Summary of Orders

See Private Law Applications (including Section 7 and Section 37 Reports) Procedure.

The Children and Adoption Act 2006 inserts a new Section 16(A) into the Children Act 1989 placing a duty on CAFCASS to carry out a risk assessment in relation to a child when the CAFCASS officer is given cause to suspect that the child concerned in private law proceedings is at risk of harm. A referral to the Local Authority would follow for Section 47 Enquiries if there was reasonable cause to suspect that the child is suffering or is likely to suffer significant harm.

The following orders are available to the court:

• Child Arrangements Orders - specify with whom the child is to live and with whom the child is to have contact (see also: Child Arrangements Orders Procedure);
• Prohibited Steps Order;
• Specific Issues Order;
• Family Assistance Order (see also: Family Assistance Order Procedure).
  
  Family Assistance Orders last 12 months now not 6 months.

Section 8 Orders will give directions on how the Order is to be carried out.

See: Special Guardianship Order.

See: Adoption Order.

See:

• Emergency Protection Order (S44 Children Act 1989) - please also see the Applications for Emergency Protection Orders Procedure;
  
  Only limited Parental Responsibility to Local Authority and conditions can be attached;
• Police Protection. Please also see the Hertfordshire Safeguarding Children Partnership Procedures Manual, Contacts and Referrals Procedure;
• Warrants and Supplementary Orders. Please see Applications for Emergency Protection Orders Procedure.

See Child Assessment Order.

See:

• Care Order;
• Interim Care Order.

See: Placement Order.

See: Special Guardianship Orders Policy and Procedure.

See: East of England Joint Protocol on Supervision Orders and Supervision Order.

An Interim Supervision Order is available to the court.

See also: Child Arrangements Orders Procedure.

Child Arrangements Orders replace Contact and Residence Order and specify with whom the child is to live and with whom the child is to have contact.

Section 34 (4) The court can make an order:

• To define contact arrangements;
• Give permission for a local authority to refuse contact to a child in care;
• To give the local authority the authority to deny contact in specific circumstances and impose conditions Section 34 (7).

Direction Order S38 (6) Examination or Assessment

The court has an obligation to ensure that the issues are fully explored. It may make a direction order for a residential assessment or otherwise of a child with his carer (usually parent), but the assessment must be to better inform the Judge i.e. information that the social worker or guardian is unable to provide, and must be a true assessment and not therapy.

See: Secure Accommodation Order.

Please also see the Placements in Secure Accommodation Procedure.

See: Recovery Order.

The jurisdiction of Wardship is still available. The philosophy of the Children Act 1989 was to limit its use to rare and extreme circumstances (s 100CA 1989). It is intended that all other parts of the Act are explored and made use of without resorting to a Wardship.

If a child is a Ward of Court then no major decision about her/his life can be made without reference to the Court.

Examples of such decisions are:

• Where the child lives;
• Where the child goes to school;
• Whom the child is to have contact with;
• Going on holiday abroad;
• Undertaking s47 inquiries,

This is not an exhaustive list and staff should consult with the CLU for more details if they are working with a child who is a Ward of Court.