Supervision Order in UK Law

Leading Cases
  • Re A (Supervision Order: Extension)
    • Court of Appeal (Civil Division)
    • 10 Noviembre 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 Enero 2001

    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 M and R (Child Abuse: Evidence)
    • Court of Appeal (Civil Division)
    • 21 Mayo 1996

    If there is a dispute as to whether the child has suffered or is at risk of suffering harm the task of the judge, when considering whether to make any order whether it be a care or supervision order under Section 31 or a Section 8 order, must be to resolve that dispute.

  • Re T (A Minor) (Care or Supervision Order)
    • Court of Appeal (Civil Division)
    • 21 Junio 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 Mayo 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.

  • B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
    • House of Lords
    • 11 Junio 2008

    The threshold is there to protect both the children and their parents from unjustified intervention in their lives. It would provide no protection at all if it could be established on the basis of unsubstantiated suspicions: that is, where a judge cannot say that there is no real possibility that abuse took place, so concludes that there is a real possibility that it did. In other words, the alleged perpetrator would have to prove that it did not.

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Legislation
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Books & Journal Articles
  • Casework and the Money Payment Supervision Order
    • No. 12-1, March 1966
    • Probation Journal
  • Does the “last chance” sentence work? Ten years of failures and successes under a juvenile intermediate sanction in Canada
    • No. 20-5, December 2018
    • Punishment & Society
    Deferred custody and supervision order, an intermediate sanction which came into effect in 2003, had never been the subject of a scientific study. In the absence of research data, judges would give...
    ... ... Abstract Deferred custody and supervision order, an intermediate sanction which came into ... ...
  • Community sentencing works? I'm living proof!
    • No. 15-1, January 2019
    • British Journal of Community Justice
    • Kim McGuigan
    • 31-38
    Five years ago, Kim was expecting a jail sentence in Scotland. Instead, she was given a two-year supervision order. The judge’s decision to give Kim a ‘final chance’ was the first step towards what...
    ... ... Instead, she was given a two-year supervision order. The judge’s decision to give Kim a ‘final chance’ was the ... ...
  • Curfew Orders: The Arguments For
    • No. 30-4, December 1983
    • Probation Journal
    A legal analysis of the new Night Restriction Order, the policy intentions, the potential advantages and the implications for Supervision.
    ... ... ’ Court A legal analysis of the new Night Restriction Order, the policy intentions, the potential advantages and the ons for Supervision. It has been suggested in some quarters that the Criminal Justice ... ...
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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 ... ...
  • Supervision Orders: Recommendations To Achieve Best Practice By The Public Law Working Group
    • Mondaq UK
    ...The Public Law Working Group's supervision order sub-group ... was established to consider how supervision orders could be made ... more robust and effective. Their final report was published in ... ...
  • Parental Alienation: A Robust Response
    • Mondaq UK
    ... ... other things, a child arrangements order ... Briefly, the history of the case was as follows ... The parents were ... for a care or supervision order to be made) ... These reports painted a very disturbing picture of ... ...
  • 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 unusual approach to ...
    ... ... collated a series of essays (28 of them, covering 85 pages) in order to stimulate further debate within the ... industry on the ... Davidson, FCA Director of Supervision, pulls together the key themes and sets them out along with the ... ...
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Forms
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