Discharge and expiry of child court orders CA 1989 s. 91
CA 1989 s. 91 rules when child orders end, how care orders are discharged, and requires six months or court leave before reapplying after certain refusals.
The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order. For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— with whom the child is to live, and when the child is to live with any person. The making of a care order with respect to a child who is the subject of any section 8 order discharges that order. Where an activity direction has been made with respect to a child, the making of a care order with respect to the child discharges the direction. The making of a care order with respect to a child who is the subject of a supervision order discharges that other order. The making of a care order with respect to a child who is a ward of court brings that wardship to an end. The making of a care order with respect to a child who is the subject of a school attendance order made under section 437 of the Education Act 1996 discharges the school attendance order. The making of a special guardianship order with respect to a child who is the subject of— a care order; or an order under section 34, discharges that order. Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order. Any order made under section 4(1) 4ZA(1), 4A(1) or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. Any— agreement under section 4 , 4ZA or 4A ; or appointment under section 5(3) or (4), shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. An order under Schedule 1 has effect as specified in that Schedule. A section 8 order ... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6) . . . . Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to— with whom a child is to live, or when a child is to live with any person. Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen. Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen. On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court. For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision). Where an application (“the previous application”) has been made for— the discharge of a care order; the discharge of a supervision order; the discharge of an education supervision order; the substitution of a supervision order for a care order; or a child assessment order, no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months. Subsection (15) does not apply to applications made in relation to interim orders. Where— a person has made an application for an order under section 34; the application has been refused; and a period of less than six months has elapsed since the refusal, that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.
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
Section 91 sets out when court orders relating to children end and how making a new order affects existing ones. For example, making a care order discharges section 8 orders, supervision orders, wardship, and school attendance orders under section 437 of the Education Act 1996. Conversely, a child arrangements order regulating where a child lives discharges a care order.
Most orders and parental responsibility agreements continue until the child reaches the age of eighteen, unless brought to an end earlier. Section 8 orders generally cease when a child reaches the age of sixteen, unless extended under section 9(6) or regulating with whom or when a child lives, in which case they last until eighteen.
Where an application to discharge a care or supervision order, or for contact under section 34, has been disposed of or refused, a period of six months must pass before making a further application unless the court gives leave.
When it applies
- A mother applies for a child arrangements order specifying living arrangements to discharge an existing care order.
- A local authority obtains a care order, which automatically brings an existing wardship or supervision order to an end.
- A parent whose application under section 34 was refused four months ago seeks to re-apply without prior leave of the court.
What this section does not say
- Whether a court should grant or discharge an order based on the child's welfare, which is governed by section 1.
- Detailed provisions regarding orders that restrict future applications, which are set out in section 91A.
- Secretary of State powers regarding local authority defaults, covered under section 84.
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This page reproduces the text of CA 1989 s. 91 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.