Supervision orders are most commonly made when children are returned to their parent’s care at the end of care proceedings, or when a special guardianship order is made. It allows the local authority, who feels it is necessary to remain involved with the family for a period of time, to oversee the child’s care. Essentially, a supervision order imposes a duty on the local authority to advise, assist, and befriend the child.
Supervision orders are most commonly made when children are returned to their parent’s care at the end of care proceedings, or when a special guardianship order is made. It allows the local authority, who feels it is necessary to remain involved with the family for a period of time, to oversee the child’s care. Essentially, a supervision order imposes a duty on the local authority to advise, assist, and befriend the child.
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Supervision orders tend to be for a set period of around a year in duration, but can be extended each year for a total of three years. It automatically expires upon the child reaching the age of 18. An important distinction between a supervision order and a care order is that supervision orders do not confer parental responsibility onto the local authority; this remains with the child’s parent or carers.
What does a supervision order do?
If the social worker becomes concerned about the welfare or safety of a child and the capacity of a parent to meet their needs, they will consult with their manager and legal adviser to decide if the threshold criteria is met before making an application to the court for a supervision order. Most times, the child and family are already known to the local authority and may have had an assessment and receive local authority family support services. The child may also have been the subject of a “child in need” plan and/or a “child protection” plan.
In practice, a supervision order allows the local authority to advise, assist, and befriend the person/persons caring for the children, especially where they are young. The local authority can also assist parents with the basic care of the children and other day-to-day responsibilities, such as ensuring there is enough food in the family home, and transport to and from school. Essentially, the local authority helps the parents or carers look after the children and ensures their needs are being met.
A supervision order will often be accompanied by a supervision plan which sets out what is going to happen and is expected of a parent. If a parent does not cooperate, such as not allowing a social worker access to the children, then it is likely the local authority will take the matter back to court and possibly escalate by asking for a care order to be made.
In what circumstances will a supervision order be made?
The local authority will make an application for a supervision order as opposed to a care order when they decide that the risks to the child are not yet so serious as to warrant a care order. They will usually be of the opinion that the parent has the capacity to change and sustain the changes necessary to care for the child. However, they are also likely to believe a court order is required to compel the parent to cooperate meaningfully, make necessary changes and stick with them.
The local authority will work with the parent to draw up a supervision order plan setting out how they will support and monitor the changes. The plan will also set out what happens if the parent fails to make and sustain those changes, which may result in an application for a care order.
For a supervision order to be made, the court must be satisfied that the child in question is suffering, or is likely to suffer, significant harm, or likelihood of harm, is attributable to:
- The care given to the child, or likely to be given to them, if the order were not made, not being what it would be reasonable to expect a parent to give to them; or
- The child being beyond parental control
This is often referred to as the “threshold criteria”, and there is a duty on the local authority to show that this has been met for the supervision order to be made.
The court can consider making an interim supervision order which places a child temporarily under the supervision of the local authority until the court makes a final decision about what is in the child’s best interests. An interim order will be made where the court has reasonable grounds for believing the threshold criteria of harm have been met.
Are those holding parental responsibility given notice?
The local authority is legally required to give anyone holding parental responsibility notice before the first court hearing takes place. They will send a copy of the papers to be presented in court to the parents who will have the right to attend and voice their opinion.
Are additional requirements given under a supervision order?
A supervision order may require the supervised child to comply with directions given by the supervisor to do things, such as:
- Live at a place or places specified in the order for a particular period
- Present themselves to a person or person specified in the directions at a place or places and on a day or days specified
- Participate in activities specified in the directions on a day or days specified
What are the limitations of a supervision order?
The most significant difference with a supervision order is the local authority does not share parental responsibility over the child. Unlike a care order, the local authority cannot make decisions on behalf of the child or override the decisions of parents where they are exercising their parental responsibility.
Can a supervision order be discharged?
Regular meetings are held between 8 and 12 weeks before the supervision order ends. During these appointments, consideration is given as to whether the supervision order needs to be extended. If it is decided that the supervision order is no longer necessary, it will effectively be discharged (ended) once the duration of the order has lapsed.
Alternatively, an application can be made by the child, the parent, the local authority, or any person with parental responsibility to discharge the supervision order. The applicant must demonstrate that there is a significant change in circumstances since the supervision order was granted.
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