Types of legal order
Andrew Martin - July 2024
Under English law, children can be subject to a number of different types of legal order as a result of various court proceedings. The effect of these orders can be to determine who has parental responsibility for the child, where the child should live and who the child should have contact with.
Here we explore the types of legal order there are and what each means for the child, their carers and the education setting. We also consider some of the other terms that you may hear when working with children, young people and social workers.
Police Powers of Protection
Sometimes referred to as Police Protection Orders or by the acronyms PPO or PPP, this is not a legal order in the same way as those discussed above are. Police Powers of Protection are a way by which the Police, if they consider a child or children to be in imminent danger, can act to protect them. The powers allow a police officer to remove the child to suitable accommodation and prevent any person from removing them from there. This may be a foster placement, but may equally be the home of a relative of the child, a family friend of the child or hospital. Police Protection can last for up to 72 hours, however it can be revoked sooner than that. Police Protection does not give anyone parental responsibility, this remains with the people who already have it.
What type of order?
The legal orders that we are going to cover are split into two categories, private law and public law.
Private law
Private law relates to court proceedings where a person has gone to court to resolve an issue within their private lives and the court has made an order relating to a child. Court proceedings as a result of private law applications do not necessarily involve either the local authority or CAFCASS, however the court may ask for them to be involved. Equally there may be no ongoing involvement from the local authority.
Note: On the 22nd April 2014 these were replaced by Child Arrangements Orders, however Residence Orders made before that date are still valid.
Who has parental responsibility?
Parents (if they already had PR).
Person who the order says child should live with.
What does it do?
States who a child should live with (but not where).
Note: The person the child has to live with cannot change the child’s name or remove them from the country for more than one month at a time without agreement of all with PR or the order of a court.
How long does it last?
Until the child is 18 years old.
Will also end if a care order is made.
What does this mean for settings?
The person who the child is to live with has a right to have a say about the child’s education and what should happen.
Who has parental responsibility?
Parents (if they already had PR).
Where there is a residence element, then the person who order says child should live with automatically gets PR (some orders only cover contact arrangements - if you are given a copy of a Child Arrangements Order you need to check what it covers).
What does it do?
States who a child should live with and when.
States with whom, when and how a child should spend time or have contact with someone.
Note: The person the child has to live with cannot change the child’s name or remove them from the country for more than one month at a time without agreement of all with PR or the order of a court.
How long does it last?
Until the child is 18 years old.
Will also end if a care order is made.
What does this mean for settings?
Where there is a residence element stipulated on the order, the person who the child is to live with has a right to have a say about the child’s education and what should happen.
If there is no residence element, then the order relates solely to contact and you will need to determine what role the person who has been afforded contact by the order plays in the child's life (as per s.576 of the Education Act 1996).
Any child who was in local authority care immediately before the Child Arrangements Order was made is classed as a previously looked after child (so long as the order has a residence element to it) and entitled to support to promote their educational achievement.
Who has parental responsibility?
This order does not grant anyone parental responsibility - it remains with those who already have PR.
Note: The effect of this order may be to curtail the rights that someone has due to having parental responsibility.
What does it do?
Prevents the person named on the order from doing a specific action in relation to the child and can be made for a specified period.
Examples can include orders to stop a child from being taken out of the country, or stopping a parent moving with the child to another part of the country.
How long does it last?
For a defined period, or until the child is 18 years old (unless in exceptional circumstances).
Will also end if a care order is made.
What does this mean for settings?
This is very much dependent on what the order is prohibiting. Such orders could prevent a parent moving a child to another school, or may stop them from having a say about a certain aspect of the child's life. If a parent is telling you about such an order being place, you should ask to see the order to confirm what is being prevented.
Who has parental responsibility?
This order does not grant anyone parental responsibility - it remains with those who already have PR.
Note: The effect of this order may be to curtail the rights that someone has due to having parental responsibility.
What does it do?
Gives directions about how a specific situation must be dealt with.
Examples can include orders about where a child should go to school, changing a child's name or whether they should or should not have certain medical treatment.
How long does it last?
For a defined period, or until the child is 16 years old (unless in exceptional circumstances).
Will also end if a care order is made.
What does this mean for settings?
This is very much dependent on what the order is specifying. Such orders could mean a parent has to send their child to a specific school, or may set out how a certain aspect of the child's life should be dealt with. If a parent is telling you about such an order being place, you should ask to see the order to confirm what is being ordered.
