Care plans for care order applications: CA 1989 s. 31A
Requires local authority to prepare and review a care plan when a care order application is made. Excludes interim care orders.
31A Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“ a care plan ”) for the future care of the child. While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly. A care plan must give any prescribed information and do so in the prescribed manner. For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order. In section 31(3A) and this section, references to a care order do not include an interim care order. A plan prepared, or treated as prepared, under this section is referred to in this Act as a “ section 31A plan ”.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
When someone applies for a care order, the local authority that would be named in the order must prepare a written plan for the child's future care. This plan is called a 'section 31A plan' and must include any information required by regulations.
The local authority must keep the plan under review while the application is ongoing. If they think changes are needed, they must revise the plan or make a new one. This duty does not apply to interim care orders.
When it applies
- A local authority applies for a care order and must create a care plan within a time set by the court.
- During proceedings, the local authority reviews the plan and decides to update it because the child's placement changed.
- The plan must contain prescribed information, such as details about the child's education and health.
- The local authority proposed to be designated in the care order is the one that must prepare the plan.
- The requirement does not apply when the application is only for an interim care order.
What this section does not say
- It does not set out the detailed content of a care plan – it only says it must give prescribed information.
- It does not apply to interim care orders – those are excluded.
- It does not give the court power to approve or reject the care plan – the court only directs the time for preparation.
- It does not require the local authority to share the plan with the child's parents or anyone else.
Related sections
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This page reproduces the text of CA 1989 s. 31A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.