An interim care order is a temporary order made by the family court under Section 38 of the Children Act 1989 that places a child under the shared care of a local authority while the court decides whether a full care order is needed. It gives the local authority parental responsibility alongside the parents, and with it the power to decide where the child lives, what medical treatment they receive, and how their day-to-day needs are met. It bridges the gap between the start of care proceedings and the final hearing, keeping a child in a safe environment when the court has reasonable grounds to believe they are at risk of significant harm.
What the Court Must Be Satisfied Of
A court can only make an interim care order if it is satisfied there are reasonable grounds for believing the child is suffering, or is likely to suffer, significant harm. The test sits in Section 38(2) of the Children Act 1989, which points back to the threshold criteria in Section 31(2). The local authority has to show two things: that the child faces significant harm, and that the harm is linked either to the standard of care falling below what you would expect from a reasonable parent, or to the child being beyond parental control.
“Significant harm” is broad. It covers physical injury, sexual abuse, emotional ill-treatment, and the impairment of a child’s health or development through neglect. Development here is not just physical growth; it includes intellectual, emotional, social, and behavioural progress. Witnessing domestic violence falls within the definition too.
The standard of proof at this stage is deliberately lower than at a final hearing. The court does not need full factual certainty. It needs reasonable grounds for believing the threshold is met. Courts have been clear, though, that this lower bar is not a licence to remove children lightly: separating a child from parents at the interim stage is only appropriate where there is an imminent risk of really serious harm that demands immediate separation, and where the order is both necessary and proportionate.
The court must also treat the child’s welfare as its paramount consideration and apply the “no order” principle under Section 1: it should not make an order unless doing so would be better for the child than making no order at all. If the risks can be managed through voluntary arrangements or a less intrusive supervision order, the court should take that path instead.
What Shared Parental Responsibility Means in Practice
When an interim care order is granted, the local authority gains parental responsibility for the child alongside the parents. Parents do not lose their parental responsibility, but the local authority can exercise its share in ways that override the parents’ wishes when it considers this necessary to protect the child. In practical terms, the local authority makes the key decisions: where the child lives, what medical treatment they receive, and what school they attend.
The child’s legal status changes to that of a “looked after” child. That triggers a set of duties on the local authority: it must maintain a care plan, assign a social worker, and conduct regular reviews of the child’s placement. This status continues for as long as the interim order is in force.
The child also gets independent representation. A Children’s Guardian from CAFCASS is appointed to represent the child’s interests separately from both the parents and the local authority. The Guardian investigates the child’s situation, scrutinises the local authority’s application, and appoints a solicitor for the child. Guardians do not always agree with the local authority, and their independent view carries significant weight with the court.
Contact With Your Child
An interim care order does not sever the relationship between parent and child. Section 34 of the Children Act 1989 requires the local authority to allow a child in care reasonable contact with their parents, any guardian, and certain other people who had a role in the child’s life before the order was made. “Reasonable contact” is not precisely defined in the statute. It depends on the child’s needs and the circumstances of the case.
The local authority can refuse contact in urgent situations if it believes doing so is necessary to safeguard the child’s welfare, but any emergency refusal cannot last longer than seven days. Beyond that, only the court can restrict or stop contact. Parents, the child, or the local authority can apply to the court to define contact arrangements if the parties cannot agree informally. Courts generally start from the position that maintaining family relationships benefits children, but they will restrict contact where there is evidence it causes the child distress or puts them at risk.
How Long an Interim Care Order Lasts
This is where many parents are given outdated information. Before April 2014, the law imposed fixed time limits: an initial order of up to eight weeks, followed by renewable four-week extensions. The Children and Families Act 2014 removed those limits. Under the current version of Section 38(4), an interim care order lasts “for such period as may be specified in the order.” A court can set whatever duration it considers appropriate. In some cases, the order runs until the next listed hearing; in others, it runs until the proceedings conclude.
The interim order automatically ceases when the court disposes of the care application, meaning when the judge makes a final decision, whether that is a full care order, a supervision order, or no order at all.
The 2014 Act also introduced a target of 26 weeks for completing care proceedings from start to finish. This is not an absolute deadline. Judges retain discretion to extend the timetable where necessary, for instance if a family member comes forward late as a potential carer, or if additional expert evidence is needed to make a fair decision. The target reflects Parliament’s view that delay is almost always harmful to children.
Challenging or Ending an Interim Care Order
Parents are not powerless once an interim care order is made. Section 39 of the Children Act 1989 allows any person with parental responsibility, the child, or the local authority itself to apply to discharge a care order. For interim orders specifically, the court can also vary or discharge exclusion requirements attached to the order on application by the relevant parties.
Beyond discharge applications, parents can challenge an interim care order on appeal. An appeal argues that the judge made a legal error or reached a decision that was plainly wrong on the evidence. Appeals from family proceedings in the magistrates’ court go to the Family Court; appeals from a circuit judge go to the Court of Appeal. Time limits for filing appeals are strict, so get legal advice straight away if you intend to challenge a decision.
Parents facing care proceedings in England and Wales are entitled to legal aid, and it is not subject to the usual means test that applies to most other civil legal aid. You qualify for a court-funded solicitor regardless of your income or savings. Getting representation early matters. Parents who engage with the process, attend hearings, and work constructively with their legal team are in a far stronger position than those who disengage or try to navigate proceedings alone.
How It Differs From an Emergency Protection Order
Interim care orders are sometimes confused with emergency protection orders, but they do different jobs on very different timescales. An emergency protection order is a crisis measure: it allows a child to be removed, or kept in a safe place, for up to eight days, with one possible extension of up to seven days. It applies when there is suspected immediate danger and the evidence base is still limited. Anyone can apply for one, though in practice the local authority or the police usually does.
An interim care order sits inside formal care proceedings, where the court already has more detailed evidence. It can last for months, essentially until a final decision. The local authority gains shared parental responsibility under an interim care order, which does not happen with an emergency protection order. If a child is removed under an emergency protection order and the local authority believes longer-term intervention is needed, the usual next step is to issue care proceedings and apply for an interim care order.