Why are children taken into care and under what laws?

The Children Act defines children in need to include:

- Children who are unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a local authority
- Children whose health or development is likely to be significantly impaired or further impaired without the provision of such services
- Children who are disabled

So far as it is consistent with their duty to safeguard the welfare of children, local authorities are also charged with promoting the upbringing of such children within their families by providing a range and level of services appropriate to those child's needs. There is therefore an essential link between ensuring their welfare and supporting and encouraging their family relationship.

The main orders that are sought under the Act are:

- Care Orders
- Supervision Orders
- Secure Accommodation Orders
- Emergency Protection Orders

Care orders are the main provision (under section 31 of the Act) for taking children into care on a long-term basis. Care orders are made in respect of children who are believed to be suffering, or are likely to suffer, significant harm. This may be attributable to the care being given to the child or to the child being beyond parental control. Care orders confer parental responsibility on the local authority and enable them to make decisions as to where the child will live and with whom, and who the child will have contact with.

Supervision orders (under section 31 of the Act) usually entail the child continuing to live at their family home but being advised, assisted and befriended by a supervisor.

Secure accommodation orders (under section 25 of the Act) can be made for up to three months on the first application, and then for periods up to six months on further application. Different rules apply for young people remanded to the local authority by a court for their criminal behaviour.

Emergency Protection Orders (under Section 44 of the Act) are short-term orders to be granted for a maximum of 8 days where there is an immediate danger to the child and steps need to be taken urgently to protect them.

If you need legal advice about any of these or related orders, you should contact a family solicitor. A family solicitor can assess your situation and provide you with legal advice regarding your options. If you wish to challenge the local authority’s application for one of the above orders, the legal advice and assistance of a family solicitor will be vital.

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