Form 84.40E – Notice Of Application For Discharge Of A Special Care Order - Child Care Act 1991, Section 23B (5) (As Inserted By Section 16 Of The Children Act 2001)

What this form is for

• • Use this form specifically when applying to discharge a Special Care Order
• • Do not use this form for initial applications of a Special Care Order
• • Use this when circumstances have changed significantly since the order was made
• • Use this when the child's welfare no longer requires special care
• • Do not use this form for other types of care orders or guardianship applications

Use this form or another form?

Deadline or filing window

Applications for discharge should typically be made as soon as there are reasonable grounds to believe the Special Care Order is no longer necessary. There is no strict deadline, but delays may affect the child's welfare.

Before you submit

• • All sections of the form are completed
• • Personal details are accurate and up-to-date
• • Information about the current Special Care Order is correct
• • Reasons for discharge are clearly stated
• • All required supporting documents are attached
• • Form is signed if required
• • Any applicable fees are paid

How to file this form

1. 1Obtain the correct Form 84.40E from the Courts Service
2. 2Complete all sections with accurate information
3. 3Gather supporting documentation showing why the order should be discharged
4. 4Submit the completed form to the relevant court office
5. 5Pay any required fees
6. 6Keep a copy of the submitted form for your records
7. 7Attend any scheduled court hearings

Known limitations

• • This form only applies to discharging existing Special Care Orders
• • It does not provide legal advice or representation
• • The court may require additional information or documentation
• • Approval is not guaranteed and depends on the court's assessment
• • The process may take time and affect the child's placement