When a local authority has concerns about the welfare of a child who may be at risk of harm or neglect, a Section 47 enquiry is launched.
Circumstances surrounding the welfare of your child can be an extremely stressful time for any parent. Being unprepared could result in matters spiralling out of control, especially when there are young children involved. Parents are encouraged to attend their meetings with a solicitor present who can guide them through the process and present their case to the Social Services.
If parents agree to cooperate with Social Services and put in place measures to ensure their child is safe and is well cared for, the local authority may decide that a Supervision Order is appropriate.
A Supervision Order enables the local authority to monitor the situation and maintain a degree of control over the child to ensure their wellbeing, without taking the child into care. A Supervision Order can be discharged following an application to the courts by either the parents or the child themselves.
A Supervision Order provides the Local Authority with the legal power to make a decision on behalf of a child, who they believe is neglected or at risk of serious harm. Such orders are public law orders which can only be enforced if the Local Authority can adequately prove that they believe a child is at risk from suffering or already suffering significant harm.
Local Authorities do not obtain Parental Responsibility via a Supervision Order and therefore the Local Authority would not be permitted to remove a child from his/her parents' care. Supervision Orders are usually supplemented with Care Plans which parents or guardians are legally obligated to follow.
Supervision orders are usually temporary and are made on an interim basis during court proceedings, or for a fixed length thereafter. They are usually made for 6 or 12 months, although they can be discharged or stopped earlier if the court, the social worker, or local authority deem it appropriate. At the end of the 6 or 12 months, supervision orders can be extended up to at least 3 years.
Prior to the expiration of a Supervision Order, the local authority would hold regular meetings with a parent or carer to consider whether the order needs to be extended or discharged. If it is decided that the supervision order no longer needs to be in place, the local authority would seek to apply to discharge the care order.
Parents may also submit an application to discharge a supervision order, but they must provide evidence that there have been significant changes in their child's circumstances since the initial order was made.
A care order is an order which places a child under the protection of social services. A care order or interim care order gives the local authority parental responsibility and the power to remove a child and place them into foster care.
If an interim care order is granted the local authority will share parental responsibility for the child along with the parents and will also play a major role when making decisions on behalf of the child. This would include where the child lives or which school they go to.
A court can only grant the local authority a care order or interim care order if they believe that:Our team of family lawyers are aware of the sensitivity and complexity involved in supervision and care orders. We understand that every individual requires different care and are here to support you.
Our highly experienced lawyers will guide and support you every step of the way to ensure that the best outcome is achieved with minimal disruption to your life.
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