Children Living at Home Subject of Interim or Final Supervision Orders


1. Introduction

1.1 Children’s Social Care policy is to utilise appropriate and proportionate measures under the Children Act 1989 (CA 1989) to protect children who are suffering, or are likely to suffer Significant Harm. 

1.2 As the threshold for making an Interim or Final Supervision Order is the significant harm threshold, the child’s needs when they are living at home subject of these orders should be given equal weighting to that of children subject of Child Protection Planning and Public Law Outline Planning (PLO) procedures.

1.3 There is often a gap in relation to service provision, support, monitoring and management in respect of children who are subject of Interim or Final Supervision Orders. This procedure is to ensure that those gaps are met.

 

2. What is a Supervision Order?

2.1 A Supervision Order imposes a duty on the local authority to ‘advise, assist and befriend’ the child. It may require a child to live in a specified place, do certain activities and report to a particular place at a set time. A Supervision Order lasts for one year (but the Court can specify a lesser length of time), and may be extended, on application to the Court for up to two further years. A Supervision Order cannot run for more than three years from the date it was made. It will only last until the child reaches the age of 18, unless discharged at an earlier date.

2.2 If a Court has made an Interim Supervision Order it must have been satisfied that there are reasonable grounds for believing that the child is suffering, or is likely to suffer significant harm and that the 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; or the child’s being beyond parental control.

2.3 A court may only make a Final Supervision Order if it is satisfied:

a) That the child concerned is suffering, or is likely to suffer Significant Harm; and

b) That the harm, or likelihood of harm, is attributable to:

i) The care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

ii)The child being beyond parental control.

2.4 An important distinction between a Supervision Order and a Care Order is that a Supervision Order does not confer Parental Responsibility to the Local Authority and the subject child is not in the care of the Local Authority. Within the Supervision Order there is the opportunity to impose obligations on a responsible person. Therefore, requirements will be placed on the parent/carer as well as the child. However, this does require the consent of the responsible person before it can be included in the Supervision Order. The responsible person is required to give details of the child’s address and allow the supervisor reasonable contact with the child. (Schedule 3, CA 1989) The responsible person, in relation to a supervised child means:

  • Any person who has parental responsibility for the child; and
  • Any other person with whom the child is living

2.5 In accordance with the CA 1989 no Supervision Order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).

2.6 Supervision Orders can be made with respect to a child who is subject to a Child Arrangements Order, Special Guardianship Order, or any other Section 8 Order and will not end those orders, being expected instead to support the carers in the best possible care of the child. However, to be able to grant a Supervision Order alongside one of these other Orders, the conditions set out in 2.3 must have been met.

2.7 Whilst a Supervision Order is in force it shall be the duty of the supervisor, who will be a registered Social Worker to: advise, assist and befriend the supervised child;

a) Take such steps as are reasonably necessary to give effect to the order; and

b) Where:

i) The order is not wholly complied with; or

ii) The supervisor considers that the order may no longer be necessary;

iii) To consider whether or not to apply to the court for its variation or discharge.

 

3. Directions available by the Court within Supervision Orders

3.1 Directions can be made, which are sometimes relevant for older children, e.g. requiring them to live in a specific place in the case of a child who persists in returning to the home of a person who is a risk, or requiring them to attend medical appointments (e.g. a child with anorexia or self-harming or other diagnosed mental health problems). There may be other circumstances in which directions are appropriate.

3.2 A Supervision Order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things:

a) To live at a place or places specified in the directions for a period or periods so specified;

b) To present himself to a person or persons specified in the directions at a place or places and on a  day or days so specified;

c) To participate in activities specified in the directions on a day or days so specified.

3.3 It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.

3.4 Within the Supervision Order there is the opportunity to impose obligations on a responsible person, (Schedule 3 CA 1989). This makes the requirements the responsibility of the parent/carer as well as the child, but it needs their consent at the final hearing to include it in the order.

3.5 Paragraph 8 CA 1989 requires the responsible person to give details of the child’s address and allow the supervisor reasonable contact with the child.

The responsible person, in relation to a supervised child means:

a) Any person who has parental responsibility for the child; and

b) Any other person with whom the child is living.

3.6 A Supervision Order may require the supervised child to submit to a medical or psychiatric examination or to submit to any such examination from time to time as directed by the supervisor.  See (Schedule 3 CA 1989) for further details particularly in relation to medical/psychiatric examination and treatment.

