Care and Supervision Orders
If Social Services have concerns about the care of your children they may make an application to the court for a Care or Supervision Order. If this happens it is important for you to find a solicitor straight away and we at Ashmans Solicitors are experts in this area of law.
What is a Care Order?
A Care Order is an Order which gives a Local Authority Parental Responsibility (PR) for a child. Obtaining this Order, does not automatically mean that the child is removed from his or her parents, though. The Local Authority will share Parental Responsibility with anyone else who also has it.
In the event of a disagreement, what the Local Authority wishes to happen will always take priority. The Local Authority can, for example, insist that a child lives away from the parent’s home.
Interim Care and Supervision Orders
An Interim Care Order is a temporary order, which lasts for a limited time or until the end of proceedings. It too gives Parental Responsibility to the Local Authority. This enables the Local Authority to make decisions on where your children will live on an interim basis. This could mean placing your child or children in foster care or with alternative family members. This move would give the Local Authority time to assess your parenting abilities and look into other aspects of your case.
Before the Court can grant an Interim Care Order or Interim Supervision Order, it must be satisfied that there are reasonable grounds to believe that your children have or will suffer significant harm, unless this type of Order is made to protect your children. Even then, the Court can only remove your children from your care if it is satisfied that your children’s safety requires their immediate separation from you.
What is a Supervision Order?
Unlike a Care Order, a Supervision Order does not give the Local Authority Parental Responsibility. However, it does enable a Local Authority to ‘befriend, advise and assist’ a child for a set period of time (up to 3 years on repeat application). The befriending remit usually involves a social worker making announced/unannounced visits to the residence where the child lives.
A Supervision Order enables the Local Authority to monitor the situation and maintain a degree of control over the child, to ensure their wellbeing.
Parents or the child can also apply to the court to have a Supervision Order discharged.
If Social Services make an application for a Care or Supervision Order for your children you will need to be represented and will qualify for Legal Aid.
Ashmans Solicitors Family Law Team advise those people who are seeking help with child care matters – including Care Orders and Supervision Orders. Please lose no time in getting in touch with us.