Child Arrangements Orders Explained: Guide for Social Workers

What is a Child Arrangements Order?

A Child Arrangements Order (CAO) is an order under Section 8 of the Children Act 1989 that determines who a child lives with and/or spends time with. CAOs replaced the old "residence orders" and "contact orders" in 2014.

CAOs are typically made in private law proceedings—disputes between parents or family members—rather than public law care proceedings brought by local authorities.

Types of Child Arrangements Order

"Lives With" Order

• Determines where and with whom the child lives
• The person named acquires parental responsibility if they don't already have it
• Can name more than one person (shared living arrangements)

"Spends Time With" Order

• Sets out contact arrangements
• Can specify frequency, duration, and conditions
• Does NOT confer parental responsibility

When Social Workers Get Involved

Section 37 Reports

The court may direct the local authority to investigate under Section 37 if concerns arise during private law proceedings. The local authority must then decide whether to:

• Apply for a care or supervision order
• Provide services under Section 17
• Take no action

Section 7 Reports

Cafcass or the local authority may be asked to prepare a Section 7 welfare report to help the court decide what order to make.

Safeguarding Concerns

If safeguarding concerns emerge during private law proceedings, these may need to be addressed separately through child protection procedures.

CAOs vs Care Orders

Key Differences

• Who applies: CAOs—private individuals; Care orders—local authority
• Parental responsibility: CAOs—given to named individuals; Care orders—shared with local authority
• Threshold: CAOs—welfare test only; Care orders—significant harm threshold
• Local authority role: CAOs—no ongoing role; Care orders—corporate parenting duties

CAOs as Alternative to Care Orders

In care proceedings, a CAO in favour of a family member may be an alternative to a care or supervision order. The court must consider all options and make the order that best meets the child's welfare.

CAOs and Family Members

Grandparents and Other Relatives

Family members can apply for CAOs but may need leave (permission) from the court first. Those who need leave include:

• Grandparents
• Other relatives
• Anyone else (unless they have parental responsibility or the child has lived with them)

Family Members in Care Proceedings

If a family member comes forward during care proceedings, the court may consider whether a CAO in their favour would be appropriate, avoiding the need for a care order.

The Welfare Checklist

When making a CAO, the court must apply the Section 1(3) welfare checklist:

• The child's wishes and feelings (considering age and understanding)
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child's age, sex, background, and relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• The capability of parents and others to meet the child's needs
• The range of powers available to the court

Prohibited Steps and Specific Issue Orders

Other Section 8 orders may be made alongside or instead of CAOs:

Prohibited Steps Order

Prevents a parent from taking a particular step without court permission (e.g., removing the child from the UK, changing the child's name).

Specific Issue Order

Determines a specific question about the child's upbringing (e.g., which school the child attends, medical treatment).

Duration and Variation

Duration

• CAOs typically last until the child is 16 (or 18 in exceptional circumstances)
• They can be varied or discharged by the court

Variation

Either party can apply to vary the order if circumstances change. The court will consider whether variation is in the child's best interests.

Enforcement

If a CAO is not being followed, the court can:

• Make an enforcement order (unpaid work requirement)
• Order compensation for financial losses
• Vary the CAO
• In serious cases, consider contempt proceedings

Social Work Considerations

When Assessing CAO Applicants

• Assess their suitability to care for the child
• Consider their relationship with the child
• Assess their ability to meet the child's needs
• Consider the impact on the child of living with them
• Assess their ability to promote the child's relationship with parents

When a CAO May Be Preferable to Care Order

• The child can live safely with a family member
• No ongoing local authority involvement is needed
• The arrangement is sustainable without statutory intervention
• The proposed carer can exercise parental responsibility independently

Conclusion

Child Arrangements Orders regulate where a child lives and spends time, typically in private law disputes. While social workers are less involved in CAO cases than care proceedings, understanding these orders helps when assessing family options, responding to Section 37 directions, and considering alternatives to care orders in proceedings.