A Full Care Order Section 31 under the Children Act 1989 is a legal mechanism used in the UK to ensure the safety and well-being of children who cannot remain safely in their family home. This order is made by a court when it determines that a child is suffering, or is at significant risk of suffering, harm due to their current living conditions or parental care.
This article will provide a comprehensive guide to understanding a Full Care Order Section 31, its implications for parental responsibility, and the steps involved in care proceedings.
What Is a Full Care Order Section 31?
A Care Order Section 31 places a child under the care of a designated local authority, giving them legal responsibility for the child’s welfare. The court issues this order when it finds that:
- The child is suffering or is likely to suffer significant harm.
- The harm is attributable to the care provided (or likely to be provided) by the parents or guardians.
The full care order grants the local authority shared parental responsibility with the parents or guardians. This means the authority has the power to make major decisions about the child’s life, such as:
- Where the child will live.
- Decisions about education and healthcare.
- Day-to-day welfare arrangements.
Threshold Criteria for a Full Care Order
Before granting a Full Care Order Section 31, the court must be satisfied that the threshold criteria are met. These include:
- Significant Harm:
- Harm refers to ill-treatment or the impairment of physical, mental, or emotional health and development.
- Significant harm may include neglect, physical or emotional abuse, or exposure to domestic violence.
- Attributable Harm:
- The harm or risk of harm must be directly linked to the care being given (or likely to be given) by the child’s parents or guardians.
- Alternatively, it may be due to the child being beyond parental control.
What is the Process of Care Proceedings
The process of obtaining a Care Order Section 31 involves the following steps:
- Application by the Local Authority: Only a local authority or the NSPCC can apply for a care order. The court cannot initiate the process independently.
- Interim Care Orders (ICO): While care proceedings are ongoing, the court may issue an Interim Care Order (ICO) to provide temporary protection for the child. An ICO allows the local authority to take immediate steps to safeguard the child while the case is assessed.
- Assessment and Evidence: The local authority must provide evidence that the child meets the threshold criteria for a care order. This includes reports from social workers, healthcare professionals, and other relevant parties.
- Final Decision: Once the court is satisfied with the evidence, it can issue a Full Care Order Section 31, placing the child under the care of the local authority.
Duration of a Full Care Order Section 31
A Full Care Order Section 31 remains in effect until one of the following occurs:
- The child turns 18.
- The order is discharged by the court upon evidence of a significant change in circumstances.
The court prioritises the child’s welfare in every decision, ensuring that the care plan promotes stability and well-being.
Implications for Parental Responsibility
Under a Full Care Order Section 31, parental responsibility is shared between the parents or guardians and the local authority. However, the local authority has the authority to override the parents’ decisions if it believes it is in the child’s best interests. This includes decisions about:
- Where the child lives: Typically with foster carers or in residential care.
- Education: Enrolling the child in school or ensuring access to special education needs.
- Medical treatment: Approving treatments, vaccinations, or surgeries.
Although parents retain some parental responsibility, they have limited influence over the child’s day-to-day life under a full care order.
Ending a Full Care Order Section 31
Parents or guardians can apply to discharge a Care Order Section 31, but this requires substantial evidence to demonstrate that the circumstances leading to the care order have changed significantly. Examples include:
- Completion of parenting courses.
- Engagement with substance misuse or mental health services.
- Providing evidence of a stable and safe home environment.
The court must be convinced that lifting the care order is in the child’s best interests.
Conclusion
A Full Care Order Section 31 is a critical tool under the Children Act 1989 designed to safeguard children at risk of harm. While it places significant responsibility with the local authority, it does not entirely strip parents of their parental rights. Parents facing a care order should seek legal advice to understand their rights and responsibilities and explore ways to demonstrate improvement for a possible discharge of the order.
If you are navigating the complexities of a Care Order Section 31, consulting a family law specialist can provide guidance tailored to your situation.
FAQs About Care Orders
1. What is the difference between an Interim Care Order and a Full Care Order?
An Interim Care Order (ICO) is temporary, lasting up to 8 weeks (and renewable), while a Full Care Order Section 31 is a long-term solution that remains in place until the child turns 18 or the court discharges it.
2. Who can apply for a Full Care Order Section 31?
Only local authorities or the NSPCC can apply for a care order. The court can direct the local authority to investigate but cannot directly initiate the order.
3. Does a Care Order Section 31 remove parental responsibility?
No, parents retain parental responsibility, but the local authority has the power to make overriding decisions about the child’s welfare.
4. Can parents maintain contact with their child under a Full Care Order?
Yes, parents are usually allowed reasonable contact, unless the court determines that such contact would harm the child’s welfare.
5. How can I discharge a Full Care Order Section 31?
To discharge the order, you must show substantial changes in circumstances, such as addressing the issues that led to the order (e.g., substance abuse, unsafe housing).
