Care Orders vs Supervision Orders: Key Differences Explained

Understanding the Orders

Care orders and supervision orders are both made under Section 31 of the Children Act 1989. Both require the same threshold to be met (the child is suffering, or is likely to suffer, significant harm attributable to the care given). However, they have very different effects.

Care Orders

What a Care Order Does

• Gives the local authority parental responsibility for the child
• Parental responsibility is shared with the parents, but the local authority can limit how parents exercise their PR
• The child becomes a "looked after child"
• The local authority decides where the child lives

Duration

A care order lasts until the child is 18, unless it's discharged earlier by the court.

Where the Child Lives

The child may live:

• With foster carers
• In a residential home
• With family members (as connected carers)
• At home with parents (placement with parents)

Supervision Orders

What a Supervision Order Does

• Places the child under the supervision of the local authority
• The local authority must advise, assist, and befriend the child
• Does NOT give the local authority parental responsibility
• Parents retain full parental responsibility
• The child lives at home

Duration

A supervision order lasts for up to 12 months initially. It can be extended for up to 3 years total, but each extension must be applied for before the current order expires.

Requirements

A supervision order can include requirements for:

• The child to live at a specified place
• The child to participate in specified activities
• The responsible person to take steps (with their consent)

Key Differences

Parental Responsibility

• Care order: Local authority acquires PR and can limit how parents exercise theirs
• Supervision order: Local authority does NOT acquire PR; parents retain full PR

Where the Child Lives

• Care order: Local authority decides; child may be placed away from parents
• Supervision order: Child lives at home; local authority cannot remove without court order

Power to Remove

• Care order: Local authority can remove the child from parents without returning to court
• Supervision order: To remove the child, the local authority must apply for a different order (EPO, ICO, or care order)

Duration

• Care order: Until age 18 (unless discharged)
• Supervision order: Maximum 3 years (requires extension applications)

When Each Order is Appropriate

Care Order May Be Appropriate When

• The child needs to live away from parents
• Long-term alternative placement is needed (foster care, adoption)
• The local authority needs parental responsibility to make decisions
• Parents are unable to protect the child adequately
• The child needs the security of the local authority having legal control

Supervision Order May Be Appropriate When

• The child can safely remain at home with support
• Parents are working with the local authority
• Time-limited oversight is needed to ensure safety
• A care order would be disproportionate
• The child's placement at home can be sustained with monitoring

Care Order with Placement at Home

Sometimes a care order is made even when the plan is for the child to live at home. This might happen when:

• There's a history of non-engagement with services
• The local authority needs the power to remove quickly if concerns escalate
• A supervision order has been tried and hasn't worked

However, courts are increasingly reluctant to make care orders for children living at home, as this can be seen as disproportionate interference with family life.

The Proportionality Question

The court must make the order that is proportionate to the level of intervention needed. The "no order" principle applies—if no order is needed, none should be made. The order made should be the minimum necessary to protect the child.

This means the court will consider:

• Is an order necessary at all?
• If so, is a supervision order sufficient?
• Is a care order necessary, or is it more than what's needed?

What Happens When Orders Expire or End

Supervision Order Expires

When a supervision order expires, the local authority's supervision duty ends. Options include:

• No further order needed
• Apply to extend the supervision order
• Apply for a care order if concerns have escalated

Discharging a Care Order

To end a care order before the child is 18, an application to discharge must be made to the court. The child, local authority, or any person with parental responsibility can apply.

Practical Implications

For Social Workers with a Supervision Order

• Limited legal powers—parents can refuse access
• Must work in partnership
• Cannot remove the child without returning to court
• Need to monitor that the order's requirements are met

For Social Workers with a Care Order

• Legal authority over the child's placement
• Can make decisions in the child's interests
• Still must work with parents where possible
• Ongoing responsibilities as corporate parent

Conclusion

Care orders and supervision orders serve different purposes. Care orders give the local authority parental responsibility and control over where the child lives. Supervision orders keep the child at home with oversight but without transferring parental responsibility. Understanding these differences is essential for recommending the right order and for working within its framework once made.