Children Act 1989, section 35

Supervision orders

Part IV Care and Supervision

(1)While a supervision order is in force it shall be the duty of the supervisor—

(a)to advise, assist and befriend the supervised child;

(b)to take such steps as are reasonably necessary to give effect to the order; and

(c)where—

(i)the order is not wholly complied with; or

(ii)the supervisor considers that the order may no longer be necessary,

to consider whether or not to apply to the court for its variation or discharge.

(2)Parts I and II of Schedule 3 make further provision with respect to supervision orders.

Definitions used in section 35 6

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
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
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
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
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act

Cases considering section 35 9

JW (Child at Home under Care Order)

[2023] EWCA Civ 944 · 4 August 2023Defines

A supervision order requires the supervisor to advise, assist and befriend the child, take reasonable steps to give effect to the order, and consider variation or discharge where appropriate. It does not confer parental responsibility (see paras [15]–[16]).

W (A Child) v Neath Port Talbot County Borough Council & Ors

[2013] EWCA Civ 1227 · 11 October 2013Defines

The court contrasted the supervisor’s limited duty to advise, assist, befriend and take reasonably necessary steps with the local authority’s powers and duties under a care order. A supervision order does not confer parental responsibility. (see paras [49]-[52]; [108])

D (Parentage: Local Authority Application), Re

[2024] EWHC 305 (Fam) · 15 February 2024Interprets

A supervision order was interpreted as imposing duties to advise, assist and befriend, without conferring parental responsibility or a licence to intervene in parental welfare decisions. (see paras [46], [54])

What each judgment says about section 35 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I32S. 35 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)