Supervision Order in UK Law

Leading Cases
  • Re A (Supervision Order: Extension)
    • Court of Appeal (Civil Division)
    • 10 Nov 1994

    There is no direct guidance in the Act on the criteria to be applied on the hearing of an extension application. One has to stand back and look at the purpose of the extension of the supervision order. In previous legislation the supervision order might run for a period up to 3 years. The effect is to give the court the power to grant extensions after one year but not exceeding 3 years.

    If s31 was to be imported into an application to extend an existing supervision order there would be no purpose to the specific provision in schedule 3 Part II paragraph 6. At the expiry of the one year period the local authority or other supervisor would be required to make a fresh application under s31.

  • Re O (Supervision Order)
    • Court of Appeal (Civil Division)
    • 15 Jan 2001

    Secondly, it gives the local authority parental responsibility for the child coupled with the power to control the parents' exercise of that responsibility. Again, the care plan does not suggest that the local authority wish to exercise parental responsibility or control the parents' exercise of it. This is not indicative of the suggestion that the local authority need to be in a position to arrange that for him.

    It will be the duty of everyone to ensure that, in those cases where a supervision order is proportionate as a response to the risk presented, a supervision order can be made to work, as indeed the framers of the Children Act always hoped that it would be made to work. The local authorities must deliver the services that are needed and must secure that other agencies, including the health service, also plays their part, and the parents must co-operate fully.

  • Re T (A Minor) (Care or Supervision Order)
    • Court of Appeal (Civil Division)
    • 21 Jun 1993

    The nature of a Supervision Order is to help and assist a child where the parents have full responsibility for the care and upbringing. It does not involve any statutory level of monitoring and it does not give the local authority parental responsibility. Any conditions attached to a Supervision Order cannot in themselves be enforced by the Court.

  • Re P (Placement Orders: Parental Consent)
    • Court of Appeal (Civil Division)
    • 20 May 2008

    A child's circumstances may “require” statutory intervention, perhaps may even “require” the indefinite or long-term removal of the child from the family and his or her placement with strangers, but that is not to say that the same circumstances will necessarily “require” that the child be adopted.

  • Osenton (Charles) & Company v Johnston
    • House of Lords
    • 09 May 1941

    In other words, appellate authorities ought not to reverse the Order merely because they would themselves have exercised the original discretion, had it attached to them, in a different way. But if the appellate tribunal reaches the clear conclusion that there has been a wrongful exercise of discretion in that no weight, or no sufficient weight, has been given to relevant considerations such as those urged before us by the Appellant, then the reversal of the Order on appeal may be justified.

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Legislation
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Books & Journal Articles
  • Improving multidisciplinary clinical discussion on an inpatient mental health ward
    • Nbr. 21-2, June 2016
    • Mental Health Review Journal
    • 107-118
    Purpose: – Multidisciplinary team (MDT) clinical supervision is being used in many mental health services but at present has not received adequate attention by researchers in order to generate evid...
    ...... butat present hasnot received adequate attent ion by researche rs in order to generateevidence-based approa ches. The purposeof this paperis to ... the utilityand staff perspectivesof an MDT modelof clinical supervisionin the form of a “ ClinicalDiscussion Group ” (CDG)on an acuteinpatient ......
  • Unification in financial sector supervision: The trade‐off between central bank and single authority
    • Nbr. 12-2, June 2004
    • Journal of Financial Regulation and Compliance
    • 151-169
    The objective of this work is to analyse worldwide trends in financial supervision architectures. The focus is on the key issue in the debate – the single supervisor versus multiauthority model – i...
    ......order to build up indexes of supervision unification, essential to perform studies on the causes and effects of various supervisory regimes. First, the ......
  • Principles of effective regulation and supervision of banks
    • Nbr. 6-4, April 1998
    • Journal of Financial Regulation and Compliance
    • 312-319
    The FSA will become the most powerful financial regulator in the world as a single agency responsible for the regulation and supervision of the full range of financial services. While questions of ...
    ...... While ques- tions of institutional structure raise important issues, they are of second-order importance com- pared with the general approach, style and intensity of regulation and supervision that reg- ulators apply. The ......
  • ‘Too big to fail’: Effects on competition and implications for banking supervision
    • Nbr. 9-4, April 2001
    • Journal of Financial Regulation and Compliance
    • 361-372
    Despite a raft of important qualitative reservations and at best poor empirical evidence, the argument that, in case of business problems, large banks are more likely to be bailed out by government...
    ...... Sui- table institutional arrangements need to be cre- ated in order to deal with large banks in case of a, potentially systemic, crisis. With banking becoming increasingly global and the ......
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Law Firm Commentaries
  • FCA warns firms on use of social media to promote financial products
    • JD Supra United Kingdom
    The UK financial services regulator, the Financial Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial promoti...
    ...... Conduct Authority (FCA), has launched a guidance consultation in order to clarify and confirm its approach to the supervision of financial ......
  • Transforming Culture in Financial Services - The FCA Renews Its Approach
    • JD Supra United Kingdom
    New FCA Discussion Paper demonstrates how the regulator’s thinking in relation to culture has evolved. Introduction - In Discussion Paper (DP) 18/2, the FCA has taken an unus...
    ...... has collated a series of essays (28 of them, covering 85 pages) in order to stimulate further debate within the industry on the importance of cul ... section of DP18/2, Jonathan Davidson, FCA Director of Supervision, pulls together the key t hemes and sets them out along with the FCA’s ......
  • FCA's Competition Law Concurrency Guidance
    • JD Supra United Kingdom
    Since 1 April 2015, the UK financial services community has awaited with some trepidation the use by the FCA of its new "concurrent competition law powers". These enable the FCA to invest...
    ...... about how particular markets are functioning for consumers. In order to regulate the way in which they go about their concurrent functions, the ... the important changes that will be made imminently to the Supervision Manual of the FCA Handbook. FCA Handbook changes: disclosure ......
  • A New Financial Supervisory Framework for Europe
    • Mondaq United Kingdom
    ...... former governor of France's Central Bank, to reform financial supervision in order to help prevent another recession. The reform package, ......
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