Undertakings in interim care orders CA 1989 s. 38B
Courts can accept undertakings in place of interim care exclusion requirements. They carry no power of arrest and end if the child is removed for over 24 hours.
In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person. No power of arrest may be attached to any undertaking given under subsection (1). An undertaking given to a court under subsection (1)— shall be enforceable as if it were an order of the court, and shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours. This section has effect without prejudice to the powers of the High Court and family court apart from this section. In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.
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 has the power to attach an exclusion requirement to an interim care order, it may accept a formal promise—known as an undertaking—from the relevant person instead. This undertaking typically involves the person agreeing to leave or stay away from the child's home.
An undertaking given under this provision is enforceable as if it were a formal court order. However, the law explicitly prohibits attaching a power of arrest to an undertaking given under this section.
If the local authority removes the child from the home from which the person is excluded and places them in other accommodation for a continuous period of more than 24 hours, the undertaking automatically ceases to have effect.
When it applies
- A parent promises the court voluntarily to leave the family home so that their child can remain there under an interim care order.
- A household member offers a binding promise to reside elsewhere while local authority care proceedings are ongoing.
- A party to care proceedings agrees to stay away from the child's dwelling-house instead of having an exclusion requirement ordered against them.
What this section does not say
- Attaching a power of arrest to an undertaking (forbidden under this section; arrest powers attach only to court-ordered exclusion requirements under ca1989s.38a).
- Undertakings given during emergency protection order proceedings (governed by ca1989s.44b).
- Discharge or variation of full care or supervision orders (governed by ca1989s.39).
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This page reproduces the text of CA 1989 s. 38B 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.