Official form guide
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)
Form 84.40E is a formal notice used to apply to have a Special Care Order discharged under Section 23B(5) of the Child Care Act 1991. This form should be used when you believe that the conditions requiring the child to be in special care no longer exist or have significantly changed.
Need help with Form 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)?
Open it in the AI Editor for field guidance, checks, and PDF export.
Form Overview
Courts Service of Ireland - 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)
Form 84.40E is a formal notice used to apply to have a Special Care Order discharged under Section 23B(5) of the Child Care Act 1991. This form should be used when you believe that the conditions requiring the child to be in special care no longer exist or have significantly changed.
Risk Radar
Scan points- 1The most common mistake is failing to provide sufficient evidence that the reasons for the Special Care Order no longer apply.
- 2Incomplete form sections
- 3Missing supporting evidence
- 4Incorrect information about the current order
- 5Not following proper court procedures
Plain English
A Special Care Order is a legal order that places a child in the care of the Health Service Executive for their own safety and welfare. This form lets you formally ask the court to end that order if you think it's no longer needed.
Submission Date
- Filing date: 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.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
AI co-pilot
Fill it faster. Catch mistakes before you file.
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
Form selector
Use this form or another form?
Applying for a new Special Care Order
Different legal process with different requirements
✓ Check if you're applying for a new order or discharging an existing one
Applying for emergency care of a child
Urgent procedures with different timelines
✓ Verify if your situation requires emergency intervention
Form 84.40A (emergency application)
Seeking access or guardianship orders
Different legal processes and outcomes
✓ Ensure you're applying for the correct type of order
Various CRO or family court forms
Reporting child welfare concerns
Different process with different outcomes
✓ Check if you need to report concerns or apply for a court order
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
- 1All sections of the form are completed
- 2Personal details are accurate and up-to-date
- 3Information about the current Special Care Order is correct
- 4Reasons for discharge are clearly stated
- 5All required supporting documents are attached
- 6Form is signed if required
- 7Any applicable fees are paid
How to file this form
- 1Obtain the correct Form 84.40E from the Courts Service
- 2Complete all sections with accurate information
- 3Gather supporting documentation showing why the order should be discharged
- 4Submit the completed form to the relevant court office
- 5Pay any required fees
- 6Keep a copy of the submitted form for your records
- 7Attend any scheduled court hearings
Known limitations
- 1This form only applies to discharging existing Special Care Orders
- 2It does not provide legal advice or representation
- 3The court may require additional information or documentation
- 4Approval is not guaranteed and depends on the court's assessment
- 5The process may take time and affect the child's placement
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Not confirmed in official source. This guidance is based on the form name and number provided. Always verify with the Courts Service of Ireland for the most current information.
What changed or needs a fresh check
- Verify the form number matches the current version
- Check if any sections have been updated or removed
- Confirm any changes to required supporting documents
- Ensure any fee requirements are current
- Check if submission methods have changed
Quick Facts
Form Details
- Revision date
- 18/10/25
Downloads & source
Sources
- SRCForm number: Form 84.40E
- SRCIssuing agency: Courts Service of Ireland
- SRCPurpose: Notice of Application for Discharge of a Special Care Order
- SRCLegal basis: Child Care Act 1991, Section 23B(5)
- SRCAmendment: As inserted by Section 16 of the Children Act 2001
- SRCSubmission process: not confirmed in official source
- SRCCurrent form status: not confirmed in official source
- SRCRequired supporting documents: not confirmed in official source
Common confusion points
Confusing this form with the initial application for a Special Care Order
Not understanding who has the legal standing to apply for discharge
Misunderstanding the grounds on which a Special Care Order can be discharged
Confusing Special Care Orders with other types of care or guardianship orders
Not knowing the appropriate court to submit the form to
Assuming automatic approval without sufficient evidence
Not understanding the potential impact on the child's current placement
Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Understand the agreement before you sign it.
Review risky clauses in plain English, fix the document, and keep it moving toward signature.