How to discharge a care order.
An application to discharge a Care Order can be made by the child, the parent, the local authority or any person with Parental Responsibility. The applicant must demonstrate that there is not so much a significant change but sustainable changes in circumstances since the care order was granted.
Most care orders are Full Care Orders. Where the local authority seeks a full care order, under section 31 of the Children Act 1989. Suggesting significant harm which means anything that puts the child's health, well-being and development at risk this includes emotional harm and depriving the child of the other parent can be deemed to be emotionally harmfull.
Many solicitors should under the circumstances where a section 31 is to be placed upon the child, request for lesser care orders that are made pursuant to section 39 of the Children Act 1989 which grants a person with parental responsibility the unfettered right to seek the discharge of a care order. Most parents don't know at the time that their solicitor could have asked for the latter and end up with a full care order. This can be a case for an appeal if you spot it fast enough after a child has been placed into care.
It is very difficult to successfully oppose these orders but not impossible. We have parents amongst our team who have done this.
If you don’t agree with an order the court has made you basically have two options:
you can apply to APPEAL the order – i.e. you think it was wrong; the judge got the facts or the law wrong
you can apply to DISCHARGE the order – i.e. it might have been the right order at that particular time but things are different now.
If your situation has changed
If some time has passed since the judgment and you think you can show that your situation has changed for the better, either you may have moved home, you have left an abusive relationship or you have done therapy or as many courses as possible as described on previous pages under when social services get involved, you can then apply to discharge the care order.
Section 26 of the Children Act 1989 says there must be regular case reviews for all Looked After Children (the LAC Review) which will include getting the views of the parents and children. One item to be considered every six months is whether or not the LA should apply to the court for a discharge of the care order: see the Review of Children’s Cases Regulations 1991 (SI 1991 No. 895).
Every local authority must also establish a procedure for considering representations, including complaints, made to it by any child who is being looked after by it, or by his parents, about the discharge by the authority of its parental responsibilities for the child.
The application for discharge of a care order is dealt with at section 39 of the Children Act 1989:
Discharge and variation etc. of care orders and supervision orders.
(1) A care order may be discharged by the court on the application of
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the local authority designated by the order.
(2) A supervision order may be varied or discharged by the court on the application of—
(a) any person who has parental responsibility for the child;
(b) the child himself; or
(c) the supervisor.
If the court does not think your application has any merit, it can dismiss it quickly – (This happened to me when I made my application and I went immediately to appeal.)
Procedure to apply for a discharge of the care order
You will apply on Form C110A Application for a care or supervision order or an Emergency Protection Order
Application for a care or supervision order and other orders under Part 4 of the Children Act 1989 or an Emergency Protection Order under section 44 of the Children Act 1989. This replaces form C110.
with copies for each respondent, that is every person you think has parental responsibility for the child under a child arrangements order before the care order was granted, the child, the parties to the original care proceedings. Other people must be given notice of the proceedings, including the LA who is providing accommodation for the child and anyone who is caring for the child at the time you make the application.
Or if you are asking for a change in the child's circumstances and have no intentions on immediate change but an increase in contact with a view to discharge the care order you can use Form C100: Apply for a court order to make arrangements for a child or resolve a dispute about their upbringing With this you can offer a care plan that you can show to the court, apply for a 'child arrangements', 'prohibited steps' or 'specific issue' order under the Children Act 1989.
Form C1 Apply for any order under the Act and Form C110A Application for a care or supervision order or an Emergency Protection Order File your application with the court. Also send your evidence ( Do not send orginal documents as you will not get them back ) with the application. Once filed you will hear from the court when your application will be heard.
If you are on benefits or on a low income you must fill in Form EX160: Apply for help with court and tribunal fees. Also send proof of benefits with this application.
I suggest that parents should do their own application and reprisent yourself at the first hearing. Take copies of your evidence with you to share with other parties during that hearing and lead the judge to the information that you have provided.
Most parents are forced to have to represent themselves as legal aid is not available to parents unless their case has proven to have merit. (meaning it has at least a 50% chance of succeeding in court.) If the case is given a further hearing THEN your case has been proven to have merit, now is the time to get yourself a solicitor where you will then be in charge of your case, telling him/her how you want your case to go and the evidence will already be in the judges hands and not restricted by the solicitor.
The solicitor is there not only there to represent you but to protect the crown and therefore the judge from making mistakes.
If you feel that your solicitor did not propperly represent you, you can approach the legal ombudsman