Care Order

The threshold for a care order is set out precisely in section 31 of the Children Act 1989: 'A court may only make a care order or supervision order if it is satisfied — (a) that the child concerned is suffering, or is likely to suffer, significant harm; and (b) that the harm, or likelihood of harm, is attributable to — (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or (ii) the child's being beyond parental control.' An application can only be made by 'any local authority or authorised person', and the order places the child 'in the care of a designated local authority.'

The Act defines its own key terms rather than leaving them to inference. 'Harm' means 'ill-treatment or the impairment of health or development [including, for example, impairment suffered from seeing or hearing the ill-treatment of another]', 'development' covers 'physical, intellectual, emotional, social or behavioural development', and where the question of significant harm turns on the child's health or development, 'his health or development shall be compared with that which could reasonably be expected of a similar child.' The court is not confined to the order actually applied for: section 31(5) allows it to 'on an application for a care order, make a supervision order' or vice versa, choosing whichever order the evidence supports. An age limit also applies: 'No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).'