A Care Order can be ended (or ‘discharged’) if it’s shown that doing so would be in the best interests of the child. This might happen, for instance, if the reason the child was taken into care—such as parental homelessness—has been resolved and the family now has stable accommodation. Similarly, if the child was removed due to issues like drug or alcohol misuse and the parents have since demonstrated long-term recovery, this could also support a discharge.

I have made many successful applications on behalf of parents to discharge care orders and if you believe your circumstances have changed since the making of the care order I will help you to evaluate those changes and determine whether it is the right time to apply for dischare.

Who Can Apply and How

An application to discharge a Care Order can be submitted by:

• Anyone with parental responsibility (PR)
• The local authority
• The child themselves

This application must be made to the same court that issued the original Care Order.

I can assist parents in the process and will apply for legal aid for the parent which is means and merits tested.

 

Burden of Proof

The person applying to discharge the order must prove that it’s in the child’s best interests. The court always prioritizes the child’s welfare in these matters.

To reach a decision, the court will review any updated reports—possibly from professionals such as teachers or doctors—and will use a formal welfare checklist. This helps the court evaluate the risk of harm to the child, consider important relationships in the child’s life, and weigh the ongoing impact of the Care Order.

What Happens Next?

If the court denies the application, the Care Order remains in effect and current arrangements stay as they are. However, if the application is successful, the Care Order is officially ended, and the local authority no longer holds parental responsibility.

In some cases, even if the Care Order is discharged, the court may issue another type of order, such as a Child Arrangements Order or Special Guardianship Order, depending on the child’s needs and living situation—often placing them with a family member or trusted carer.