Interim Care Orders

The Local Authority will make an application to Court for an Interim i.e. temporary, Care Order (ICO) when they have reasonable grounds to believe that a child is at risk of or has suffered significant harm as a result of the care being given to them by their parent/s, also known as threshold.

Parents will be given the opportunity to either agree, oppose or not actively oppose the making of the order via their legal representatives at a Court hearing before a family Judge or the Magistrates. The Court hearing will take place either urgently, within 2 days of the Local Authority making their application or within 18 days; this will depend on the IMMEDIATE risk of harm to the child and any safety plan in place.

If an ICO is granted the Local Authority will then share parental responsibility for the child along with the parents. This means that they can make decisions about the child's care, including where the child lives even if it conflicts with the parent’s wishes. Whilst an ICO is in a place a child could reside in foster care, with a relative/friend or at home with parents.

An ICO is only temporary until a final decision is made on where a child should live long term at which point a Full Care Order could be made, a Supervision Order, other private law order like a special guardianship order or a child arrangements order, or no order.

Interim Supervision Orders

If the Local Authority feel that the risk to the child is not so significant that it requires them to share parental responsibility, they may make an application for an Interim Supervision Order (ISO). Again, parents will be given the opportunity to either agree, oppose or not actively oppose the making of the order via their legal representatives at a Court hearing before a family Judge or the Magistrates. However, unlike an ICO application, an ISO application is likely to be listed within 18 days and not urgently.

An ISO places a duty on a Local Authority to "advise, assist, and befriend" the child and their family by offering support and guidance to address the risks identified without necessarily removing the child from their home. Another key difference between an ICO and ISO is that it does not give the Local Authority parental responsibility.

An ISO is only temporary until a final Supervision Order is made which typically lasts for a period of 12 months, but this can be extended for up to 3 years in total.

Key difference summary 

What Next

If you’ve been told about an Interim Care Order or Interim Supervision Order, it’s vital to act quickly. Our Children Law specialists across our 4 offices in Chesterfield, Derby, Mansfield and Nottingham are here to help you understand your rights and represent you in court. Make an enquiry today. 

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