Differences between a Supervision Order and a Care Order
Before answering this question, it is important to note what parental responsibility is and who has this.
What is Parental Responsibility?
Parental responsibility is the legal rights, duties, powers, responsibilities, and authority a parent has for a child and the child’s property.
Who has Parental Responsibility?
All mothers and most fathers have Parental Responsibility if they are named on the child’s birth certificate, married to the mother of the child, have entered into a Parental Responsibility Agreement or there is a Court Order confirming the father has Parental Responsibility.
What is a Supervision Order?
A Supervision Order imposes a duty on the local authority to ‘advise, assist and befriend’ the child and places the child temporarily under the supervision of the Local Authority until the court determines the final decision about what is best for the child.
Unlike a Care Order, a care plan is not required to implement a supervision order. However, the Local Authority will correspond with the child’s parents/carers and agree some form of supervision contract.
Also, unlike a care order, a Supervision Order does not confer Parental Responsibility to the Local Authority.
Who applies for a Supervision Order?
Only the Local Authority or NSPCC are able to apply for a Supervision Order.
What threshold has to be met in order for the court to apply for a supervision order?
For the court to make a Supervision Order they 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.
What is the duration of a Supervision Order?
This order can last for the duration of a year and may be extended yearly for a maximum of three years and can equally be discharged at an earlier date or if the child turns 18.
What is a Care Order?
A Care Order gives the Local Authority Parental Responsibility that can be exercised above that of other holders of parental responsibility as necessary to safeguard the welfare of the child.
Under a Care Order the Local Authority has a duty to do many things such as receive the child into its care for the duration of the Care Order, provide accommodation and maintenance for the child, safeguard and promote the child’s welfare and keep under review whether to apply to discharge the Care Order.
Under a Care Order the child can be placed either with their parents, relatives, in a residential placement or with foster parents.
Who applies for a care order?
Only the Local Authority or NSPCC are able to apply for a Care Order.
What threshold has to be met in order for the court to apply for a supervision order?
For the court to make a Care Order they 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.
Can a care order be discharged?
An application to discharge a Care Order can be made by the following people:
- Child
- Parent
- The local authority
- Any person with Parental Responsibility.
The person applying to discharge the Care Order must be able to demonstrate that there is a significant change in circumstances since the care order was granted, for example this may be that they have engaged in counselling, rehabilitation or removed themselves from those individuals the Local Authority has deemed to be risky.
Key differences between a Supervision Order and a Care Order
The key distinction between the two Orders is acquiring parental responsibility. Although neither Order removes your parental responsibility from the parents you, a care order gives the Local Authority Parental Responsibility that may ‘trump’ the parental responsibility held by others if it is in the best interests of the child.
Here at Mander Cruickshank Solicitors we endeavor to help parents understand the orders that may be being applied for in respect of your children. We can also advise in relation to the orders that have been made and can advise you of the ways in which you may be able to discharge either order.
Ria Carpenter
