Supervision Orders
A supervision order is an order the Family Court can make where it considers that a child needs ongoing support, monitoring and involvement from children’s services. The order appoints a supervisor, usually a local authority social worker, who has a legal duty to advise, assist and befriend the child.
A supervision order does not give the local authority parental responsibility. This is the main difference between a supervision order and a care order. Parents retain their parental responsibility throughout the order, although the court may set out requirements that a parent or other responsible person must follow. (cafcass.gov.uk)
The order does not automatically mean that a child lives at home. A child may be living with a parent, another family member or in another arrangement. The important point is that the child is not in local authority care because of the supervision order itself.
How are supervision orders made?
A local authority can apply for a supervision order during care proceedings where it has concerns about a child’s welfare. The court must be satisfied that the legal threshold for making a care or supervision order has been met, including that the child has suffered or is likely to suffer significant harm.
Meeting the threshold doesn’t mean that a care order will automatically be made. The court must consider the child’s welfare, whether making an order is better than making no order and which order is necessary and proportionate in the circumstances. A supervision order may be considered where the court decides that ongoing local authority involvement is needed but a care order is not necessary.
Before court proceedings begin, children’s services will often have worked with the family through assessments, support plans or the Public Law Outline (PLO) process. If you have received a letter before proceedings, it’s important to get legal advice before attending a pre-proceedings meeting where possible.
What does a supervision order mean for you?
A supervision order can bring continued involvement from children’s services after the court proceedings have ended. The supervision plan should explain the concerns that need to be addressed, the support that may be offered and the changes children’s services expect to see.
Although parents retain parental responsibility, it is important to understand what the order and plan require. Your solicitor can help you consider the proposed plan, respond to concerns raised by the local authority and understand the possible consequences if concerns remain unresolved.
Parental responsibility stays with parents
Parents do not lose parental responsibility when a supervision order is made. The local authority does not gain parental responsibility and cannot make the important decisions that a care order would allow it to make.
This is different from a care order, where the local authority shares parental responsibility and may decide where the child lives. A supervision order may therefore feel like a less intrusive outcome, but it is still a court order and should be understood carefully.
The role of the supervisor
The supervisor is usually a social worker from the local authority. Their role is to advise, assist and befriend the child, while working with the family to monitor progress and respond to the concerns identified in the case.
The supervisor may arrange visits, ask for information about how the plan is progressing and coordinate support from other professionals. The detail will depend on the court’s order, the local authority’s plan and the child’s individual circumstances.
Requirements to cooperate
The court can attach requirements to a supervision order. These can include requirements for the child or a responsible person to comply with certain reasonable directions from the supervisor or to take part in specified support, assessment or treatment where the legal conditions are met.
Not every supervision order will contain the same requirements. If you are unsure about what the local authority expects from you, ask for the plan and court order to be explained clearly. Our solicitors can advise on what is required and raise concerns where a proposed requirement may not be appropriate.
How long does a supervision order last?
A supervision order normally lasts for one year from the date it is made. The supervisor can apply to the court for an extension where continued supervision is considered necessary.
The order doesn’t usually run for more than three years in total from the date it was first made. It may also end earlier if the court discharges it following an application.
When the order ends, social services (children’s services) may decide that no further formal involvement is required. In some circumstances, they may continue working with the family on a voluntary basis or through a child in need or child protection plan, depending on the concerns and support needed at that time.
Supervision order vs care order vs child protection plan
These terms can sound similar, but they have different legal effects. A supervision order vs a care order are both made by the Family Court, while a child protection plan is not a court order.
The table below gives a general comparison. The arrangements for a particular child will depend on the court’s order, the care or supervision plan and the circumstances of the family.
| Feature | Supervision order | Care order | Child protection plan |
|---|---|---|---|
| Is it a court order? | Yes | Yes | No |
| Does the local authority have parental responsibility? | No | Yes, shared with parents | No |
| Who makes the order or plan? | The Family Court | The Family Court | Children’s services through child protection procedures |
| What is the purpose? | Ongoing support and supervision where a court order is needed | To give the local authority responsibility for safeguarding and promoting the child’s welfare | To coordinate support and monitoring where there are child protection concerns |
| How long can it last? | Usually one year and up to three years in total if extended | Usually until the child is 18 unless discharged or replaced | Reviewed regularly and not subject to a fixed statutory duration |
| Can it affect where a child lives? | The order itself does not place the child in local authority care | The local authority can decide where the child lives, subject to its duties and the court’s order | The plan itself does not give children’s services power to decide where the child lives |
A child protection plan may be in place before care proceedings or after a supervision order ends. It does not give children’s services parental responsibility and does not replace the need for a court order where the local authority believes one is necessary.
Can a supervision order be extended or discharged?
A supervision order can be extended if the court decides that continued supervision is necessary. The supervisor must apply to the court and the court will consider the child’s current circumstances, welfare and whether the order remains needed.
The order can also be discharged before it ends. An application may be made by a parent, another person with parental responsibility, the child or the local authority. The court will consider whether the supervision order is still necessary and whether another arrangement would better meet the child’s needs.
If you are considering an application to discharge or vary a supervision order, it’s important to take advice about the relevant legal test and the evidence that may be needed. Funding for an application to discharge or vary an order may be subject to different legal aid rules from the original supervision order proceedings.
Legal aid for supervision order proceedings
Supervision order proceedings are within the Special Children Act category for legal aid. Where the proceedings qualify, the child who is the subject of the order, parents and people with parental responsibility can receive legal aid on a non-means and non-merits tested basis.
This means that income, savings and capital are not assessed for the qualifying proceedings. It does not mean that every related matter is automatically covered. For example, an appeal or an application to discharge or vary a supervision order is generally means and merits tested, so a solicitor should check the funding position for the specific work required.
Find out more about legal aid for care proceedings
FAQs about legal aid for care proceedings
- Does legal aid cover the full cost of a care proceedings solicitor?
Where the non-means-tested route applies, legal aid covers the cost of representation throughout the proceedings, including preparation, hearings and associated evidence such as expert assessments. A solicitor can explain exactly what is covered in your case.
- Do I need to pass a means test to get legal aid for care proceedings?
No. Parents and others with parental responsibility do not need to pass a financial means test under this route. This is one of the features that sets care proceedings apart from many other areas of family law legal aid.
- Does legal aid cover the full cost of a care proceedings solicitor?
Where the non-means-tested route applies, legal aid covers the cost of representation throughout the proceedings, including preparation, hearings and associated evidence such as expert assessments. A solicitor can explain exactly what is covered in your case.
- How do I apply for legal aid if social services have started proceedings?
Contact a solicitor as early as possible, ideally as soon as you receive a pre-proceedings letter. National Legal Service can confirm your eligibility and begin work on an application straight away.
- Is legal aid available for emergency protection order hearings?
Yes. Emergency protection order hearings fall within the scope of non-means-tested legal aid for parents with parental responsibility, given how quickly these hearings are often listed.
- Does legal aid cover me if the local authority applies for an interim care order?
Yes. An application for an interim care order is part of care proceedings, and representation at that hearing is covered under the same non-means-tested route.
Request Callback
We know that no two cases are ever the same and we are dedicated to guiding you through the legal process with tailored solutions which work for you. For free initial legal advice please fill out the form below.