your child is placed in care, you may be able to apply to discharge the order later, if your circumstances have improved significantly.

For example, if you’ve completed a drug or alcohol treatment programme, left an abusive relationship, or made substantial changes to your parenting, the court may consider whether it’s now in the child’s best interests to return home. Your solicitor can help you prepare an application to the court with updated evidence.

Why Legal Representation Matters

Being involved in care proceedings is a serious legal process that can lead to life-changing outcomes for your family. Having expert legal advice and representation from a care proceedings solicitor is crucial to ensure your rights are protected and your voice is heard.

Your solicitor will:

• Explain the legal process in plain terms

• Help you respond to concerns raised by the local authority

• Represent you at all court hearings

• Advise you on assessments, contact with your child, and next steps

• Help explore alternatives, such as placing the child with a family member

Because of the nature of child protection cases, you are automatically entitled to care proceedings legal aid as a parent or legal guardian. This means there is no cost to you.

Final Thoughts

A child protection order, whether in the form of a Care Order or Supervision Order, is a tool used by the court to ensure that children are safe. But it does not mean you are without rights. The law recognises the importance of involving parents and giving them the opportunity to improve their circumstances and care for their children wherever possible.

The key is to engage early, understand what’s being asked of you, and work closely with your solicitor. With the right advice and support, many families are able to demonstrate that their children can remain safely in their care or be reunited after a period away.

Speak to a Care Proceedings Solicitor

If you’ve been told the local authority is applying for a child protection order, or you’re already involved in care proceedings, speak to an experienced solicitor as soon as possible. At Berkson Family Law, our team specialises in child protection, public law proceedings, and court representation.

Contact us today for a free, confidential consultation.
Phone: 0151 236 1234
Email: info@berksonfamilylaw.co.uk