This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn what a care order is in England and Wales, how it affects parental rights and responsibilities, the legal process for making such orders under the Children Act 1989, and what this means for parents, children and local authorities.
A care order is one of the most significant legal interventions the family courts in England and Wales can make in relation to a child's upbringing. Care orders form part of care proceedings under the Children Act 1989 and are used when a local authority believes a child is suffering, or is likely to suffer, significant harm without court‑sanctioned intervention. This article explains what a care order is, how it affects parental rights and responsibilities, the legal process involved, practical implications for families, timeframes, rights of parents and children, and common questions that arise. All explanations draw on current legal provisions and authoritative guidance.
What Is a Care Order?
A care order is a court order made under Section 31 of the Children Act 1989. It gives the designated local authority parental responsibility for a child and allows the authority to decide where the child lives and how they are looked after. A care order is made only if the court is satisfied that the child is suffering, or is likely to suffer, significant harm and that this harm is attributable to the care they are receiving or to them being beyond parental control.
Care orders can be made as interim care orders (temporary orders during care proceedings) or full care orders at the conclusion of proceedings. An interim order can last until the next hearing or until proceedings conclude.
Parental Responsibility and Rights
Shared Parental Responsibility
When a care order is made, the local authority acquires parental responsibility for the child. Parental responsibility is defined by Section 3(1) of the Children Act 1989 as “the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and their property.”
Under a care order:
- The local authority shares parental responsibility with the child's parents and any other existing holders of parental responsibility. It does not extinguish the parents' legal status or parental responsibility.
- The local authority may exercise parental responsibility to the exclusion of the parents, meaning it can make final decisions about the child's day‑to‑day life even if a parent disagrees.
Limits on Parental Actions
Parents retain many rights, but there are important limitations while a care order is in force:
- A parent cannot change the child's surname without the written consent of all persons with parental responsibility, including the local authority, or a court order.
- A parent cannot remove the child from the UK for more than 28 days without consent from all holders of parental responsibility or the court's permission.
- The local authority may place the child in foster care or with relatives if it is considered necessary for the child's welfare.
Although parents still have parental responsibility, the local authority's involvement typically means parents have limited practical control over major decisions about the child's residence, schooling, medical treatment and other significant issues.
Duties of the Local Authority
Once a care order is in place, the local authority is legally obliged to:
- Provide accommodation and maintenance for the child for the duration of the order (usually until the child turns 18, unless the order is discharged earlier).
- Safeguard and promote the child's welfare while they are looked after.
- Consult and consider the views of the child, the parents and others with parental responsibility when major decisions are taken, although the local authority has the final decision‑making authority in disputed cases.
- Ensure the child and parents have reasonable contact, subject to the child's welfare.
The local authority's duties also extend to regular reviews of the child's care plan and, where appropriate, assistance in achieving permanence - whether through rehabilitation to the family or alternative long‑term care solutions.
The Care Proceedings Process
Care orders are made through care proceedings in the Family Court. These begin when the local authority applies to the court, usually after a Section 47 child protection investigation has identified safeguarding concerns. Early in proceedings, the court may grant an interim care order to provide immediate protection while evidence is gathered.
During proceedings:
- The court receives reports from the social worker and from an independent Children's Guardian appointed by Cafcass (Children and Family Court Advisory and Support Service).
- Parents have the right to be represented by solicitors and to attend hearings.
- The court weighs evidence to decide whether the threshold criteria for a care order are met and whether such an order is necessary and proportionate to protect the child.
Family courts aim to conclude care proceedings within 26 weeks, though complex cases may take longer.
Contact and Living Arrangements
A care order gives the local authority the authority to determine where the child lives, which might include:
- Remaining with one or both parents, if this is safe and appropriate.
- Placement with relatives or friends.
- Placement in foster care or a children's home.
While the local authority decides living arrangements, parents normally have a right to reasonable contact with the child, subject to arrangements in the care plan. The level and form of contact are chosen to promote the child's welfare and safety.
Discharge and Variation of Care Orders
A care order need not automatically remain in force until the child turns 18. An application to discharge (end) the order can be made by:
- The parents,
- The child (if mature enough),
- The local authority, or
- Any other person with parental responsibility.
Discharge may be appropriate if the circumstances that led to the making of the care order have changed so that the order is no longer necessary to safeguard the child's welfare.
Common Questions
Do parents lose parental responsibility under a care order?
No. Parents retain parental responsibility, but the local authority exercises shared responsibility and may have greater influence over decisions affecting the child's welfare.
Can a parent challenge decisions made by the local authority?
Yes. Parents may raise concerns with the local authority, seek reviews of care plans, or challenge particular decisions in court, typically with legal representation. Legal aid may be available for eligible families.
Does a care order mean a child is “in care”?
Children subject to care orders are generally described as looked after by the local authority. Even if they remain living with parents, they are formally cared for under the authority's responsibility.
Key Takeaways
A care order is a public law court order made under the Children Act 1989 when a child is suffering, or is likely to suffer, significant harm. It gives the local authority parental responsibility shared with the parents, allowing the authority to make key decisions about the child's care and residence to protect their welfare. While parents retain legal rights and parental responsibility, their ability to control decisions is limited while the care order is in place. Care orders usually last until the child reaches 18 but can be discharged earlier if circumstances improve. The process involves careful court consideration of evidence, social work reports and the child's best interests.
