What is the Difference between a Care Order and an Interim Care Order?

An Interim Care Order (ICO) is a short-term order made by the court in the child protection cases. This order is put in place when there are significant worries regarding a child’s safety and is intended to be in place while further enquiries and investigations are made on what is right in the long term interests of a child or children.  

An Interim Care order gives the Local Authority Parental Responsibility which they share with the parents. This allows them to make decisions regarding the child’s living situation and whilst they must consult with parents they often have the final say on day to day decisions about the children. 

An interim care order is often made to last until the end of the care proceedings. At that stage the Judge will decide whether or not they need to make a final care order (see below) or whether there does not need to be any order in place at all. 

Once an ICO is issued, a number of steps follow as part of the child protection procedure. 

The child will be placed with a foster family, in a residential care facility, or occasionally with a relative or family member. The specific placement will be determined by the situation and what the court believes is best for the child. The making of an interim care order does not always mean a child will be removed from your care – it might mean that a child/children can remain at home as long as there is a plan in place to keep them safe. 

The local authority needs to investigate in more detail the child’s well-being and work with the family to decide if it’s safe for the child to go back home. This process may include doing different forms of assessments, support for parents, or other measures designed to address the problems that resulted in the Order. 

As an ICO is only a short-term order, there will typically be more court hearings to determine what happens next. The court might decide to issue a Final Care Order if they believe the child requires long-term care. On the other hand, if the safety issues have been resolved, the court may choose to return the child to their home. 

Parents or guardians will need to have parenting assessment sessions to show they can offer a safe environment for the child and that they understand why professionals are worried about the children and reassure them that the children are safe.  

A Care Order is a long term order issued by the court that grants shared parental responsibility between the local authority and the parents. However, the local authority takes over the responsibility for making major decisions regarding the child’s wellbeing. This includes where they live, their education, and their medical care.  

With a final care order a child may remain in a placement outside the home, whether that is in foster care, with a family member or in residential care. However, sometimes they can still remain at home but in these situations the Court think that the family still needs a bit more support and oversight to make sure the child or children are safe.  

This order is intended to be a long-term arrangement. It remains in place until the court decides otherwise, or until the child turns 18. You can apply to discharge a care order if you do not think the order is needed any more.  

To summarise, the main distinctions between a care order and an interim care order lie in their duration, purpose, and timing.

GSB has been a trusted name in child care law since 1981. Our commitment is to prioritise the well-being and best interests of children.  

If you want to know more about how our professional and expert Child Law Solicitors can assist you with Care Orders and Interim Care Orders, please reach out to us today.