What’s the Difference Between a Care Order and a Supervision Order?
When it comes to matters involving your children and family law, it is important to understand the different terminology being used and the different types of orders that can be put in place to protect their welfare.
Care Orders and Supervision Orders are two such legal measures that aim to ensure the safety and well-being of children in vulnerable situations.
In this quick guide, our Family Law Team explore the key differences between a Care Order and a Supervision Order, shedding light on when and how they are used.
What is a Care Order?
A Care Order is an Order where a child is placed under the care of the Local Authority. When a child is placed under the care of the local authority, the local authority is given parental responsibility and shares it with current parental responsibility holders, such as parents. This authority is thereby empowered to make critical decisions about the child's upbringing, including their place of residence and family time arrangements.
When considering the making of an interim Care Order the court must be satisfied that the child concerned 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 him, if the order were not made, not being what it would be reasonable to expect a parent to give to him/her; or
- the child being beyond parental control
Typically, such an order comes into consideration when a child's safety and well-being are at considerable risk due to harm or neglect within their current living situation.
When a care Order is granted the local authority will decide where a child shall live and this can be with parents, relative, residential placement or foster care. this is based on the unique needs and circumstances of case.
What is a Supervision Order?
A supervision order is a legal order, obtained by the local authority through the court, which requires a child to be supervised by social services, while still living in the family home (or placed with a relative), to make sure that the child is well cared for. A Supervision Order imposes a duty on the local authority to ‘advise, assist and befriend’ the child. Supervision Orders are for a set period of usually 6 months or 12 months. It may be extended, if required.
A Supervision Order is essentially a framework designed to support the child and their family for a specific period. This type of order is deliberately limited in duration and scope, initially lasting no more than a year but it can be extended.
Need Legal Advice?
If you or your family need some legal advice in relation to care proceedings, social services, safeguarding, protection orders or parental rights, then please get in touch with our team of approachable and friendly family law specialists.
We are by your side every step of the way to ensure that you fully understand the process and that your feelings are heard and taken into account.
Call us on 03444 124 348, complete our enquiry form, or speak to our online chat – which is monitored 24/7 by a real person, not a chat bot!
We hope to provide you with some clarity and peace of mind when it comes to difficult situations involving your family.