Summary of Orders
SCOPE OF THIS CHAPTER
This is the first edition of this chapter which was added to the manual in October 2011.
AMENDMENTIn March 2017, links were added to the new dedicated chapters concerning Family Assistance Orders and Child Arrangements Orders.
1. Section 8 Orders
The Children and Adoption Act 2006 inserts a new Section 16(A) into the Children Act 1989 placing a duty on CAFCASS to carry out a risk assessment in relation to a child when the CAFCASS officer is given cause to suspect that the child concerned in private law proceedings is at risk of harm. A referral to the Local Authority would follow for Section 47 Enquiries if there was reasonable cause to suspect that the child is suffering or is likely to suffer significant harm.
The following orders are available to the court:
- Child Arrangements Orders - specify with whom the child is to live and with whom the child is to have contact (see also: Child Arrangements Orders Procedure);
- Prohibited Steps Order;
- Specific Issues Order;
- Family Assistance Order (see also: Family Assistance Order Procedure).
Family Assistance Orders last 12 months now not 6 months.
Section 8 Orders will give directions on how the Order is to be carried out.
2. Special Guardianship Orders
3. Adoption Order
See: Adoption Order.
4. Emergency Protection Order, Police Protection and Warrants
- Emergency Protection Order (S44 Children Act 1989) - please also see the Emergency Protection Order Procedure;
Only limited Parental Responsibility to Local Authority and conditions can be attached;
- Police Protection. Please also see the Hertfordshire Safeguarding Children Partnership Procedures Manual, Contacts and Referrals Procedure;
- Warrants and Supplementary Orders. Please see Emergency Protection Order Procedure.
5. Child Assessment Order Section 43 9 (1) Children Act 1989
6. Care Order and Interim Care Order
- Care Order;
- Interim Care Order.
7. Placement Order
See: Placement Order.
8. Special Guardianship Procedure
9. Supervision Order (Section 31 (1) Children Act 1989) and Interim Supervision Order (Section 38 Children Act 1989)
An Interim Supervision Order is available to the court.
10. Child Arrangements Orders
See also: Child Arrangements Orders Procedure.
Child Arrangements Orders replace Contact and Residence Order and specify with whom the child is to live and with whom the child is to have contact.
Section 34 (4) The court can make an order:
- To define contact arrangements;
- Give permission for a local authority to refuse contact to a child in care;
- To give the local authority the authority to deny contact in specific circumstances and impose conditions Section 34 (7).
11. Residential Assessment
Direction Order S38 (6) Examination or Assessment
The court has an obligation to ensure that the issues are fully explored. It may make a direction order for a residential assessment or otherwise of a child with his carer (usually parent), but the assessment must be to better inform the Judge i.e. information that the social worker or guardian is unable to provide, and must be a true assessment and not therapy.
12. Secure Accommodation Order
Please also see the Placements in Secure Accommodation Procedure.
13. Recovery Order
See: Recovery Order.
The jurisdiction of Wardship is still available. The philosophy of the Children Act 1989 was to limit its use to rare and extreme circumstances (s 100CA 1989). It is intended that all other parts of the Act are explored and made use of without resorting to a Wardship.
If a child is a Ward of Court then no major decision about her/his life can be made without reference to the Court.
Examples of such decisions are:
- Where the child lives;
- Where the child goes to school;
- Whom the child is to have contact with;
- Going on holiday abroad;
- Undertaking s47 inquiries,
This is not an exhaustive list and staff should consult with the CLU for more details if they are working with a child who is a Ward of Court.