A Care Order can only be made after LA makes an application to its local Family Proceedings Court. If the Court considers that there are reasonable grounds for believing that the threshold criteria are met then it can make an Interim Care Order under Section 38 of the Children Act 1989 whilst the Court case is ongoing. The Court process by which the LA seek a Care Order is called care proceedings. The LA must consider whether to issue care proceedings where it believes after a Section 47 investigation that a child has suffered or is likely to suffer significant harm, if the child has been made the subject of police protection powers, a Child Assessment Order or an Emergency Protection Order, or where a parent has persistently failed to ensure the child complies with an Education Supervision Order. The Court cannot force a LA to issue care proceedings but can direct it under Section 37 of the Children Act 1989 within private law proceedings to investigate the child’s circumstances where it considers the child may be at risk of harm. The LA must then prepare a report on whether it believes a Care or Supervision order should be sought in the circumstances.
Posted on: Fri, 16 Jan 2015 22:54:12 +0000
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