If your child is currently under a care order, you may be wondering whether it’s possible to have that order removed and what steps you need to take.
The short answer is yes, a care order can be discharged, but the process is far from simple.
If your child is subject to a care order, understanding your rights and the legal steps involved is essential.
Rachael Pyke, Solicitor in Bromleys’ Care team, explains what a care order means, who can apply to discharge it, and what evidence the court will expect to see.
What Is a Care Order?
A care order is made under Section 31 of the Children Act 1989 when a court decides a child is suffering, or likely to suffer, significant harm.
It gives the local authority parental responsibility, which it shares with anyone who already had parental responsibility (usually parents).
A care order usually lasts until the child turns 18, unless the court discharges it earlier.
Who Can Apply to Discharge a Care Order?
Under Section 39 of the Children Act 1989, an application can be made by:
- Anyone with parental responsibility (usually parents)
- The child, if they are over 16
- The local authority involved in the case.
What Do You Need to Show to Discharge a Care Order?
The court will only consider discharging a care order if there has been a significant and positive change in circumstances since the order was made.
Examples include:
- Sustained abstinence from drugs or alcohol
- Improved mental health
- Stable housing and financial security.
The court’s paramount concern is the child’s welfare, which is assessed using the welfare checklist in Section 1 of the Children Act 1989. This includes assessing the child’s wishes, needs, and the likely effect of any change.
How Do You Apply to Discharge a Care Order?
You must make a formal application to the family court using Form C110A, supported by a statement and evidence of changed circumstances.
The court will seek the local authority’s views and may order further assessments, a process which will take several months.
Is Legal Aid Available for Discharging a Care Order?
Yes, but it is means and merits tested.
This means your income, savings, and the strength of your case will be assessed. You’ll usually need to provide three months’ worth of bank statements to check eligibility.
How Bromleys Can Help?
Discharging a care order is complex and emotionally challenging. Our specialist family law team can guide you through every step, from preparing your application to representing you in court.
Call us on 0161 330 6821 or email bromleys@bromleys.co.uk for expert guidance.