If you are reading this, you might have just heard the term “Interim Care Order” in a court, a solicitor’s office, or a meeting with social services. I know the feeling—the sudden drop in your stomach when legal terms start flying around. It feels overwhelming.
But let’s pause and take a breath.
As someone who has lived through the care system and now works to support others within it, I want to strip away the jargon. I wrote this guide to give you clear, honest answers about what an Interim Care Order means for you and your child.
Table Of Contents
What is an Interim Care Order?
An Interim Care Order (ICO) is a temporary court order issued by the Family Court. It places a child under the care of the Local Authority (social services) while court proceedings are ongoing.
It does not mean a final decision has been made. Instead, it is a “holding” measure designed to keep a child safe while the court and professionals gather more information to decide what the long-term plan should be.
What does the legislation say?
The legal power for an Interim Care Order comes from Section 38 of the Children Act 1989.
The law states that a court can only make this order if it is satisfied there are “reasonable grounds” to believe that:
- The child is suffering, or is likely to suffer, significant harm.
- This harm is due to the care being given (or not given) by the parents, or because the child is beyond parental control.
Is it the same as Section 31 (A Care Order)?
No, they are different, though they are connected.
- Section 38 (Interim Care Order): This is temporary. The judge only needs to see “reasonable grounds” for concern. It is used during the investigation.
- Section 31 (Care Order): This is the final order made at the end of proceedings. For a full Care Order, the court must be fully satisfied (proven) that the “threshold criteria” for harm have been met.
Think of the Interim Care Order as a “safety net” while the court decides if a Section 31 Care Order is actually necessary.
Why is it used?
Social services apply for an ICO when they believe a child is not safe remaining in their current situation without the Local Authority sharing responsibility. It allows them to:
- Ensure the child is in a safe place immediately.
- Have the time (usually 26 weeks) to carry out assessments, speak to family members, and write reports.
How long can it be used for?
An ICO is strictly time-limited.
- First Order: Can last up to 8 weeks.
- Renewals: If the case isn’t finished, the court can renew the order for periods of 28 days (4 weeks) at a time.
The goal of the Family Court is usually to finish all proceedings within 26 weeks so that children aren’t left in limbo.
Reports: What happens next?
During the weeks the ICO is active, you will see a lot of activity. The court will order various reports to help them make a final decision:
- Social Worker Statement: Detailing the Local Authority’s concerns and plans.
- Guardian’s Report: The Children’s Guardian (an independent person appointed by the court) will speak to the child and write a report on what they think is in the child’s best interests.
- Expert Assessments: These might include psychological assessments of parents, DNA tests, or drug and alcohol testing if relevant.
My Advice: Be honest with the professionals writing these reports. It is the best way to ensure your voice is heard.
What do Interim Care Orders mean for Parental Responsibility?
This is one of the most common questions I get. You do not lose Parental Responsibility (PR).
However, under an ICO, you must share Parental Responsibility with the Local Authority. Crucially, the Local Authority has the power to limit your use of PR if they believe it is necessary to safeguard the child.
For example, they can decide where the child lives or which school they attend, even if you disagree. However, they legally must consult you on major changes unless it’s an emergency.
Where will my child live?
An ICO gives the Local Authority the power to decide where the child lives. This could be:
- With a Foster Carer: A vetted family approved by the council.
- With a Family Member (Kinship Care): An aunt, grandparent, or older sibling who has been assessed as safe.
- Residential Care: A children’s home (usually for older children/teenagers).
- At Home: In some cases, a child remains at home under an ICO, but with strict rules (Placement with Parents Regulations).
Can it be challenged?
Yes, but it is difficult and time-sensitive.
- Appeal: You can appeal an ICO, but you must usually file the notice within 7 days (or sometimes 21 days depending on the judge’s direction). You generally need to prove the judge made a legal error or was “plainly wrong”.
- Discharge: You can apply to “discharge” (end) the order if there has been a significant positive change in circumstances, though courts often prefer to wait for the final hearing.
If you disagree with an ICO, speak to your solicitor immediately. Legal aid is usually automatically available for parents in these care proceedings.
Next Step for You If you are a parent facing an Interim Care Order, do not go through this alone. Make sure you have a specialist solicitor who is a member of the Law Society Children Law Accreditation Scheme. If you need help understanding the jargon in your reports, feel free to read our guide on [Understanding Social Worker Language].
Stay strong. You are your child’s most important connection.
Disclaimer: I am a Director and Life Story Blogger, not a solicitor. This article provides information based on my professional and lived experience but does not constitute legal advice. Always consult a qualified family law solicitor.
0 Comments