Supervision Orders

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 for the child and is made when there has been harm or a risk of harm evidenced within the care Proceedings, but not enough continuing harm to warrant a Care Order. In Lincolnshire, supervision orders are managed through our child in need process unless the need has been identified for a child protection plan, alongside the supervision order. Children subject to supervision orders should have a pattern of visiting and review commensurate with the recognition that the child has been and may continue to be at risk of significant harm.

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.

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.

• 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

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 Order 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.

An updated Danger Statement, Safety Goal and Scaling Question will be added to the Child and Family Progress Plan. This should set out clearly the evidenced harm at the time the Supervision Order was granted and the impact this harm was having on the child. This will assist with the assessment and scaling of the progress being made and the safety being developed during the duration of the Supervision Order. Danger statements should be discussed at each meeting and should shape the plans for each visit to the family and any direct work undertaken.

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. However, at any point throughout the duration of the Supervision Order if the concerns are deemed to be so significant that maintaining the child at home cannot be achieved safely, urgent legal advice should be sought by the social work team, with a view of returning the matter to Court.

In some situations, an Interim Supervision Order may be made where a child is already the subject of a Child Protection Plan. The LCPP 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. The presumption is that the oversight of the court and the making of the Interim Supervision Order will meet the circumstances defined in the Lincolnshire Safeguarding Children’s procedures for a child protection plan to be ended. Please refer to the [Child Protection Review Conferences procedure]

Please refer to the Managing Child Protection Plans in the Context of Interim Supervision Orders (ISO) Guidance.

Appendix 1: The Review of a Supervision Order Flowchart.