Supervision orders are a significant part of the family justice system in the UK, primarily used to ensure the safety and welfare of children at risk of harm.
These orders are issued by the courts to place children under the supervision of a local authority or other designated bodies while allowing them to remain in their homes. They are put in place to place a duty on the Local Authority to ‘advise, befriend and assist’ the child which is its subject. Supervision orders can be issued in cases where children are found to be at risk of harm, neglect, or abuse, but where removal from the home is deemed unnecessary or inappropriate. They can also be used in cases where children have been placed in a family or friend’s care permanently under a Special Guardianship Order, perhaps to help that family or friend navigate contact between that child and their parent, or to monitor how the child settles into its new home.
The intention behind these orders is to provide a balance between protecting the child and preserving family unity. However, questions remain as to whether supervision orders effectively serve their purpose, particularly with regard to safeguarding children and supporting families. This review will explore the effectiveness of supervision orders, their intended purpose, the challenges faced in their implementation, and whether they are adequately serving the needs of children within the family justice system.
The Purpose of Supervision Orders
Supervision orders are governed by the Children Act 1989, which seeks to promote the welfare of children and secure their safety. The Act stipulates that the primary concern in any decision about a child’s welfare is the child’s best interests. Supervision orders are intended to allow children to remain at home or within their family while providing support and monitoring from local authorities. In some cases, supervision orders are a way to avoid the disruption caused by removing a child from their home, particularly when parents are deemed capable of improving their parenting but require further intervention and assistance.
Supervision orders tend to be made at the end of public law proceedings (otherwise known as care proceedings) to ensure the child is being cared for adequately wherever they have been placed once the court involvement steps away. It is meant to be used to ensure both the child, and the parents/special guardian have the support they need for the placement to continue successfully. They can also be made on an interim basis, and are known as Interim Supervision Order, for the duration of public law proceedings instead of an Interim Care Order. Interim Supervision Orders are typically used instead of Interim Care Orders (ICO) when the court believes that a child can remain safely at home, but the local authority’s intervention and monitoring are still necessary for the child’s welfare. They are a less intrusive option than Interim Care Orders and are often used in the early stages of proceedings when the court is gathering information and assessing the situation.
Supervision orders can vary in length, ranging from a few months to a year, if a Local Authority wishes for a supervision order to be extended beyond a year, they need permission from the court. They typically require a child to be visited regularly by social workers, who monitor the child’s welfare and the conditions in the home. The social worker may provide advice, support, and direct interventions aimed at improving the safety and stability of the family environment. There should also be supervision order meetings which take place every 8-12 weeks so that consideration can be given as to whether the supervision order can be discharged or whether it needs to be extended.
Legislative Framework and Guidelines
The Children Act 1989 is the primary legislation governing child protection in the UK, and it provides the legal framework for supervision orders. According to section 31 of the Act, a court can make a supervision order if it finds that a child is suffering, or likely to suffer, significant harm, but that a care order is unnecessary. The local authority or designated body becomes responsible for supervising the child, ensuring the provision of services to the family, and monitoring the child’s safety and welfare.
Guidance on the implementation of supervision orders is set out in various statutory frameworks, including the Working Together to Safeguard Children guidance, which provides advice on the roles and responsibilities of local authorities, social workers, and other agencies involved in child protection. The guidelines emphasise the importance of early intervention and collaboration between agencies to ensure effective supervision and safeguarding.
Effectiveness in Safeguarding Children – the benefits of a supervision order
Supervision orders can have several positive aspects, particularly for children and families who are facing challenges but where removal from the home is not necessary. Some of the key benefits include:
- Support for the Family: Supervision orders allow children to remain at home while providing support and guidance to the family. This can help address concerns and improve the child’s safety and well-being while avoiding the trauma and disruption of being placed a placement away from their parents.
- Tailored Help: The local authority can work with the family to develop a plan that addresses specific needs, such as improving parenting skills, addressing any mental health or substance abuse issues, or providing educational support. This can lead to positive outcomes for both the child and the parents.
- Child’s Best Interests: It is a starting point for courts that it is in a child’s best interests to remain with their parents/have a meaningful relationship with their parents, it also allows a child to remain in their home environment, supporting their emotional and psychological well-being by maintaining stability. Trying everything to achieve that,helps avoid the disruption and potential harm caused by moving the child out of their home unless absolutely necessary.
- Early Intervention: Supervision orders can provide early intervention, preventing issues from escalating into more serious problems. By working with the family proactively, it may be possible to resolve difficulties before they lead to more severe child protection concerns.
- Monitor and Review Progress: The supervision order should include regular monitoring by social workers, ensuring that progress is made in improving the child’s situation, this should then be fed back to parents in a collaborative way within the meetings throughout the period the order is in place for. The court may also review the case periodically to ensure that the order is still appropriate and that the child’s needs are being met.
- Parental Involvement: The parents remain involved in the process and decision-making, which can promote a sense of empowerment and ownership in improving the situation for their child.
It should be made clear that the success of a supervision order relies on the cooperation of the parents and wider family network, it also required a certain level of resources from the Local Authority. A study by the Nuffield Foundation (2014) found that well-managed supervision orders could improve outcomes for children, especially when parents were actively engaged in the process. However, in cases where local authorities were overstretched, there was evidence that supervision orders were less effective in providing consistent oversight or support. This can lead to situations where children remain at risk, despite the intention of the supervision order to provide safeguards.
