Legal effect of a care order on parents CA 1989 s. 33
CA 1989 s. 33 gives local authorities parental responsibility under a care order, limits parents' decisions, and restricts surname changes and UK removal.
Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force. Where— a care order has been made with respect to a child on the application of an authorised person; but the local authority designated by the order was not informed that that person proposed to make the application, the child may be kept in the care of that person until received into the care of the authority. While a care order is in force with respect to a child, the local authority designated by the order shall— have parental responsibility for the child; and have the power (subject to the following provisions of this section) to determine the extent to which — a parent, guardian or special guardian of the child; or a person who by virtue of section 4A has parental responsibility for the child, may meet his parental responsibility for him. The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare. Nothing in subsection (3)(b) shall prevent a person mentioned in that provision who has care of the child from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare. While a care order is in force with respect to a child, the local authority designated by the order shall not— cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or have the right— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to agree or refuse to agree to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002 , with respect to the child; or to appoint a guardian for the child. While a care order is in force with respect to a child, no person may— cause the child to be known by a new surname; or remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. Subsection (7)(b) does not— prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales ). The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which a person mentioned in that provision has in relation to the child and his property by virtue of any other enactment.
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 a court makes a care order, the designated local authority must receive and keep the child in their care. The authority acquires parental responsibility, which gives them legal standing to make major decisions about the child's life. While parents retain their parental responsibility, the authority can restrict how parents or guardians exercise it whenever necessary to protect or promote the child's welfare.
There are explicit statutory limits on the local authority's powers. The council cannot raise the child in a different religious persuasion than the child would have had without the order. The authority also cannot agree or refuse to agree to an adoption order, nor can they appoint a legal guardian for the child. Furthermore, anyone caring for the child may do what is reasonable in the circumstances to safeguard or promote the child's welfare.
No person may change the child's surname or take the child out of the United Kingdom without written consent from every person who has parental responsibility or the permission of the court. The designated local authority itself is permitted to remove the child from the United Kingdom for a period of less than one month.
When it applies
- A council determining whether a birth parent can decide where a child under a care order goes to school.
- A parent attempting to take their child on an overseas trip while a care order is in force.
- A local authority planning a short two-week holiday abroad for a child in their care.
- A foster family asking whether they can change the child's surname after a care order is issued.
What this section does not say
- Contact arrangements between parents and a child in care, which are handled under parental contact rules.
- How to apply to end or discharge a care order, which is governed under separate discharge provisions.
- Arrangements for placing a child for adoption or obtaining an adoption order.
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This page reproduces the text of CA 1989 s. 33 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.