Children Act 1989, Schedule 3, paragraph 3

Imposition of obligations on responsible person

SCHEDULE 3 Supervision Orders

3 (1) With the consent of any responsible person, a supervision order may include a requirement—

(a) that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2;

(b) that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5;

(c) that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified.

(2) A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him.

(3) A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.

Definitions used in Schedule 3, paragraph 3 8

responsible person

“responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

Defined in s.105(1) · see it in the full Act
the responsible person

1 In this Schedule, “the responsible person”, in relation to a supervised child, means—

(a) any person who has parental responsibility for the child; and

(b) any other person with whom the child is living.

Defined in Sch.3 para.1 · see it in the full Act
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
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act

Cases considering Schedule 3, paragraph 3 4

JW (Child at Home under Care Order)

[2023] EWCA Civ 944 · 4 August 2023Defines

With the responsible person’s consent, a supervision order may include requirements that the person comply with directions or other requirements (see para [16]).

C (Children)

[2018] EWCA Civ 900 · 7 March 2018

Confirms that, with the responsible person’s consent, a supervision order may impose obligations connected with compliance with directions and specified activities. It supports the conclusion that the statute contemplates express requirements, which were absent here (see paras [4]-[5]).

Liverpool City Council, R (on the application of) v London Borough of Hillingdon & Anor

[2009] EWCA Civ 43 · 10 February 2009

The court referred to the authority’s power to assess the needs of a child within its area when the child appears to be in need (see para [13]).

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

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I134Sch. 3 Pt. I para. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)