If you have found yourself in care proceedings in relation to your child, the court will ultimately decide whether to make any public law orders. The most common orders which are made in care proceedings are Care Orders, and Supervision Orders. The differences between the two orders are detailed below:
What is a Care Order?
A Care Order is an order placing a child in the care of a designated Local Authority. The designated Local Authority has a duty to receive and keep the child in its care while the order remains in force. This means the Local Authority can implement the care plan, approved by the Court, which often involves the child living outside the family home, often in foster care.
Whilst under a Care Order, the Local Authority will share parental responsibility for the child. If you have parental responsibility for the child, this will be retained. However, if the Local Authority is satisfied that it is necessary to safeguard or promote the child’s welfare, it has the power to determine the extent to which those who hold parental responsibility may exercise their parental responsibility for a child.
What is a Supervision Order?
A Supervision Order is an order putting a child under the supervision of a designated Local Authority. The supervising Local Authority has a duty to advise, assist and befriend the supervised child and take steps to give effect to the order. A Supervision Order does not give the Local Authority parental responsibility and the child cannot be removed by the Local Authority from those with parental responsibility at the time the application was ordered. Where there is a Supervision Order in place, it is likely that the subject child will remain in the care of their parents. A Supervision Order is considered the less intrusive order as Local Authority involvement will be less intensive.
The court will consider the facts of the case and make the order it feels is necessary to safeguard the child from any further risk of harm.
