Care Orders at Home After the Re JW Case

Care Orders at Home After the Re JW Case – What Has Changed?

by Ridley & Hall in Child care, Kim Noble posted May 28, 2025.

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If you’re involved in care proceedings or have a Care Order at home, recent changes in the law could directly impact your case. The Court of Appeal’s decision in Re JW has brought important updates that families and professionals alike need to understand.

Below, we explain what a Care Order at home is, what the Re JW ruling means, and what steps you might need to take if you already have one in place.

What Is a Care Order at Home?

A Care Order is made at the end of care proceedings when the Court believes the Local Authority (social services) should share parental responsibility for a child.

Sometimes, this Care Order is made even when the child is going to stay living at home with their parents. This is known as a Care Order at home.

With a Care Order at home:

The child remains living with their parent(s)
The Local Authority shares parental responsibility
The Local Authority can, if needed, override parental decisions in certain situations

What Did the Re JW Case Change?

In the Re JW case, the Court of Appeal provided clear guidance about when a Care Order at home should be used. The key message?

A Care Order at home should only be made in exceptional circumstances.

The Court said that if the same support for the family can be provided under a Supervision Order, then a Care Order should not be made.

What’s the difference?

Care Order: The Local Authority shares parental responsibility.
Supervision Order: The Local Authority offers support, advice and help – but does not share parental responsibility.

In many cases, a Supervision Order gives families the help they need without the Local Authority having control over major parenting decisions. That’s why the Court of Appeal has now said Care Orders at home should be rare.

What’s Happening Locally? (North/South Divide)

The President of the Family Division has acknowledged a North/South divide in how these orders are applied.

Here in Yorkshire and across the North of England, we’ve noticed that Local Authorities are increasingly following the guidance from Re JW and moving away from Care Orders at home. Instead, they are recommending 6 or 12-month Supervision Orders to support families where the child is returning home.

Now, if the Local Authority does propose a Care Order at home, the court will need strong reasons to agree. They will carefully examine whether a Supervision Order could provide the same support without interfering with parental responsibility.

Already Have a Care Order at Home?

If your family currently has a Care Order at home, it’s time to review it.

Under the new guidance from Re JW, your Care Order may no longer be appropriate, and the Court may now decide it should be discharged (ended). This could give you back full parental responsibility and reduce the Local Authority’s control over your family life.