A Care Order gives the Local Authority parental responsibility for your child. If circumstances have changed, you may be able to apply to discharge the Care Order and return your child home.
Your Legal Rights Explained
Care Orders, Placement Orders & Adoption
Our expert solicitors can help you apply to discharge a Care Order, revoke a Placement Order, or oppose an Adoption Order, ensuring your rights are fully protected.
Discharging a Care Order
Who can apply?
- Any person with parental responsibility;
- The child;
- The Local Authority.
What you need to show:
The court’s focus is the child’s welfare. Evidence may include:
- Sustained sobriety from drugs or alcohol;
- Engagement with mental health or domestic abuse services;
- Improved living conditions;
- A stable and secure lifestyle.
Timing:
Applications are rarely successful within six months of the Care Order. Courts must see a significant and sustainable change in circumstances.
If granted:
- Care Order is discharged;
- Parental responsibility returns to those who previously held it;
- The court may substitute a Child Arrangements Order, Special Guardianship Order, or Supervision Order
Legal Aid:
Unlike care proceedings, legal aid is not automatic but may be available based on your financial circumstances and likelihood of success.
Placement Orders
A Placement Order allows the Local Authority to place your child with prospective adopters without your consent. This order will run alongside the final Care Order. It is not the final Adoption Order.
Revoking a Placement Order
- You must apply for Leave to Revoke the order before the child is placed with adopters;
- You must show a significant change in circumstances;
- Legal aid may be available depending upon your financial circumstances and likelihood of success.
If granted:
- Placement Order is revoked, and the child remains subject to the Care Order
Opposing an Adoption Order
When you receive notice of an application for an Adoption Order. you may apply for Leave to Oppose.
Who can apply?
- Any parent or person with parental responsibility.
Legal Aid:
- Available automatically for Leave to Oppose applications (it does not matter what your financial circumstances are or what your chances of success are).
Legal test:
- Demonstrate a significant change in circumstances since the Placement Order was made;
- Show that opposing adoption is in the child’s welfare best interests.
If granted:
- A contested hearing is scheduled to determine whether adoption should proceed.
Care Orders, Placement Orders & Adoption
Frequently Asked Questions
What is the difference between a Care Order and a Placement Order?
A Care Order gives the Local Authority parental responsibility. A Placement Order allows the child to be placed for adoption without parental consent.
What is the difference between a Placement Order and an Adoption Order?
A Placement Order permits the Local Authority to find prospective adopters. An Adoption Order finalises the adoption and severs legal ties with the birth family.
Can I discharge a Care Order and bring my child home?
Yes, if you show sustained changes in circumstances and it is in the child’s best interests.
Can I stop my child’s adoption after a Placement Order?
Yes, you can apply for Leave to Oppose once the adoption application is filed. You must show a change in circumstances and that opposing adoption is in the child’s best interests.
Is legal aid available for opposing adoption?
Yes. Since March 2023, legal aid is automatically available for Leave to Oppose applications.
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