It is important to consider Parental Responsibility (PR) when exploring Care Orders and Supervision Orders as this is a factor which the Courts must consider. Who has parental responsibility? Who needs to be informed about a child being subject to Care Proceedings and Social Services involvement?
Parental responsibility is a term that means you have the legal rights and duties relating to the upbringing of a child. Parental responsibility is defined in section 3(1) Children Act 1989 as being:
“all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property”.
Mothers automatically have parental responsibility. 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. This is not exhaustive and we refer you to What is ‘Parental Responsibility’? – Martyn Prowel Gartsides Solicitors (mpgsolicitors.co.uk) which explains in full detail.
What are the differences between a Care Order and a Supervision Order?
The key distinction between the two Orders is acquiring parental responsibility. A Care Order gives the Local Authority Parental Responsibility that may overrule the parental responsibility held by others if it is in the child’s best interests. A Supervision Order does not confer Parental Responsibility to the Local Authority. It must be noted that neither Order removes parental responsibility from any party who holds PR.
What is a Supervision Order?
A supervision order is a legal order, obtained by the local authority through the Court, and imposes a duty on the local authority to ‘advise, assist and befriend’ the child. A supervision order can last for one year and may be extended yearly to a total of three years. It will last until the child reaches the age of 18, unless discharged at an earlier date.
Unlike a Care Order, a supervision order does not require a care plan for its implementation. The local Authority will ordinarily agree some form of supervision such as a contract of expectations, with the child’s parents/carers.
Only a Local Authority or ‘authorised persons” can apply for a Supervision Order, such as the NSPCC. For a Supervision Order to be made, the Court must be satisfied that the subject 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 I discharge a Supervision Order?
The Local Authority will hold regular meetings and there will be a meeting around 8-12 weeks prior to the expiration of the Supervision Order. Consideration will be given as to whether the Supervision Order needs to be extended. If it is determined that the Supervision Order is no longer required and progress has been made which no longer places the child concerned at harm or risk of harm, the Supervision Order will effectively be discharged once the duration of the order has lapsed.
A parent, Local Authority or any person with Parental Responsibility, can make an application to the Court to discharge a Supervision Order. The applicant must demonstrate that there has been significant changes made since the Supervision Order was granted and evidence the same.
What is a Care Order?
Under the Children Act 1989, a Local Authority or NSPCC can apply for a Care Order if they believe a child is suffering or at risk of suffering significant harm. The Local Authority will make an application to the Court together with evidence that the threshold criteria have been met. The duty is on the Local Authority to show that the threshold criteria has been met under section 31 Children Act 1989.
For a Care Order to be made, the Court must be satisfied that threshold has been met and that the child concerned is “suffering, or is likely to 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/her, 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 beyond parental control.
If the Court grants the Care Order, the child is placed under the care of the Local Authority, who will be given parental responsibility and shares it with current parental responsibility holders, such as the child’s parents. The Local Authority may exercise parental responsibility beyond that of current parental responsibility holders, in order to protect a child’s welfare.
Under a Care Order the child can be placed either with their parents, relatives, in a residential placement or with foster parents.
When a Care Order has been made, the local authority have the following duties:
- 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
- Ascertain the wishes and feelings of the child, those with PR and anyone else relevant to the child and give consideration to those wishes and feelings before making decisions in respect of the child concerned;
- Keep under review whether to apply to discharge the care order;
- Make arrangements for the care plan to be reviewed by an Independent Reviewing Officer;
- Advise, befriend and assist the child with a view to promoting their welfare once they are no longer looked after.
There is a duty on the designated local authority under section 34 of the Children Act 1989 to provide the parent(s) and certain other persons, including those who have parental responsibility for the child, with a reasonable amount of contact. Contact will be considered in line with the welfare of the child concerned.
A Care Order can last until the subject child reaches the age of 18.
Can I discharge a Care Order?
A parent, Local Authority or any person with Parental Responsibility, can make an application to the Court to discharge a Care Order. Discharging a care order can be complex and requires a detailed assessment before considering an application. The Courts must be satisfied that there is a substantial change of circumstances, and the applicant must be able to demonstrate the same from agencies who have been working with you i.e therapist or GP.
Contact our Specialist Family Law Team at MPG Solicitors for expert advice.