1.2.14 Supervision Orders

1. Introduction

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. A Supervision Order does not give Parental Responsibility, but it places a responsibility on the local authority to “advise, assist and befriend” the child and by extension, the people with whom the child lives.

A Supervision Order is designed to allow the local authority to keep a reasonable amount of oversight over the child where there has been harm or a risk of harm, but not enough continuing harm to warrant a Care Order.

A plan as to how a Supervision Order is to be implemented will be submitted to the court during proceedings. Children and young people who are subject of a Supervision Order will have a plan in place to ensure that any agreed actions by the family and professionals are clear and outcome focused. The plan should be specific and purposeful in its aim to reduce risk and build on strengths to support the child in their care arrangement.

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.

2. The Scope of a Supervision Order

A Supervision Order, made under S35 of the Children Act 1989, allows the local authority to appoint a ‘supervisor’ who will ‘advise, assist and befriend the supervised child’ and take whatever steps are necessary to make the supervision order work. Supervision orders are normally made for 6 months or 12 months at a time.

Children Act 1989, Section 35

Supervision orders.

1. While a supervision order is in force it shall be the duty of the supervisor -
   1. To advise, assist and befriend the supervised child;
   2. To take such steps as are reasonably necessary to give effect to the order; and
   3. Where -
      1. The order is not wholly complied with; or
      2. The supervisor considers that the order may no longer be necessary,
      3. To consider whether or not to apply to the court for its variation or discharge.
2. Parts I and II of Schedule 3 make further provision with respect to supervision orders.

3. Children’s Rights

• The right to apply for the discharge of a Supervision Order s.39(2)(b);
• The right to make representation (including complaints) to the Local Authority if they are a "child who is in need". s.26(3)(a);
• The right to be notified of the findings of a representation or complaint, s.26(7)(b)(ii).

For further information on Children’s Rights please refer to procedure:

Representation, Advocacy and Children's Rights

For further information on Children’s Services Complaints, please refer to:

Children’s Services Complaints

4. Management and Review of Children Subject of a Supervision Order

Prior to the finalisation of the proceedings, if the child is a Child in Care, a review will be held to ratify the final supervision plan prior to it being filed to the court.

Within the Child in Care review, the IRO will have opportunity to consider; and if relevant challenge the proposed supervision plan, considering the child’s individual needs and have the opportunity to review the trajectory of the plan, and make recommendations on a case-by-case basis if required.

In every case, the FAST Team Manager will have final oversight of the Supervision Plan prior to this being filed at court.

Upon the final Supervision Plan being granted, the Social Worker, will transfer the contents of the Supervision Plan into the Child and Family Progress plan step, and the case will be managed under the Child in Need Framework.

A specific Danger Statement, Safety Goal and Scaling Question will be added to the Child and Family Progress plan. This will highlight that the child is subjected to a Supervision Order and the date it is due to expire. It will also clearly outline the specific reasons the proceedings were issued, including the evidenced harm at the time and the impact on the child. This will help to understand the historical context of the harm against any progress and safety developed over time. It should be discussed in each meeting and scaled to map progress and maintain a clear focus of the purpose of the Supervision Plan.

Please refer to the Child and Family Progress Plans and Meetings Procedure.

However, cases are considered on a case-by-case basis. If the Supervision Plan is not adequately protecting a child and previous or new significant concerns emerge, the FAST teams should consider holding a strategy discussion and following a Section 47 investigation, if there is evidence of ongoing significant harm, consideration should be held to convening an Initial Child Protection Conference.

At any point throughout the duration of the Supervision Order if the concerns are deemed to be so significant, consideration should be given to seeking legal advice with a view of returning the matter to Court.

4.1 Visits to the Child

The child should be visited as per the: Visits to Children Procedure. However, during the life of the Supervision Order, there is the expectation that the visiting pattern will be reviewed within case supervision.

4.2 Review of the Supervision Order

Please refer to Appendix 1: The Review of a Supervision Order Flowchart.

At the 3- and 6-month point, the Practice Supervisor will attend the Child and Family Progress Plan Meeting to provide management oversight The Practice Supervisor will then update the Team Manager.

A mandatory outcome of the 6-month review is to undertake Child & Family Assessment. The Social Worker will complete this to analyse the changes made and sustained and the progression of the Supervision Plan to help inform the decision making at the 9-month review.

At the 9 months point, the Team Manger will attend the Child and Family Progress Meeting and review the progress. The outcome will be either:

• End the Supervision Order on expiry of the order; or
• Plan to return the case to Support Panel to seek agreement to obtain legal advice with a view of returning to court to extend the Supervision Order or seek an alternative order.

NB, for a 6-month Supervision Order, the Team Manager will review the Child and Family Progress Plan Meeting at the 3-month point. Due to the shorter timescale of a 6 month Supervision Order, a Child & Family Assessment should be completed before the 3 month review point.

NB, Whilst the IRO is not formally involved in the reviewing process of the Supervision Order, it is acknowledged that in certain cases, a FAST Team Manager may consider it helpful for an IRO to chair a meeting to provide independent oversight.

At the final review, the child can continue to be supported under a Child and Family Progress Plan, Step Down to TAC or close.

5. Interim Supervision Orders

In some situations, an Interim Supervision Order may be made where a child is already the subject of a Child Protection Plan. The independent Chair will hold a discussion with the Team Manager and the Practice Supervisor to determine whether the risks to the child, and the level of safety can be managed under a Child in Need plan with the oversight of the Court. If the Independent Chair agrees a Child Protection Plan is no longer needed, the process for ending the Plan will be followed and day ten letters will be issued.

Appendix 1: The Review of a Supervision Order Flowchart

Appendix 1: The Review of a Supervision Order Flowchart.