Children Act 1989 Sch.3 para.2 – Power of supervisor to give directions to supervised child

2 (1) A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things—

(a) to live at a place or places specified in the directions for a period or periods so specified;

(b) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified;

(2) It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives.

(3) Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).

Definitions used in Schedule 3, paragraph 2 4

a supervision order: “a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.
Defined in s.31(11) · see it in the full Act
supervision order: “supervision order” has the meaning given by section 31(11);
Defined in s.105(1) · see it in the full Act
supervised child: “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;
Defined in s.105(1) · see it in the full Act
supervisor: “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;
Defined in s.105(1) · see it in the full Act

Cases considering Schedule 3, paragraph 2 3

C (Children)

[2018] EWCA Civ 900 · 7 March 2018

Confirms that a supervision order may authorise directions requiring a supervised child to live at a specified place for a specified period. This possibility demonstrates why section 105(6)(b) refers to requirements rather than to supervision orders generally (see paras [4]-[5]). Confirms that directions may require a supervised child to live at a specified place for a specified period. No such direction appeared in the supervision order in this case, so the disregard in section 105(6)(b) was not engaged (see paras [5], [9]).

JW (Child at Home under Care Order)

[2023] EWCA Civ 944 · 4 August 2023Defines

A supervision order may require the child to comply with directions given by the supervising officer (see para [16]).

SN, PN and CN, R (on the application of) v London Borough of Enfield London Borough of Haringey

[2019] EWHC 793 (Admin) · 29 March 2019Limits

The court noted that paragraph 2 did not prevent the provision of support to a child notwithstanding the immigration-related restriction. (see para [19])

What each judgment says about Schedule 3, paragraph 2 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

I133Sch. 3 Pt. I para. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)