Interim Care and Supervision Orders: CA 1989 s. 38
CA 1989 s. 38 allows courts to make interim care or supervision orders during adjourned proceedings or section 37 directions if reasonable grounds exist.
Where— in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or the court gives a direction under section 37(1), the court may make an interim care order or an interim supervision order with respect to the child concerned. A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2). Where, in any proceedings on an application for a care order or supervision order, a court makes a child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made. For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— with whom the child is to live, and when the child is to live with any person. An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in a case which falls within subsection (1)(a), the disposal of the application; in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child; in a case which falls within subsection (1)(b) and in which— no direction has been given under section 37(4), and no application for a care order or supervision order has been made with respect to the child, the expiry of the period of eight weeks beginning with the date on which the order is made; in a case which falls within subsection (1)(b) and in which— the court has given a direction under section 37(4), but no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment. A direction under subsection (6) may be to the effect that there is to be— no such examination or assessment; or no such examination or assessment unless the court directs otherwise. A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly. When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to— any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child, the issues with which the examination or other assessment would assist the court, the questions which the examination or other assessment would enable the court to answer, the evidence otherwise available, the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings, the cost of the examination or other assessment, and any matters prescribed by Family Procedure Rules. A direction under subsection (6) may be— given when the interim order is made or at any time while it is in force; and varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection. Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order. Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.
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
When care or supervision order proceedings are adjourned, or when a court directs a local authority under section 37(1) to investigate a child's circumstances, the court may issue an interim care order or interim supervision order. To make an interim order, the court must be satisfied that there are reasonable grounds for believing that the threshold conditions in section 31(2) are met.
If the court makes a child arrangements order specifying living arrangements while proceedings are ongoing, it must also make an interim supervision order unless it is satisfied that the child's welfare is adequately protected without one. Interim orders remain in force for a period specified by the court, or until the application is disposed of, or upon the expiry of eight weeks where a section 37 direction was made without a specified duration.
The court may give directions for medical, psychiatric, or other assessments of the child if necessary to resolve the proceedings justly. However, a child with sufficient understanding to make an informed decision may refuse to submit to an examination or assessment. When determining the duration of an interim order, the court must consider whether any opposing party had a proper opportunity to argue their case.
When it applies
- A local authority applies for a care order, and the court adjourns the main hearing while establishing temporary care arrangements.
- A court directs a local authority under section 37(1) to investigate a child's welfare and needs to put temporary safeguarding in place during the investigation.
- A party requests a psychological assessment of a child during interim proceedings, requiring the court to evaluate whether the assessment is necessary and fair.
- The court grants a temporary child arrangements order determining where a child lives and adds an interim supervision order.
What this section does not say
- Adding an exclusion requirement to remove an alleged abuser from the child's home, which is covered under section 38a.
- Making final care or supervision orders at the conclusion of full proceedings under section 31.
- Immediate emergency removal of a child under emergency protection orders.
Related sections
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This page reproduces the text of CA 1989 s. 38 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.