Children Act 1989, section 33

Effect of care order

Part IV Care and Supervision

(1)Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force.

(2)Where—

(a)a care order has been made with respect to a child on the application of an authorised person; but

(b)the local authority designated by the order was not informed that that person proposed to make the application,

the child may be kept in the care of that person until received into the care of the authority.

(3)While a care order is in force with respect to a child, the local authority designated by the order shall—

(a)have parental responsibility for the child; and

(b)have the power (subject to the following provisions of this section) to determine the extent to which [F547—

(i)a parent, guardian or special guardian of the child; or

(ii)a person who by virtue of section 4A has parental responsibility for the child,F547]

may meet his parental responsibility for him.

(4)The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.

(5)Nothing in subsection (3)(b) shall prevent [F548a person mentioned in that provision who has care of the childF548] from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.

(6)While a care order is in force with respect to a child, the local authority designated by the order shall not—

(a)cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or

(b)have the right—

(i)F549. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)to agree or refuse to agree to the making of an adoption order, or an order under [F550section 84 of the Adoption and Children Act 2002F550] , with respect to the child; or

(iii)to appoint a guardian for the child.

(7)While a care order is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname; or

(b)remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(8)Subsection (7)(b) does not—

(a)prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or

(b)apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 [F551in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in WalesF551] ).

(9)The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which [F552a person mentioned in that provisionF552] has in relation to the child and his property by virtue of any other enactment.

Definitions used in section 33 9

a care order

“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
special guardian

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act

Cases considering section 33 76

The Father v Worcestershire County Council

[2025] UKSC 1 · 29 January 2025Interprets

A care order requires the designated local authority to receive the child into its care and keep the child in its care while the order remains effective. The subsection does not itself prescribe detention (see para [33]). The provision contributes to the allocation of parental responsibility while a care order remains in force, empowering the local authority to make decisions for the child (see para [34]). The provision forms part of the statutory allocation of parental responsibility while a care order is in force (see para [34]).

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023

Where a care order is made, the designated authority must receive and keep the child in its care while the order remains in force. (see para [30]) A care order gives the designated authority parental responsibility. This supported the conclusion that obtaining such an order is an obvious instance of assuming responsibility to protect the child. (see paras [30], [106]) The subsection permits the authority to regulate the exercise of parental responsibility so far as necessary to safeguard or promote the child’s welfare. (see para [30])

In the matter of H-W (Children)

[2022] UKSC 17 · 15 June 2022Defines

A care order vests parental responsibility in the local authority and permits parents to exercise their responsibility only to the extent determined by the authority. Those intrusive effects engage article 8 rights and require the order to be necessary and proportionate (see para [45]).

56 more judgments, and what each says about section 33, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F547Words in s. 33(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  2. F548Words in s. 33(5) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  3. F549S. 33(6)(b)(i) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(i), Sch. 5 (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)
  4. F550Words in s. 33(6)(b)(ii) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  5. F551Words in s. 33(8)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 97
  6. F552Words in s. 33(9) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

Commencement

  1. I30S. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)