Care and Supervision Orders – What you need to know
To any affected family or parent, the prospect of facing Care or Supervision Order proceedings can be can extremely stressful and confusing. Our expert team have years of invaluable experience to help you through these difficult times.
Fully understanding everything involved, and your rights is crucial to ensuring the best outcome for the child. That is where Ramsdens experience is invaluable in helping guide and support clients through a complex process.
What’s involved in the process?
If a local authority (often called children’s or social services) believes that a child or young person is being significantly harmed or is at risk of significant harm at home (due to the care given or though their own behaviour), they may apply to the Family Court for a Care Order or a Supervision Order.
At the beginning of the case, the local authority may also request an Interim Order if they can convince the court that there are ‘reasonable grounds’ to believe the child is at risk.
As a parent, if the local authority applies for one of these orders, you may be entitled to free Legal Aid. This means you can get advice from our child law experts at Ramsdens and have us represent you in court without having to worry about the costs.
It’s important to understand the difference between a Care Order and a Supervision Order:
- Care Order: Whether interim or final, a Care Order allows the local authority to share parental responsibility. This means they can make important decisions for your child. In some cases, the court may decide to remove the child from their current home to ensure their safety.
- Supervision Order: This does not give the local authority parental responsibility. Instead, it requires the local authority to ‘advise, assist, and befriend’ the child, which means working with the parents to ensure the child’s safety and well-being.
When a Care Order is made, the court provides a written plan detailing where the child will live, visitation arrangements with parents and sometimes other family members, and other important information like health and education. Similarly, a Supervision Order may include a plan from the local authority.
If you disagree with the local authority’s evidence or plan, it’s crucial to get independent legal advice to understand your options.
Getting legal advice early is essential, whether the local authority is applying for a Care Order or a Supervision Order, these cases can significantly affect your legal rights as a parent or carer. Our child law specialists at Ramsdens are here to help you understand the type of order being applied for and how it could impact your rights and your child’s well-being in the future.
Frequently asked questions about Supervision Orders
This is a court order that enables a local authority to ‘assist, support and befriend’ the supervised child on a legal basis without sharing parental responsibility with the parents.
Usually between six and 12 months.
Yes, it can be extended each year, but for no more than up to three years in total.
Yes, a Supervision Order can be transferred between different local authorities.
The local authority’s involvement will either:
- come to an end, or;
- be stepped down to a child-in-need plan that does not involve the court but does include further work with the local authority on a consensual basis. A different plan or no plan / intervention at all can be the outcome if all has gone well.
