If the Local Authority has concerns about the care being afforded to a child in that they feel the child has suffered or is at risk of suffering significant harm, they may decide to apply to the court for a supervision order. But what is a supervision order?
According to Section 25 of the Children Act 1989, the purpose of a supervision order is to ‘advise, assist and befriend the supervised child’. Supervision orders are different to care orders in that they do not grant the Local Authority parental responsibility for the child but impose a duty on them to provide support to the child, in the interests of their welfare and safety.
In some cases, the Local Authority may have been granted an interim care order whilst proceedings are ongoing but at the end of the care proceedings, may instead ask for a supervision order to be granted. This is often in cases where the Local Authority feel that their concerns are no longer significant enough to deem it necessary for them to have parental responsibility for the child but feel as though the child/family require some support, which would not be afforded if proceedings concluded with no order being made. The Local Authority will typically provide a supervision support plan to run alongside this order, and this will usually impose conditions, such as to enable the Local Authority to have regular visits with the child, or for parents to complete extra work or courses. If these conditions are not adhered to, as in all cases, the Local Authority may feel it necessary to return the matter to court and may instead feel that a different type of order, such as a care order, may be more appropriate.
Supervision orders are typically granted for a period of either 6 or 12 months but can be extended up to a maximum of 3 years. If the Local Authority wishes to extend a Supervision Order then they must make an application to Court. Like a care order, supervision orders expire as soon as the child turns 18.
The Local Authority, anybody with parental responsibility, and even the child in some cases, can apply to the court to discharge a supervision order before its expiry however it must be demonstrated that significant changes have been made since the order was granted.
Legal aid is afforded to parents in the event that the Local Authority makes an application for a supervision order and this is non-means and merits tested, meaning it is automatically given as long parents hold parental responsibility.
If you have any questions about supervision orders, please contact Bromleys on 0161 330 6821 and ask to speak with a member of our childcare team.