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An in-depth understanding of supervision orders as outlined in the children act 1989. It covers the definition, duties of the supervisor, conditions, duration, and threshold requirements for obtaining a supervision order. Additionally, it discusses the role of children's social care in managing supervision orders and the process when a child moves to a new local authority.
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Under Section 31 (2) of the Children Act 1989, on the conclusion of care proceedings, the local authority can be granted a Supervision Order. A Supervision Order has the same threshold criteria as a Care Order, but the two orders are completely different in application. A Care Order gives the local authority Parental Responsibility for a child whereas a Supervision Order does not. A Supervision Order places a responsibility on the local authority to appoint a ‘supervisor’ who will “advise, assist and befriend” the child and those that they live with. The Children Act states: Supervision Orders. While a Supervision Order is in force it shall be the duty of the supervisor: a. To advise, assist and befriend the supervised child; b. To take such steps as are reasonably necessary to give effect to the order; and c. 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. The court can impose certain conditions on a child subject to a Supervision Order as outlined in Schedule 3 (sections 35, 36) Children Act 1989
Supervision Orders are normally made for 6 months or 12 months at a time. A Supervision Order can be extended, on application to the Court for up to a further two years. A Supervision Order cannot run for more than three years from the date it was made and will only last until the child reaches the age of 18, unless discharged at an earlier date. 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).
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:
When Legal Proceedings are concluded a Care Plan will be presented to the Court detailing information around what is required to support the child or young person moving forward, and this care plan will form the basis of a timeline formulated to allow the progression and review of the case.