Children's Orders
Stockton Council is the statutory Children's Services Authority and has responsibility to safeguard and promote the well-being of all Children in Need within its area.
Occasionally, the Council will have to consider/initiate Legal Proceedings in respect of children who require protection due to them suffering or being at risk of suffering significant harm. This could include physical, emotional or sexual abuse or neglect. Set out below are the types of Legal Orders that can be sought.
1. Police Protection · Does not confer parental responsibility to the Police or the Local Authority. · Can last up to 72 hours. · Child should be placed in Local Authority accommodation.
2(a) Emergency Protection Order · Gives Local Authority shared parental responsibility. · Enables Local Authority to say where child will live whilst Order in force. · Local Authority must promote contact unless Court directs otherwise. · Lasts up to 8 days (can be extended up to further 7 days).
2(b) Recovery Order · Where child subject to Care Order or EPO & · Child missing from placement. · Authorises Police to search premises. · Requires people with knowledge of child's whereabouts to divulge the information. · Requires child to be produced by anyone able to do so.
2(c) Child Assessment Orders · Order for an Assessment of a child's health, development or of the way in which a child has been treated. · Required when an assessment of child is needed but cannot take place as child's parents will not agree or co-operate · This Order can last for a maximum of seven days but can be granted for a shorter period.
3. Care Order · Gives Local Authority shared parental responsibility but Local Authority takes responsibility for child. · Local Authority decides where child lives and other aspects of child's welfare eg Education, medical treatment. · Local Authority should consult parents (and child if mature enough). · Local Authority must promote contact. · Can last until child reaches 18.
4. Interim Care Order · On the first occasion can be made for up to 56 days. Renewals last up to 28 days and can be renewed until Court concludes care proceedings. · Same effect as Care Order.
5. Supervision Order · Local Authority to advise, assist and befriend child. · Can include directions or empower supervisor to give directions to child. · Lasts up to 1 year but can be renewed for up to further two years. · Does not give Local Authority parental responsibility.
6. Interim Supervision Order · On the first occasion can be made for up to 56 days. Renewals last up to 28 days and can be renewed until Court concludes care proceedings. · Same effect as Supervision Order.
7. Family Assistance Order Appoints Social worker or CAFCASS to advise, assist and befriend child/carer. Lasts up to six months.
8. Contact Order · Where Care Order in force, Section 34 Order can determine who a child is or is not to have contact with. · Local Authority cannot refuse contact between child and parents for more than seven days without a Section 34 Order authorising refusal.
For further information about Orders you can contact a Solicitor or Citizens Advice Bureau. Some solicitors specialise in children and family law and are on the Children Panel or the Family Law Panel of the Law Society.
Children's Orders
