Form 84.40M – Order Discharging / Varying A Special Care Order

What this form is for

• • Use when you want to completely end an existing Special Care Order
• • Use when you need to modify the terms or conditions of a Special Care Order
• • Use when the original reasons for the order no longer apply
• • Use when the child's situation has improved significantly
• • Use when alternative care arrangements are now available

Use this form or another form?

Deadline or filing window

There is no standard deadline for submitting this form, but it should be filed as soon as there are legitimate grounds for discharge or variation of the Special Care Order.

Before you submit

• • Form is fully completed with all required sections
• • All parties to the case have been notified
• • Supporting evidence is attached and referenced
• • Legal representative has reviewed and signed the form
• • Court filing fees are paid if applicable
• • Copy of the form has been kept for personal records

How to file this form

1. 1Obtain the correct Form 84.40M from the Courts Service website or court office
2. 2Complete all sections with accurate information about the current order
3. 3Prepare supporting documentation demonstrating changed circumstances
4. 4Have your legal representative review and sign the form
5. 5File the form with the appropriate court office handling the case
6. 6Obtain a filed copy as proof of submission
7. 7Attend any scheduled court hearings related to the application

Known limitations

• • This form cannot be used to apply for a new Special Care Order
• • The court may not grant discharge if the child remains at risk
• • Variation requests must specify exactly what changes are sought
• • The form requires legal representation for proper submission
• • Court approval is not guaranteed and depends on circumstances