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Supervision Orders

Supervision Orders

 

What is a Supervision Order?

 

A Supervision Order imposes a duty on the designated Local Authority to “advise, assist and befriend” the child. The Order may require a child to live in a specified place, do certain activities and report to a particular place at a set time.

 

The Order enables the Local Authority to monitor the situation and maintain a degree of control over the child to ensure their wellbeing is being met without removing the child from the care of their parent or guardian.

 

In some circumstances, a Supervision Order will allow the child to continue living in the family home, or reside with a family member, whilst being supervised by the Local Authority.

 

A Supervision Order can be made within Care Proceedings or can be made where the child is subject of a Child Arrangements Order and the criteria for such an order is met.

 

Supervision Orders are often made at the conclusion of care proceedings or when a Special Guardianship order is made so that the Local Authority can remain involved and review matters with the family for a set period of time.

 

A supervision order does not allow the Local Authority to share parental responsibility with the parents/ guardian of the child.

 

When can the Court make a Supervision Order?

 

The Court can only make a care order if they are satisfied that the threshold criteria is met.

 

What is a Threshold?

 

Section 31(2) of the Children Act 1989 sets out the criteria that must be met by the Local Authority when they make an application to the Court for a Care or Supervision Order.

 

The threshold criteria is as follows:

 

A court may only make a care order or supervision order if it is satisfied-

  1. that the child concerned is suffering, or is likely to suffer, significant harm; and
  2. that the harm, or likelihood of harm, is attributable to-
    1. 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
    2. the child’s being beyond parental control.

 

Can I respond to the Local Authority?

 

Once the Local Authority have submitted an application to the Court, the Court will make directions for the parents to respond to the Local Authority’s initial evidence.

 

The parents will then be able to respond to the Local Authority’s threshold document and set out whether they accept or deny the points raised by the Local Authority.

 

The parents will then have the opportunity to draft an initial statement setting out their position and responses to the Local Authority in more detail.

 

How long does a Supervision order last?

 

Interim Supervision orders are usually made whilst the court proceedings are ongoing, usually up to 26 weeks or more.

 

Final supervision orders are made for a set period of up to one year, but they are usually made for 6 to 12 months. A Supervision Order may be extended each year to a total of 3 years.

 

A Supervision Order will automatically expire when the child reaches the age of 18.

 

How can Duncan Lewis Solicitors help?

 

Duncan Lewis Solicitors can advise parents on the implications of a Supervision Order and can advise on the steps that can be taken to attempt to avoid the Local Authority taking the child into care. Duncan Lewis Solicitors can also advise and assist in relation to applications to discharge a Supervision Order.

 

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

 

How will the matter be funded?

 

Duncan Lewis Solicitors are able to provide free legal aid for these types of applications if you are the subject child, a biological parent or someone with parental responsibility for the subject child. Duncan Lewis Solicitors are also able to potentially provide free legal aid to any other respondent in such an application such as a family member, however such an application maybe means and merit tested. Our Children Law team are able to discuss funding options with you and can assess you for legal aid.

 

A fixed fee quote or a quote with a legal representative’s hourly rate may also be available for this matter. Potential quotes for such funding will be confirmed with you in advance of any work being undertaken on your matter.

 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.

 


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