Who has parental responsibility?
Those who automatically have PR.
Person named on this order.
Note: The court can also take parental responsibility away from those who have gained PR through a parental responsibility order or parental responsibility agreement.
What does it do?
Gives a person parental responsibility where they previously did not have it.
Examples can include fathers who have not automatically gained PR, second female parents in same sex relationships, step-parents.
How long does it last?
Until the child is 18.
What does this mean for settings?
As with anyone who has parental responsibility, this order means that the person named on the order has a right to have a say about the child’s education and what should happen.
The intention of a Special Guardianship Order is to provide the child with a legally secure placement when they cannot live with their birth parents. Such orders will often have a support package from the local authority which may include financial and emotional support amongst other areas.
Who has parental responsibility?
Those who automatically have PR.
Person(s) named on this order as Special Guardians.
Note: Whilst a Special Guardianship Order does not extinguish the PR of those who already have it, a special guardian is only required to consult with others in exceptional circumstances, namely changing the child's surname, granting PR to a father or step-parent, placing the child for adoption, granting permission for the child to marry, and consenting to their sterilisation.
What does it do?
Gives a person parental responsibility where they previously did not have it.
Note: The effect of this is to allow the Special Guardian to make unilateral decisions about the child's upbringing, so long as none of the decisions are on the exceptional circumstances list. Such decisions can include choice of religion, what medical treatment the child receives and where the child lives / goes to school.
How long does it last?
Until the child is 18.
Can be revoked by court.
What does this mean for settings?
Due to the nature of this order, it means that the Special Guardian becomes the main point of contact and decision maker regarding all educational matters.
Any child who was in local authority care immediately before the Special Guardianship Order was made is classed as a previously looked after child and entitled to support to promote their educational achievement.
Public law
Public law relates to court proceedings where the local authority has made an application to court because of concerns about the care that a child is receiving. In these cases there should be an allocated social worker and it is likely that there will be ongoing involvement from the local authority once the court order is made.
In theory anyone can apply for an Emergency Protection Order, as can authorised bodies (e.g. the NSPCC) however in practice it is mainly the local authority who apply for these orders.
Who has parental responsibility?
Those who automatically have PR.
The local authority (although this is limited to only being able to agree to do whatever is required to safeguard the child).
What does it do?
Allows the child to be removed to accommodation provided by the person applying for the order.
How long does it last?
Can last for up to 8 days and then only be extended once for up another 7 days.
What does this mean for settings?
If the local authority is applying for the order then the child becomes looked after once the order is made, and so these processes will need to be started within school. It is likely that there will be contact arrangements in place that the school will need to be aware of.
Care Orders can either be interim (also referred to as ICOs) or final (either referred to as Care Order or full Care Order). These can only be applied for by the local authority or the NSPCC, but in reality it is only the local authority that make applications. The difference is that for interim Care Orders to be in place, the process of determining longer term plans for the child is still going on. If a child is under a full Care Order then the court has made its decision that the child needs to be in the care of the local authority on a permanent basis.
As with all court cases, shortly after an interim care order is granted the court will set out a timetable for future hearings which will aim to complete the care proceedings within 6 months (or 26 weeks). This is set out in what is often referred to as the Public Law Outline (or PLO). The court timetable will also likely include directions for various assessments and reports to be completed.
Who has parental responsibility?
Those who automatically have PR.
The local authority.
Note: Although the local authority shares parental responsibility, when decisions are required to safeguard the child's welfare the local authority can overrule all others with PR.
What does it do?
Allows the local authority to determine future plans for the child (the length of these plans being dependent on whether it is an interim or final order).
The local authority can also determine where the child should live.
How long does it last?
Until the child is 18.
Can be revoked by court.
What does this mean for settings?
The child is considered to be looked after by the local authority and therefore all looked after processes need to be followed. There are also likely to be contact arrangements in place that the school will need to be aware of.
A Supervision Order requires the court to consider that the threshold for making a care order (interim or final) is met but take the view that the child can remain with their parent(s) - thereby indicating the seriousness of the concerns.
Who has parental responsibility?
Those who automatically have PR.
What does it do?
Requires the local authority to allocate a social worker to advise, assist and befriend the child - in essence providing help and support to the family to effect things changing for the better.
