What is an Interim Care Order?
National Legal Service represents parents in care proceedings across England. Legal aid is available for these cases.
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What is an Interim Care Order?
An interim care order is a temporary order made by the Family Court during care proceedings. It gives the local authority shared parental responsibility for a child while the full case is being decided. It is not a final decision about a child’s future. The court will hold further hearings before deciding what happens long term.
If your child has been made subject to an interim care order, you are likely to feel frightened and uncertain about what this means. Understanding how the order works and what your rights are can help you prepare for the next stage.
National Legal Service represents parents in care proceedings across England. Legal aid is available for these cases.
What is the difference between an interim care order and a final care order?
An interim care order is temporary. A final care order is long term.
An interim care order is made at the beginning or during care proceedings. It allows the local authority to share parental responsibility while the court gathers evidence and decides the case. It is reviewed regularly and only lasts while proceedings continue.
A final care order is made at the end of care proceedings after the court has heard all the evidence. If a final care order is made, the local authority has parental responsibility for the child until the age of 18 unless the order is discharged earlier.
The key difference is that an interim care order doesn’t decide your child’s permanent future. It is a holding position while the court investigates concerns so contact our care order solicitors for more advice in supporting your situation.
What are the grounds for making an interim care order?
The court must have reasonable grounds to believe that a child is suffering or is at risk of suffering significant harm.
This threshold is lower than for a final care order because the court is making a temporary decision rather than a permanent one. The judge doesn’t need to reach a final conclusion at this stage. Instead, the court considers whether there is enough evidence to justify interim protection while the case continues.
The harm must be linked to the care given to the child or to the child being beyond parental control. The court will consider the evidence presented by the local authority and any response from the parents.
What happens to parental responsibility under an interim care order?
When an interim care order is made, the local authority shares parental responsibility with the parents. You don’t lose parental responsibility, though you no longer exercise it alone.
Parental responsibility refers to the legal rights and duties a parent has in relation to a child. It includes decisions about education, medical treatment, religion and where a child lives. While the order is in place, the local authority can make decisions about day to day care and placement. Parents should still be consulted about significant issues and remain involved in their child’s life.
If there’s a disagreement, the local authority may override a parental decision where it’s acting within the scope of the interim order and considers that the child’s welfare requires it. That can feel difficult, particularly where views differ about placement or contact.
Contact is often a central concern for parents. Arrangements for time spent with your child are usually set out in the care plan and are reviewed by the court at each hearing.
As specialist child care solicitors, National Legal Service represent parents throughout care proceedings and advise on how parental responsibility is exercised under interim orders. If you’re uncertain about where you stand or how to challenge a decision, speak to our team for clear and practical guidance on your next steps.
How long does an interim care order last?
An interim care order can initially last for up to eight weeks. After that, it can be renewed for periods of up to four weeks at a time.
Interim care orders remain in place while care proceedings continue and are reviewed at regular court hearings, during which, the court will consider whether the order is still necessary at each stage.
To understand how interim orders fit within the wider process and what happens at each hearing, it can help to look at how care proceedings are structured and the stages the court follows from start to finish.
What happens to my child while an interim care order is in place?
If an interim care order is made, your child may remain at home under supervision or may be placed in foster care or with a family member but this decision will depend on the level of risk identified and the court’s view of what is needed to safeguard the child.
While the interim care order is in place, the local authority is responsible for safeguarding and promoting your child’s welfare. As part of that responsibility, assessments are often carried out to help the court understand your child’s needs and the wider family situation. These may include parenting assessments or viability assessments of relatives who could potentially care for the child.
A children’s guardian will also be appointed to represent your child’s interests independently within the proceedings. The court reviews the child’s placement and the care plan at each hearing to decide whether the arrangements remain necessary and proportionate as the case progresses.
Can I challenge an interim care order?
Yes. Because an interim care order is a temporary order, it must be reviewed regularly by the court. Parents have the right to question whether the legal threshold has been met and whether the order remains necessary as proceedings continue.
If circumstances change or if the evidence doesn’t support continued intervention, there are steps you can take within the proceedings.
You can:
Oppose the order. You can oppose the making of an interim care order at the initial hearing if you believe the local authority has not demonstrated reasonable grounds to justify it. The judge must decide whether interim protection is required.
Challenge the renewal. Interim care orders are reviewed at regular hearings. At each review you can argue that the order should not continue, particularly if risks have reduced or further assessments support a different arrangement.
