Supervision Orders
If the Local Authority are concerned about a child, they can apply to court for a number of orders to protect the child. This article will explain one of the orders, namely the supervision order which courts often use in care proceedings.
What is a Supervision Order?
A supervision order gives the Local Authority the legal power to monitor the child’s needs and progress while the child lives at home or somewhere else. A social worker will advise, help and befriend the child. In practice, this will mean they give help and support to the family as a whole. Conditions can be attached to a supervision order, for example, you, as the parent, may have to tell the supervisor if you change your address and you may have to allow the supervisor to visit the child at home.
A supervision order doesn’t give the local authority parental responsibility and doesn’t allow them any special right to remove the child from their parent. The parents keep parental responsibility but mustn’t act in any way against the supervision order.
How is a Supervision Order made?
The local authority may apply for an order if they have concerns that a child is suffering significant harm, or is likely to suffer significant harm, and the harm is because:
• of the care being provided by the parent, or
• the child is beyond parental control.
If there is no evidence to show that this is the case, the court can’t make an order. But if there is the evidence, the court goes on to decide whether it should make a supervision order, a care order or no order at all.
Notice
The first court hearing is called a case management hearing, and this should happen no later than 12 days after the date the papers are sent to the parents. A timetable for future hearings will be worked out and the parents will be told of these dates. You, as a parent, have the right to go to court and put your views to court about whether a supervision order should be made. A legal representative can speak on your behalf at court and you would get legal aid.
How long does a supervision order last?
A supervision order is made for up to one year, usually for one year, but it can be stopped (discharged) earlier or extended for a total of up to three years.
Appealing against the supervision order
It’s possible to appeal against a supervision order, but in practice this is very rare. If a supervision order is made, you, as the parent, will have to work closely with the local authority and appealing against an order could make this more difficult. If you want to appeal against a supervision order, get specialist legal advice. You could get legal aid.
What happens If you break the conditions in a supervision order?
If you break the conditions set out in a supervision order, it doesn’t mean that the order will automatically be changed into a care order. There are no specific consequences if you break the conditions of a supervision order but the local authority could go on to ask the court for a care order if they think the child is at significant risk.
If you have any questions about the contents of this article or you would like some advice on the issues raised please contact us.
Article by Holly-Brie Jervis paralegal to Shrutee Dutt and Claire Thorpe .
