Duty of supervisor under supervision order - CA 1989 s. 35
Section 35 imposes duty on supervisor to advise, assist, befriend the child, take steps to enforce the order, and consider applying for variation or discharge.
While a supervision order is in force it shall be the duty of the supervisor— to advise, assist and befriend the supervised child; to take such steps as are reasonably necessary to give effect to the order; and where— the order is not wholly complied with; or 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. Parts I and II of Schedule 3 make further provision with respect to supervision orders.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
A supervision order is a court order placing a child under the supervision of a local authority or other designated person. The person appointed as supervisor has a legal duty to advise, assist and befriend the child, and to take reasonable steps to make sure the order is followed.
If the order is not being complied with, or if the supervisor thinks the order is no longer needed, the supervisor must consider whether to ask the court to change or end the order. This is a duty to consider, not a duty to apply. The supervisor must make that decision based on the circumstances.
Further details about supervision orders, including additional powers and duties, are set out in Parts I and II of Schedule 3 to the Children Act 1989.
When it applies
- A child subject to a supervision order stops attending school and the supervisor must decide whether to apply to vary the order to include additional requirements.
- The child's behaviour improves and the supervisor believes the order is no longer necessary; the supervisor must consider applying for discharge.
- The child refuses to meet with the supervisor, and the supervisor must take steps to enforce the order, such as arranging a meeting.
- The parent fails to comply with conditions in the supervision order, and the supervisor must consider whether to apply to vary the order.
What this section does not say
- This provision does not set out the grounds for making a supervision order in the first place (those are in section 31).
- It does not specify what happens if the supervisor fails to carry out their duties (that may be dealt with elsewhere in the Act or through judicial review).
- It does not define who can be a supervisor (that is covered by other sections and regulations).
- It does not address the duration or expiry of a supervision order (that is covered by other provisions, such as section 39).
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This page reproduces the text of CA 1989 s. 35 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.