Conditions may be attached to the order that the parents will have to adhere to.
Parents must not act in any way that is against the order.
How long does it last?
The initial order is made for a year, however this can be extended for a further three years.
The court can discharge (stop) the order sooner.
What does this mean for settings?
If a Supervision Order is in place, then it is likely that there have been serious concerns about the child's welfare leading up to the order being made. Whilst such an order does not place specific requirements on schools (e.g. the child is not looked after) it is important that you monitor the situation as the child is potentially vulnerable and may need extra support.
For a Placement Order to be made, the parents must either consent to the placement for adoption or the court must determine that their consent can be dispensed with.
Who has parental responsibility?
Those who automatically have PR.
The local authority.
Prospective adopters (when the child is placed with them).
Note: Although those who automatically have PR retain it, and when a child is placed with prospective adopters they obtain PR, the effect of the order is that the local authority remains in overall control and can restrict the parental responsibility of all others.
What does it do?
The Placement Order suspends any other orders covered on this page.
It allows the local authority to place the child for adoption with any prospective adopters it chooses.
How long does it last?
Until the child is adopted.
Until the child reaches 18 years of age (if not adopted).
It can be revoked by a court if it is no longer planned for the child to be adopted.
What does this mean for settings?
Where a Placement Order has been granted, the child still remains looked after until the point that they are adopted. Placing a child for adoption may entail changes in schools and therefore you may not know the full background, however there is the potential that the child will have had a traumatic background which may impact on their education and ability to relate to others. The child may also experience difficulties transitioning to their "forever" family.
Section 34(4) orders are only made if a child is subject to an interim or final care order.
Who has parental responsibility?
Those who had PR prior to the care order being made.
The local authority.
What does it do?
A s.34(4) order grants the local authority to authority to refuse contact between the child and the person named on the order.
How long does it last?
For a defined period which will be set out on the order.
What does this mean for settings?
For the court to agree to the local authority refusing contact between a child and the adult named on the order is a significant step. It is therefore important that as the setting you are aware of all contact arrangements and what you should do if any person who is not allowed to have contact presents at the setting or is seen outside the setting's premises.
Adoption orders where the child is adopted from local authority care will often have a support package from the local authority which may include financial and emotional support amongst other areas.
Who has parental responsibility?
The adopters.
Note: An adoption order is the only court order which has the effect of completely removing parental responsibility from all others who previously had PR.
What does it do?
An adoption order transfers all legal ties to a child from their birth parents to the adopters.
The child will usually take the family name and assumes all the same rights and privileges in law as if they had been born into their adoptive family.
How long does it last?
For the life of the child.
Adoption Orders are not usually reversible.
What does this mean for settings?
Where a child is adopted it is important that a setting's records reflect any changes in name and contact details. An adopted child should be supported in the same way as any other child in the setting, with all liaison being with the adoptive parents.
Any child adopted from local authority care (England and Wales) or from 'state care' outside England and Wales is classed as a previously looked after child and entitled to support to promote their educational achievement.
s7 and s37 reports
As an education setting you may get either the local authority or CAFCASS approach you asking for information as they have been ordered to submit a s7 or s37 report to the court. What does this mean?
s7 reports are welfare reports which the court may request when they are hearing an application for a private law order. They will often cover the background of the family, details of any involvement that the local authority has had with the child / children and an assessment of each child, along with recommendations as to whether the order that is being sought should be made. The aim of the report is to aid the judge in their understanding of the family dynamics and the needs of the child to which the application relates.
s37 reports are similar in nature to s7 reports, however these are only completed by the local authority. As part of a s37 report the local authority has to specifically consider whether an application should be made for a care order or supervision order, whether there is need for the local authority to provide assistance to the child (i.e. child in need), or whether any other action should be taken in relation to the child. s37 reports are often requested where the judge is hearing an application for a private law order but is concerned about the welfare of the child.
Section 20 accommodated
Although not a legal order, you may work with or hear of children who are "s20 accommodated". S20 refers to the part of the Children Act 1989 that covers the local authority providing accommodation to children in need. Whilst every attempt is made to keep children with their family, there are times when a child cannot be cared for in their family and the local authority work with the family to provide an alternative arrangement. As with children subject to care orders, this can be with foster carers or in residential care, however when a child is s20 accommodated the parents retain all decision making powers and the local authority does not share parental responsibility with the parents.