Interim Care Order in UK Law

Leading Cases
  • Re G (Minors) (Interim Care Order)
    • Court of Appeal (Civil Division)
    • 21 Jul 1993

    The regime of interim care orders laid down by section 38 of the Act (with its limitation to maximum periods of eight weeks in the first instance and four weeks thereafter) is designed to leave the court with the ability to maintain strict control of any steps taken or proposed by a local authority in the exercise of powers that are by their nature temporary and subject to continuous review.

  • C. (A Minor) (Interim Care Order: Residential Assessment), Re
    • House of Lords
    • 28 Nov 1996

    Section 38(6) deals with the interaction between the powers of the local authority entitled to make decisions as to the child's welfare in the interim and the needs of the court to have access to the relevant information and assessments so as to be able to make the ultimate decision. Section 38(6) deals with the interaction between the powers of the local authority entitled to make decisions as to the child's welfare in the interim and the needs of the court to have access to the relevant information and assessments so as to be able to make the ultimate decision.

    The purpose of subsection (6) is to enable the court to obtain the information necessary for its own decision, notwithstanding the control over the child which in all other respects rests with the local authority. The purpose of subsection (6) is to enable the court to obtain the information necessary for its own decision, notwithstanding the control over the child which in all other respects rests with the local authority.

    The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child. The interaction between the child and his parents or other persons looking after him is an essential element in making any assessment of the child.

  • Re K and H (Children) (Interim Care Order)
    • Court of Appeal (Civil Division)
    • 20 Dic 2006

    Decisions in this court have emphasised that at an interim stage the removal of children from their parents is not to be sanctioned unless the child's safety requires interim protection. The cases to this effect already reported are H (A Child) (Interim Care Order) [2003] 1 FCR 350 and M (Interim Care Order: Removal) [2006] 1 FLR 1043. Mr Hepher also draws attention to a similar approach in the European case of Haase v Germany [2004] 2 FLR 39.

  • Re LA (Care: Chronic Neglect)
    • Court of Appeal (Civil Division)
    • 14 Jul 2009

    In the first, the case of Re H, the crucial paragraphs are 38 and 39, from which can be extracted two propositions, the first that the decision taken by the court on an interim care order application must necessarily be limited to issues that cannot await the fixture and must not extend to issues that are being prepared for determination at that fixture.

  • London Borough of Southwark v B
    • Court of Appeal (Civil Division)
    • 14 May 1993

    The paramount consideration for any court dealing with a Rule 4.5 application is accordingly the question whether the withdrawal of the care proceedings will promote or conflict with the welfare of the child concerned. It is not to be assumed, when determining that question, that every child who is made the subject of care proceedings derives an automatic advantage from having them continued.

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Legislation
  • Children and Families Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... of section 21 of that Act (placement orders) to place C for adoption. . . (9B) Where this ... S-8 . Contact: children in care of local authorities 8 Contact: children in care ... Children Act 1989 (court's power to make interim care and supervision orders, and to give ......
  • Children Act 1989
    • UK Non-devolved
    • 1 de Enero de 1989
    ...... respect to fostering, child minding and day care for young children and adoption; and for ...discharge a section 8 order, and the making, variation. or discharge of the ...under this section, a court may make an interim order. permitting the child to be kept during the ......
  • Criminal Justice (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
    ......elay the arrest in order to seek a warrant for the person's arrest. . ... to a compulsory supervision order, or an interim compulsory supervision order, made under the ... includes guardian and any person who has the care of the person mentioned in subsection (1),. . . ......
  • Adoption and Children Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......order under this Act unless it considers that making ...the Care Standards Act 2000 (c. 14); but in relation to ... . . (b) no interim care order is in force,. . . the court may give ......
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Books & Journal Articles
  • Opening the floodgates: the price of modernisation of child law
    • Núm. 5-2, Junio 2010
    • Journal of Children's Services
    • 60-63
    The Children Act 1989 forms a modern and integrated legal framework for children proceedings. A victim of its own success, the Act has brought child care law into the spotlight, with more public la...
    ...... its own success, the Act has brought child care law into the spotlight, with more public law ... public law system, a joined-up code of orders, suitable for most if not all types of family ... the relevant summons and applied for an interim care order in the juvenile court under the ......
  • Magistrates Courts
    • Núm. 44-2, Mayo 1980
    • Journal of Criminal Law, The
    ...... local authority sought a place of safety order on the grounds that:- "It was probable that, ... Act and application made for an interim care order at the first hearing. The Magistrate ......
  • Necessary to Remove a Child from the Jurisdiction?
    • Núm. 76-3, Junio 2012
    • Journal of Criminal Law, The
    ...... abuse did not occur and made a contact order providing access.The judge also found that the ... the local authority was going to seek a care order. On 31 March. 202. Necessary to Remove a ...harm, including through the use of interim orders, and so it is submittedthat the Court of ......
  • Emergency powers for child protection
    • Núm. 1-2, Octubre 2006
    • Journal of Children's Services
    • 31-40
    This article examines the use of emergency intervention for child protection in England by the police and social services to establish when and why powers are used and what subsequently happens. It...
    ......2) The Emergency Protection Orders (EPO)study,which examined EPO applications though ...EPOs are followed by care proceedings.Key wordschild protection; emergency; ... by giving noticeand obtaining an interim care order, was consideredto leave the child ......
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Law Firm Commentaries
  • Coronavirus Scotland (No. 2) Act 2020 – Implications for the Care Sector
    • JD Supra United Kingdom
    The Coronavirus (Scotland) (No. 2) Act 2020 (the Act) was given Royal Assent on 26 May 2020. As with the earlier Coronavirus (Scotland) Act 2020, the purpose of the Act is to provide the Scottish G...
    ...... may now apply to the Sheriff for an "emergency intervention order". Such an order authorises the Scottish Ministers to appoint a "nominated ... However, the Sheriff can grant the order on an interim basis without any notice being given to the service provider and, in ......
  • Commission Seeks Interim Measures For The First Time In 18 Years
    • Mondaq UK
    ...... notifying Broadcom of its intention to impose an interim measures order restraining its allegedly exclusionary practices pending conclusion of the ... precedent first set out in the 1980 European Court of Justice Camera Care v European Commission case, the Commission has the power to order interim ......
  • Interim Payments - Life After Eeles
    • Mondaq United Kingdom
    ......The rules provide that the court must not order an interim payment of more than a reasonable proportion of the likely ... the new property and £120,000 to cover the cost of the claimant's care and therapy regime until a case management conference fixed for October ......
  • The Future For Interim Payments In Catastrophic Injury Cases
    • Mondaq United Kingdom
    ...Part 25 of the Civil Procedure Rules (CPR) allows a court to make an order for an interim payment when the defendant is insured or is a public body ... likely to be made the subject of a PPO e.g loss of earnings, costs of care, case management fees, therapies, equipment, increased holiday costs and ......
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