When Social Services become involved in a family's life, it can be an extremely distressing and confusing time for parents. In Northern Ireland, Care Orders are legal mechanisms that allow Social Services to intervene when a child is at risk of significant harm. It is crucial for parents to understand their rights and the legal process involved in Care Orders to effectively respond and protect their child’s future.

What is a Care Order?

Care proceedings are issued by Social Services when they have strong grounds to believe that a child is suffering or is likely to suffer significant harm. A Care Order, if granted, gives Social Services parental responsibility which allows them to make decisions about a child's welfare, including where they will live and who they will have contact with.

There are other types of Orders that a Court can make in the course of care proceedings:

• Emergency Protection Order (EPO) - Social Services can apply for an Emergency Protection Order (EPO) seeking the immediate removal of a child from parental care if there is an urgent risk of harm.
• Interim Care Order (ICO)  - An Interim Care Order (ICO) can be made giving Social Services temporary parental responsibility for a child while investigations and assessments of the family circumstances are taking place.
• Care Order – a full Care Order when granted will give long-term parental responsibility to Social Services.  This Order would be in place until the child turns 18 or the Care Order is discharged.
• Supervision Order - a Supervision Order allows Social Services to stay involved in a child’s life for a specified period of time and monitor how that child is doing, though this Order does not give any parental rights to Social Services.  

• Family Assistance Order (FAO) - a Family Assistance Order is a short-term court order which allows Social Services to offer guidance and assistance to parents, children, or other involved parties to promote the child’s welfare.

When will the Court make a Care Order in respect of a child?

The Court will only grant a Care Order if it is satisfied that:

• A child is suffering or is likely to suffer significant harm; and
• The harm is due to inadequate care or the child being beyond parental control; and
• A Care Order is in the child’s best interests.

What is the general legal process of a Care Order application?

If concerns are raised about a child's welfare, Social Services will conduct an investigation into those concerns. 

If, following assessment of the situation, Social Services believe a child is suffering or is at risk of suffering significant harm, they may consider it necessary to make an application for a Care Order.  In some instances, Social Services may invite parents to a pre proceedings meeting where they set out their concerns and the steps that need to be taken by each parent to avoid an application being made to the Court.

If issues are not resolved, Social Services may proceed with applying to the Court for a Care Order.  Each person with parental responsibility will be notified of this application and provided with a copy of the Court papers setting out the concerns and reasons for the application. It is important if you are served with Court papers of this nature that you seek urgent legal advice.

The Court may be asked by Social Services to consider making an Interim Care Order while assessments continue.   The case is normally timetabled to allow for the appointment of a Children’s Court Guardian to represent the child’s interests and also to allow for parents to file statements with the Court prior to any Hearing. 

If there are assessments ongoing or expert evidence is required, then the case can be adjourned to allow for these assessments and reports to be completed.

Ultimately, the case will be listed for a final Hearing whereby the Judge will consider all of the evidence and views of all parties involved and decide whether a Care Order is in the best interests of the child.

If a Care Order is granted and a parent disagrees with the outcome, they may be able to appeal the Court's decision though it would be important to seek legal advice about whether there are grounds for an appeal.

How can I challenge a Care Order?

If your child is placed under a Care Order, there are ways to challenge it:

• If you can show that your circumstances have improved and the child is no longer at risk, you may be able to apply to discharge the Care Order
• You may be able to request an independent social work assessment if you believe the Trust’s conclusions are unfair.
• Attending parenting courses, therapy, or drug/alcohol rehabilitation (if relevant) can demonstrate to the Court and Social Services your commitment to making and sustaining changes in your live.
• If you are separated from your child, you can apply to the Court to increase contact.

What are my rights as a parent if Social Services apply for a Care Order?

Even if Social Services apply for a Care Order or are granted an interim Care Order,  as a parent, you continue to have legal rights. You have the right to attend all Court hearings and present your case with the assistance of a solicitor.  You will obtain Legal Aid for legal representation in these cases.

You can challenge Social Services' claims and provide your own evidence to the Court.  You can ask the Court to adjudicate on contact between you and your child throughout proceedings. 

You will be encouraged to engage fully in the Court proceedings and to work with Social Services to do any work that has been identified to help improve the situation which has caused the application to the Court.

A Care Order is a serious legal matter that significantly impacts parental rights and your child’s future. If Social Services are seeking a Care Order for your child, it is essential to act quickly, seek legal advice, and understand your rights. With the right support and legal representation, you can work towards the best possible outcome for your family.

For advice and assistance with any children's matter involving Social Services, please contact Emma Stratton on estratton@fhanna.co.uk or call 028 9024 3901 for a free initial consultation.