Challenges in the Implementation of Supervision Orders
Despite the clear intention behind supervision orders, there are several disadvantages to a supervision order, mainly caused by challenges they face. Unless stopped, they risk undermining the effectiveness of supervision orders and will ultimately raise the question of whether they truly protect children.
- Resource Limitations: One of the most significant challenges is the shortage of resources within local authorities. Over the past decade, local authorities have faced significant budget cuts, which have affected their ability to provide the necessary support services for families subject to supervision orders, examples of these are parenting programs, mental health support, and substance abuse treatment. A report by the Children’s Commissioner for England (2020) highlighted the lack of adequate support for families under supervision orders, noting that many parents do not receive the practical help they need to improve their parenting or to address their personal challenges. This can result in continued neglect or harm to the child, even under supervision, as parents may not be able to make the required changes without access to appropriate resources.
- Workload Pressures on Social Workers: Social workers are often responsible for managing a wide range of cases, and in many instances, the demands of their workload can result in supervision orders being poorly managed. In some cases, social workers are unable to visit families as frequently as required, or they may lack the time to engage meaningfully with parents to address the issues that led to the supervision order in the first place. As noted in the Social Work England report (2021), a high turnover of social workers and the difficulty of retaining experienced staff have exacerbated these challenges.
- Parental Non-Cooperation: The success of supervision orders depends on the cooperation of parents. However, some parents may be resistant to intervention or unwilling to engage with the social services support provided. This non-cooperation can hinder the effectiveness of the supervision order, as it may prevent the implementation of necessary changes within the family dynamic. In cases where parents do not work with the local authority to improve the child’s living conditions, the child may remain at risk despite the presence of a supervision order.
- Lack of Clear Outcome Measures: Another challenge is the lack of clear and consistent outcome measures for supervision orders. Without clear indicators of success or failure, it can be difficult to assess whether supervision orders are achieving their intended outcomes. This makes it challenging to evaluate the effectiveness of supervision orders and to make necessary improvements to the system.
- Variation in Local Authority Performance: There is considerable variation in the performance of local authorities in implementing supervision orders, which can result in inconsistencies in the protection provided to children. While some local authorities may be able to deliver high-quality interventions and monitoring, others may struggle to meet the minimum standards required for effective child protection. This disparity can be influenced by factors such as regional funding disparities, differences in local management, and varying levels of staff training and expertise.
The Children’s Commissioner’s 2023 report on child protection identified that some areas of the country are more effective at protecting children than others, with some local authorities failing to meet the basic standards of care and oversight. This suggests that the system as a whole may not be sufficiently uniform or equitable in its approach to safeguarding children under supervision orders.
Alternatives and Solutions
Given the concerns surrounding supervision orders, it is important to explore alternatives and potential solutions to improve their effectiveness. A more holistic approach that addresses the underlying causes of family difficulties, rather than just monitoring the child’s safety, may help to reduce the need for repeated or extended supervision orders.
- Improved Inter-Agency and Inter-Authority Collaboration: Effective safeguarding requires collaboration between different agencies, including health services, education, and mental health professionals. A more integrated approach to child welfare, where different services work together, can lead to better outcomes for children and families under supervision orders. A system which creates a uniform practice and implementation for all local authorities would assist in ensuring the support and monitoring remains for families who made move to a different area during the order period.
- Increased Investment in Family Support Services: Ensuring that families have access to the support they need, such as parenting classes, mental health support, and addiction services, is essential for the success of supervision orders. Increased funding for these services would improve the chances of families making the changes necessary to keep children safe.
- Regular Review and Evaluation of Supervision Orders: It is crucial to regularly assess the effectiveness of supervision orders to ensure that children’s needs are being met. This should include the collection of data on outcomes and the effectiveness of interventions, which can help to inform practice and policy.
- Reducing Social Worker Caseloads: To enable social workers to provide meaningful interventions, caseloads should be reduced, allowing them to spend more time with each family and conduct more thorough assessments.
Conclusion
Supervision orders play an important role in the family justice system in the UK, providing a mechanism to safeguard children while allowing families to remain together. However, the effectiveness of these orders is undermined by several challenges, including Inconsistent implementation, insufficient resources, overburdened social workers, and variations in local authority performance. While supervision orders have the potential to be effective when properly managed, the system as a whole often struggles to meet the needs of vulnerable children due to the systemic constraints faced by local authorities and social workers.
To improve the effectiveness of supervision orders, it is essential to address the resource challenges faced by local authorities, reduce social worker caseloads by creating more social worker roles, and ensure consistent monitoring and follow-up in line with the legislative framework and guidance. Furthermore, clearer outcome measures are needed to assess the success of supervision orders and to ensure that children’s safety and welfare are being adequately protected. Only by addressing these challenges can the family justice system in the UK better serve its intended purpose of protecting children within the family environment.
At Stephens Scown our Family Law team recognise the challenges that parents and family members face when their child is subject to a supervision order, so if you are ever concerned about how it is going or wish for some advice about challenging it, we would be happy to help.