Family law guide
Part of: Interim and Final Care Orders: What Happens and How to Protect Your Position
A supervision order is a family court order that places your child under the supervision of the local authority, usually for one year. Your child is not taken into care, and you keep parental responsibility. Social services tend to ask for one when they are worried about a child but think the family can make the changes needed with support. Our specialists in care proceedings can assist and advise parents and relatives at each stage. This page covers the law in England and Wales.
Reviewed by: Hannah Overton, Complex Children Specialist & Client Support, Kabir Family Law
It is one of two orders a local authority can ask for under section 31 of the Children Act 1989. The other is a care order. Both start from the same test. The court must be satisfied that your child is suffering, or is likely to suffer, significant harm. That harm must come from the care your child receives, or from your child being beyond parental control.

The local authority named in the order becomes the supervisor. Its legal duty is to “advise, assist and befriend” your child, and to take the steps needed to make the order work (s.35(1)). The court cannot make one for a child aged 17 or over, or 16 or over if the child is married (s.31(3)).
Most families are already known to children’s services before any court application. Your child may have had a child in need plan or a child protection plan, often after a social services investigation or a child protection conference.
Cafcass explains the choice. A local authority asks for this order, rather than a care order, when it thinks the risks are not yet serious enough for that step. It also believes you can make the changes needed and keep them up. Even so, it wants a court order because it thinks you need one to work with it fully.
Before it applies, the local authority should test other ways of supporting you first. The court, too, will only make an order if that is better for your child than making no order at all (s.1(5)). Harm has a wide meaning here. For example, it includes damage to a child’s health or development from seeing or hearing someone else being ill-treated (s.31(9)).
The two orders a court can make on a local authority application look alike on paper, but they work very differently. This comparison shows the main points. How each one applies depends on the facts of your family’s case.
| Point to compare | Under supervision | Under a care order |
|---|---|---|
| Parental responsibility | You keep it. The local authority does not gain it. | The local authority shares it and can limit how you use yours (s.33(3)). |
| Where your child lives | Usually at home with you or your wider family. The supervisor can direct where your child lives for a set period (Schedule 3, para 2). | The local authority must receive your child into its care (s.33(1)). |
| Looked after status | Not looked after, unless the council also provides accommodation (s.22(1)). | Looked after, because your child is in its care (s.22(1)). |
| How long it lasts | One year, which the court can extend up to three years in total. | Until your child turns 18, unless it ends sooner (s.91(12)). |
| Who can ask to end it | Anyone with parental responsibility, your child or the supervisor (s.39(2)). | Anyone with parental responsibility, your child or the local authority (s.39(1)). |
If your child already has a care order, you can ask the court to swap it for supervision without proving the harm test again (s.39(4) and (5)). Our guide to ending a care order explains that route.
Unless there is an emergency, the case follows the Public Law Outline. These are the usual stages, although every case moves at its own pace.
Cases can run for 26 weeks or longer, so the court can make a temporary order while the case is adjourned (s.38(1)). This temporary order needs a lower test than a final one. The court only has to find reasonable grounds for believing that the harm test is met (s.38(2)).
It can also follow a section 37 direction. That is where a judge in other family proceedings asks the local authority to look into a child’s circumstances (s.38(1)(b)). If the court decides during the case that your child should live with a particular person, such as a relative, it must also make a temporary supervision order. The only exception is where it is satisfied your child’s welfare will be properly safeguarded without one (s.38(3)).
The court can add directions about assessing your child. However, a child old enough to make an informed decision can refuse an examination (s.38(6)). The temporary order lasts for the period it states, and ends at the latest when the court decides the application. After a section 37 direction with no application made, it ends after eight weeks, or at the end of any other period the court set (s.38(4)).
Day to day, the supervisor decides whether to give directions, and in what form (Schedule 3, para 2). The Act allows directions that require your child to:
The order can also place some duties on you, but only if you agree. These can include taking reasonable steps to help your child follow the directions, and going to activities yourself (para 3). Medical and psychiatric examinations and treatment follow stricter rules. They sit outside the supervisor’s general directions. Only the court can write them into the order, and a child with enough understanding must consent (paras 2(3), 4 and 5).
Practice guidance from the judiciary’s Public Law Working Group goes further. It says a court should only make a supervision order once it has approved a support plan. That plan should set out the support and resources the local authority will give your family. Ask to see it early, because it is the document you will live with for the next year.
