A Supervision Order is a different matter to a Care Order. It should not be considered to be a “watered-down” version of a Care Order. It’s effects and ramifications are very different.
The two types of order do share many things in common but this does not mean that one should be identified with the other.
The two types of order are both outlined in and governed by the Children’s Act 1989.
They both have identical “threshold criteria” as outlined in section 31(2) of the Act:
- The child concerned is suffering or is likely to suffer significant harm and that harm or likelihood of harm is as a result of the care given to the child if the order were not made it his favour, and/or the child being beyond parental control.
The Act also makes the meaning of “significant harm” clear in the context of the issuing of such orders:
- Significant harm in relation to family law proceedings means the ill-treatment or the impairment of the health or development .
- The development of the child refers to the physical, intellectual, emotional, social or behavioural development.
- Ill-treatment refers to any form of ill-treatment that is not physical, physical and sexual abuse.
What is the Difference Between a Supervision Order and a Care Order?
Beyond these similarities, the two orders are very different.
The main difference is that in a Supervision Order, as opposed to a Care Order, the local authority does not gain parental authority over the child. The powers and rights of parental authority remain with the parents in this case.
“I know I have a fight in front
of me but now I know I have
someone in my corner who
believes in me, which makes
all the difference.”Our client, Ms B.
What a Supervision Order does do, as the name suggests, is to place the child under local authority supervision, or the supervision of a probation officer. It is their duty under the Children’s Act 1989 to “advise, help and befriend the child.”
Supervision Orders have an initial duration of one year. The supervisor may apply for an extension of the Order, but in any case it may not continue for more than three years in total.
There may be conditions to such an order. For instance, it may be a requirement that the child receive medical or psychiatric examination or treatment. There may also be the requirement that the child undertake specific activities at specific times.
It is possible to have a Supervision Order terminated by application to the Court by interested parties. The court may grant this based on the arguments presented.
Additionally, the issuance of a Care Order terminates any extant Supervision Order.Contact Us Now
Brendan Fleming Solicitors are nationally recognized as a leading choice in the area of care work. We are justifiably proud of our expertise and our success rate. We are contracted to the Legal Services Commission for this type of work and are considered to be one of the leading national firms for publicly funded services.
Our principal, Brendan Fleming, has won a reputation for his innovative approach, spearheading many new ways of securing justice for families caught in the care proceedings trap. He is a member of a select children’s panel and recognized and approved by the Law Society.
If the local authority are trying to get a Supervision Order issued on your child, and to see how we can help you, contact Brendan Fleming today.