Apply to discharge. If circumstances change significantly, you can apply to the court to discharge the interim care order. The court will consider whether it is still necessary for your child’s welfare.
You may also raise concerns about how the order is being exercised, including issues around placement or contact, within the ongoing proceedings.
Challenging an interim care order requires careful legal preparation and detailed examination of the local authority’s evidence and this is where legal representation is advised. Care proceedings are covered by non-means tested legal aid, so parents are usually entitled to representation regardless of income.
Our care proceeding solicitors represent parents at interim hearings across England. If you’re considering challenging an interim care order or preparing for a renewal hearing, speak to our child care solicitors so you are properly advised before the next court date.
What is the difference between an interim care order and an emergency protection order?
An emergency protection order (EPO) is used in urgent situations where a child is believed to be at immediate risk. It can be made quickly and usually lasts for a maximum of eight days.
An interim care order is made within care proceedings and lasts for longer while the case is ongoing. It requires reasonable grounds to believe the threshold is met but follows a fuller court process.
You can read more about emergency protection orders if your situation involves urgent removal.
Can an interim care order be discharged?
If the court decides that it is no longer necessary to safeguard the child’s welfare, the interim care order can indeed be discharged. Because it’s a temporary order, the court must remain satisfied that the legal test continues to be met while proceedings are ongoing.
A parent with parental responsibility can apply to discharge the order. The court will look carefully at whether circumstances have changed since the order was made, whether risks have reduced and whether the child can be safely cared for without the interim order remaining in place.
Applying to discharge an interim care order requires clear evidence and careful preparation so legal representation is important to ensure the court has a full and accurate picture of your situation.
If you are thinking about applying to discharge an interim or final care order, National Legal Service can advise you on the process, the evidence required and the practical steps involved before you make an application.
How do I get legal aid for care proceedings?
Parents involved in care proceedings are usually entitled to non-means tested legal aid. This means your income and savings aren’t assessed in the same way as in other family cases.
Legal aid covers representation at interim hearings, final hearings and applications to challenge orders. You can read more about legal aid for care proceedings on our dedicated page.
How National Legal Service can help
Facing an interim care order can feel overwhelming but you aren’t alone in worrying about what happens next. Understanding the process can help you stay focused on the steps ahead.
National Legal Service specialises in care proceedings, represent parents at interim care order hearings across England under legal aid. We can support you by:
- Explaining what the order means in your specific circumstances
- Reviewing the evidence relied on by the local authority
- Advising you on challenging the order or its renewal
- Representing you at each stage of proceedings
If your child is subject to an interim care order or you have just received court papers, speak to us in confidence. Early advice can make a practical difference to how you approach the next hearing.
Information is for general guidance in England and Wales and is not a substitute for legal advice.
Frequently Asked Questions
- Does an interim care order mean my child will be permanently removed?
An interim care order does not decide the final outcome.
It is a temporary protective measure while the court considers the evidence. Some cases result in children returning home while others result in supervision orders, special guardianship orders or final care orders. The outcome depends on the evidence and the child’s welfare.
- Can I have contact with my child under an interim care order?
In most cases, yes. Parents usually continue to have contact with their child unless the court decides that restrictions are necessary for safety reasons.
Contact arrangements are normally set out in the interim care plan prepared by the local authority and are overseen by the court. The judge can review and, where appropriate, adjust contact arrangements at hearings.
If you believe contact is too limited or not in your child’s best interests, you can raise this within the proceedings with the support of your solicitor.
- Can my child be placed with a family member under an interim care order?
Yes, in some cases a child may be placed with a relative or family friend instead of foster care. This is often referred to as a kinship placement. The local authority will usually carry out a viability assessment to decide whether the proposed carer can meet the child’s needs safely.
The court will consider whether placement within the wider family is appropriate and consistent with the child’s welfare. If you believe a family member could care for your child, it’s important to raise this as early as possible in the proceedings so assessments can be considered.
- Can the terms of an interim care order be changed?
Yes. While the order itself gives the local authority shared parental responsibility, the practical arrangements under it such as where your child lives or how contact takes place can be reviewed by the court.
If you believe the current placement or contact arrangements aren’t appropriate, you can raise this at the next hearing to be assessed.
It’s important to take legal advice before asking the court to vary arrangements. A solicitor can help you present your concerns clearly and ensure the court has the evidence it needs to consider any changes.
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