 

4. Children’s Rights

  • The right to apply for the discharge of a Supervision Order s.39(2)(b) CA 1989
  • The right to make representation (including complaints) to the Local Authority if they are a “child who is in need”. s.26(3)(a) CA 1989;
  • The right to be notified of the findings of a representation or complaint, s.26(7)(b)(ii) CA 1989;
  • The right to have a Children’s Guardian appointed to represent his/her interests in certain proceedings s.41 CA 1989;
  • The right to be involved in care planning meetings, and to have his or her views ascertained, and given due consideration (having regard to age and understanding) S17 (4A) (a) (b) CA 1989;
  • The child needs to be advised that they can be supported by an advocate and a referral can be made to an advocacy service where appropriate.

 

5. Standards

  • A Supervision Order should only be considered when no lesser option will meet the child’s needs;
  • A Legal Planning Meeting must be held to decide if an application for a Care Order or Supervision Order is appropriate, to identify any actions required before the application is made, and the timing of an application;
  • An in principle decision to recommend care proceedings, including to obtain a Supervision Order should be taken by the relevant Local Authority decision maker;
  • Children’s wishes and feelings should be ascertained as soon as possible;
  • The Social Worker applying for a Care Order, or Supervision Order must be clear about the plans and timetable for the child as discussed in the Legal Planning Meeting;
  • Any Social Worker, who has obtained an interim or final Supervision Order, shall immediately inform any person who is caring for the child, as well as their Team Manager and other significant professionals, and enter the details on the child’s electronic record.

 

6. Management of Supervision Orders

6.1 If prior to the making of an Interim Supervision Order the child is subject of Child Protection planning this process may be ended through the dual protection process once proceedings are initiated. However the family and professionals involved with the child should continue with 4 weekly/monthly/6 weekly (depending on individual LA procedure) meetings to inform and update the plan. Guardians should be made aware and invited to these meetings. Visits to the child should take place at no less than 4 weekly/monthly/6 weekly (depending on individual LA procedure).

6.2 At the conclusion of the proceedings, a care plan will have been presented to the court detailing the aspects of the Supervision Order. The care plan should then continue to be reviewed 4 weekly/monthly/6 weekly (depending on individual LA procedure) in care planning meetings which include the family and professionals involved with the child.  Visits to the child should continue to take place at a minimum of every 4 weeks/monthly/6 weekly (depending on individual LA procedure). The child should be seen alone (dependent on age and understanding) and his or her wishes and feelings obtained and recorded. Care planning meetings (CIN Reviews) should continue for the duration of the Supervision Order.

6.3 The plan should be reviewed by the Social Worker and their Team Manager during supervision.

6.4 Children subject of a Supervision Order will also be tracked through each Local Authority’s Performance Monitoring Framework.  

6.5 A rigorous overview should be conducted at the care planning meeting 3 months prior to the expiry date of the Supervision Order to determine if there is a need for a Court application to extend the Supervision Order. Legal advice should be sought if it is felt a further period of supervision is required. 3 months allows sufficient time for a further application to be made to the Court.

6.6 All care planning meetings should have clear minutes available to ensure that actions are clearly understood by the child/young person their family and professionals. These should be distributed within 10 working days of the meeting taking place.

 

7. Children out of Borough

7.1 If a child who is subject to a Supervision Order moves out of borough, the local authority area into which the child moves must be notified of the child's move.

7.2 Where this is known in advance, the social worker will write to the relevant local authority advising of the move and include a copy of the Supervision Order and a copy of the single assessment and child's care plan.

7.3 Where there is no or little advance notice of the move, the Social Worker will phone the relevant local authority to alert them and follow up with sending copies of the documents listed above within 24 hours.

7.4 The Supervision Order and case responsibility remains with the home Local Authority and not the Local Authority the child has moved into. Case transfer could only be reasonably requested on the expiry of the Supervision Order unless there is a Court application to consider transfer of the Order to the new Local Authority.

 

8. Extending a Supervision Order or making an application for a Care Order

8.1 If at the care planning meeting or review of the care plan it is identified that the Supervision Order is not providing the level of safeguarding required for the child, it may be felt that it is necessary to return to court to seek a Care Order. In these circumstances a legal meeting should be held and legal processes followed.

8.2 If the Care planning meeting or review of the care plan identifies that the Supervision Order should be renewed as the family need further support a legal meeting should be held and the legal process followed.

8.3 An application for a Care Order whilst a Supervision Order is in force will be treated as a fresh Care Proceedings application and the threshold for making a S.31 order will have to be proved as at the date of Local Authority intervention (usually the date of the new application).