Court orders if a child is at risk
If we believe a child is in danger or at risk of significant harm, we can apply for one of the following orders through the magistrates' court to help us protect them.
Child protection order
An emergency child protection order allows us to remove a child from their home. Courts only make these orders if they’re satisfied that the child is likely to suffer significant harm, or would be in danger, unless they’re moved to a place of safety.
Child protection orders also give us parental responsibility for the child. The order lasts for eight days, although it’s possible to extend it for a further seven days.
Child assessment order
We can apply for a child assessment order if:
- we (or the NSPCC) have concerns about a child's welfare; and
- the child's parents refuse to allow their child to be examined
Courts will only grant an assessment order if they’re satisfied that:
- we have reasonable cause to suspect that the child's suffering, or is likely to suffer, significant harm
- we need an assessment of the state of the child's health and development, or of the way they've been treated, to help us determine whether they're suffering or are likely to suffer significant harm
- it's unlikely without the assessment order that a satisfactory assessment will be made
The court must regard the child's welfare as paramount, and be satisfied that making the order would be better for the child than no order at all.
When a court grants an assessment order, it specifies the date by which the assessment should begin. We have seven days to make the assessment, which usually involves an initial assessment of the child’s medical, intellectual, emotional, social and behavioural needs.
Care order
A care order is a court order that places a child in our care. We then share parental responsibility for the child with the parents. We'll make most of the important decisions about the child's upbringing, such as where they live and how they’re educated.
Only the council or the NSPCC can apply for a care order, and only children under 17 can be placed under a care order.
The court will only make a care order if they’re satisfied that:
- the child concerned is suffering, or is likely to suffer, significant harm; and
- the harm or likelihood of harm is a result of:
- the care given to the child, or likely to be given to them, if the order was not made
- the child being beyond parental control
- the care not being what it would be reasonable to expect a parent to give
Supervision order
The conditions for making a supervision order are the same as for care orders, but the effects of these are different. Supervision orders don’t give us the responsibility of looking after the child, nor do they give us parental responsibility.
A supervision order puts the child under the supervision of a designated council officer or a probation officer who will:
- advise, help and befriend the child
- take all reasonable steps to see that the order takes effect
- consider applying for a variation or discharge of the order if it’s not being complied with or if they feel it’s no longer needed
A supervision order will usually last for one year, but can last up to three years if the supervisor decides to apply for the order to be extended.
Secure accommodation order
Apart from certain juveniles remanded to council accommodation, children can’t be placed or kept in accommodation that restricts their freedom. The exception to this is if they have a history of running away and are likely to do so again, suffer significant harm, or injure themselves or others if placed in alternative accommodation.
Such children may be placed in secure accommodation for a maximum period of 72 hours without court authority. If we want to keep them in secure accommodation beyond that period, we have to apply to the court.
The maximum period a court can authorise a child to be kept in secure accommodation is three months for a first application. If further applications are made to keep the child in secure accommodation, these can be up to six months.
For more information
Call 01226 773555 or