The order ends one year after the day the court makes it, unless the court extends it (Schedule 3, para 6). The supervisor can ask for an extension, and there can be more than one. Still, the order can never run past three years from the day it began. It can also end sooner:
Once the court has decided an application to end the order, another one within six months needs its permission (s.91(15)). So think ahead about what support your family will need when the year is up, and raise it before the final hearing.
Tick what is already true for your family. It shows where you stand today, so you can spot the gaps worth raising with a specialist.
There is no score. Anything you cannot tick yet is worth raising with a specialist before the next step.
These turn on the facts of your case, and they are far easier to get right early than to put right later.
Book a free initial consultation
One of our specialists will give you initial advice on your situation.
Our family law specialists assist and advise parents, grandparents and other relatives when a local authority goes to court about a child. We can explain the local authority’s concerns and the harm test, help you prepare for each hearing, and talk you through the options open to the court.
Where the court has already made the order, we can advise on what it asks of you and how to raise concerns about the support you receive. We can also advise on whether asking the court to change or end it makes sense.
A free initial consultation is a conversation with a specialist, who gives you initial advice tailored to your circumstances. It does not include drafting or reviewing documents. It helps to have any letters from the local authority and the court to hand.
Not usually. In England, the Children Act 1989 treats a child as looked after when they are in the local authority’s care under a care order, or when the council provides them with accommodation (s.22(1)). Welsh law uses the same test. This order does neither, so your child is not looked after unless the council also accommodates them. You also keep parental responsibility, which the local authority does not gain.
The Children Act 1989 does not fix a number. The order can require your child to let the supervisor visit where they live. If your child lives with you, you must allow the supervisor reasonable contact (Schedule 3, para 8). The plan the local authority draws up with you should explain how it will support and monitor your family, so ask how often visits will happen.
Yes. Anyone with parental responsibility, your child or the supervisor can ask the court to vary or discharge it (Children Act 1989, s.39(2)). Once the court has decided an application to discharge it, a further one within six months needs the court’s permission (s.91(15)). The supervisor must also consider going back to court if they think the order may no longer be necessary (s.35(1)(c)).
No. The local authority must satisfy the court that the harm test is met, and the court decides which order, if any, is right for your child (s.31(2) and s.1(5)). You can agree some points and dispute others. However, the court can make a care order even when the application was only for supervision (s.31(5)), so take advice before you decide your position.
Usually, yes. In these cases the court must appoint an officer from Cafcass, or a Welsh family proceedings officer in Wales, for your child. The only exception is where the court is satisfied this is not necessary to safeguard your child’s interests (Children Act 1989, s.41). The guardian’s duty is to safeguard your child’s interests throughout the case. Our page on the children’s guardian explains their role.
Tell the supervisor straight away. The order can require your child to keep the supervisor informed of any change of address, and anyone with parental responsibility must give the child’s address if asked (Schedule 3, para 8). A local authority can only act as supervisor if it agrees or your child lives in its area (para 9), so a move can affect who supervises.
What you agree to now shapes the plan your family will live with for the next year. The court can also make a care order even when the local authority asked only for supervision. Book a free initial consultation and one of our specialists will give you initial advice on your options. You can also read our guide to section 47 enquiries.
A common mistake is agreeing to supervision because it sounds like the mild option. It can be the right outcome, but the detail decides how the next year feels. Before the final hearing, ask for the written support plan. Make sure it says how often the supervisor will visit, what help you will get, and what happens if things slip. A vague plan leaves you guessing, and a missed direction can bring the local authority back to court.
Iblal Iqbal, Partner & Family Law Strategist
8 of 41 guides — scroll sideways for more
Section 37 Report
Section 47 Report Explained: What Happens During Section 47 Enquiries?
Placement Orders
Parental Alienation & Alienating Behaviours
Narcissistic Parental Alienation
Practice Direction 12J: Your Complete Guide to Domestic Abuse Protection in Family Court
Clare’s Law & Domestic Violence Disclosure Scheme
Temporary Child Custody
Short videos from the Kabir Family Law team, explaining family law in plain English.
We are a team of legally trained family law and divorce specialists with years of experience across all areas of family law. We are not part of a firm of solicitors, do not undertake legal reserved activities unless permitted and are therefore entirely independent. Please subscribe to our mailing list.
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