What Is a Care Order?
A care order is a court order, made under Section 31 of the Children Act 1989, that places a child in the care of the local authority. It gives the local authority parental responsibility for the child, which it shares with the parents, and the authority decides where the child lives – which may be with relatives, foster carers or in a residential children’s home.
The Threshold for a Care Order
A court can only make a care order if the “threshold criteria” are met. It must be satisfied that:
- The child is suffering, or is likely to suffer, significant harm, and
- That harm is due to the care given (or likely to be given) not being what a reasonable parent would provide, or the child being beyond parental control
Even when the threshold is met, the court must still decide that an order is in the child’s best interests, guided by the welfare checklist and advice from Cafcass.
Care Order vs Supervision Order
These two orders are often considered together but are very different:
Care Order
A care order gives the local authority parental responsibility and the power to decide where the child lives.
Supervision Order
A supervision order does not give parental responsibility; instead it places a duty on the local authority to advise.
What a Care Order Means for Parental Responsibility
How Welcare Works Within Care Proceedings
Where a child subject to a care order is placed with Welcare, our therapeutic care staff work in partnership with the local authority that holds parental responsibility. We provide stable, nurturing care, share accurate information for reviews and court, and keep the child’s voice and best interests at the centre of everything we do.
Practical questions during care proceedings
Families should seek specialist legal advice rather than relying on general information alone. Useful questions include:
What evidence is said to meet the significant-harm threshold?
What care plan and contact arrangements is the local authority proposing?
What are the child's wishes and the Children's Guardian's recommendations?
What support or assessments could make a safe family or kinship option possible?
A care order does not automatically end family relationships or remove parents’ parental responsibility.
The Child's Voice During and After Proceedings
A care order changes who can make important decisions, but it does not remove the child’s right to be heard. The child’s age and understanding will shape how views are gathered. A Children’s Guardian and solicitor represent the child’s interests during proceedings, while social workers, carers and the IRO help the child participate in care planning afterwards.
After an order is made, the care plan remains active and must be reviewed. Family relationships, education, health, identity, placement stability and the child’s long-term plan all require attention. Contact arrangements should respond to the child’s needs rather than become a routine that nobody reassesses. If circumstances change substantially, the local authority and other parties may need legal advice about whether the order or plan should change.
Final Thoughts
A care order is one of the most significant decisions a family court can make, used only when a child is at risk of significant harm. By placing a child in the care of the local authority, it aims to keep them safe - always with the child's welfare as the paramount concern.
Frequently Asked Questions (FAQs)
A court order under Section 31 of the Children Act 1989 that places a child in the care of the local authority and gives it parental responsibility.
The court must be satisfied the child is suffering, or is likely to suffer, significant harm linked to the care being given, and that an order is in the child's best interests.
A care order gives the local authority parental responsibility and the power to decide where a child lives. A supervision order does not give parental responsibility and the child usually stays with their family.
No. Parents keep parental responsibility but share it with the local authority, which can determine how far parents may exercise it.
Usually until the child turns 18, unless it is discharged or replaced by another order such as a special guardianship order.