When a child or young person is not able to live with their own family, a close relative or family friend, they come into the care of their local council. A child can only be taken into care if they are under 18. These children can be babies, toddlers, older children, or teenagers.

Children and young people who come into the care of a local council do so because of a ‘care order’, or when the birth parents agree for their child to be cared for.

A care order is given by a court. It allows a local council to take a child into their care. Under the Children Act 1989, a local council can apply for a care order if it believes a child is suffering from any form of neglect or at risk of significant harm. The court decides if the child can be taken into care.

Care orders last until...

• the child’s 18th birthday.
• an order is made giving parental responsibility to another person - for example, through adoption or special guardianship.
• the court lifts the order (this is called ‘discharging’ the order).
  
  

If a child is taken into care, their birth parents will continue to hold some parental responsibility for their child. They will however share this responsibility with the local council who will make most of the important decisions about the child’s upbringing and welfare, including:

• Who will look after the child.
• Where the child will live.
• How the child will be educated.
  
  

The local council is responsible for:

• Making sure that an appropriate standard of care is provided for the child.
• Making sure that only suitable people are approved to look after the child.
• Providing training and support for foster carers.
• Listening to the child’s and parents’ views about care arrangements, taking their religion, race, culture and background into account.
• Making sure the child has someone independent to talk to and knows how to raise a complaint if necessary.
  
  

The child may be cared for by:

• A kinship foster carer (also known as a family and friends carer). This occurs when the local council has officially asked a relative or family friend to look after a child who cannot be cared for by their birth parents. Kinship foster carers must be approved as a foster carer. 
• A foster carer.
• A children’s home.