Discharge & variation - care & supervision - CA 1989 s.39
Who can apply to discharge a care order or vary a supervision order; substitution of supervision order; exclusion requirements in interim care orders.
A care order may be discharged by the court on the application of— any person who has parental responsibility for the child; the child himself; or the local authority designated by the order. A supervision order may be varied or discharged by the court on the application of— any person who has parental responsibility for the child; the child himself; or the supervisor. On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person. On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement. Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order). Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order. When a court is considering whether to substitute one order for another under subsection (4) any provision of this Act which would otherwise require section 31(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded.
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
This section lists who may ask a court to end or change a care order or a supervision order made under the Children Act 1989.
A care order can be ended (discharged) only on application by a person with parental responsibility for the child, the child themselves, or the local authority that holds the order. A supervision order can be varied or ended on application by a person with parental responsibility, the child, or the supervisor. A person who is not entitled to ask for the order to be ended but who lives with the child may ask the court to vary a supervision order if it affects them. Similarly, a person subject to an exclusion requirement in an interim care order may ask to vary or end that exclusion requirement.
The court may also substitute a supervision order for a care order when someone entitled to apply for discharge does so. When deciding whether to substitute, the usual requirement that the threshold conditions under section 31(2) must be satisfied at that time is disregarded.
When it applies
- A parent wants to discharge a care order to regain care of their child.
- A child subject to a supervision order applies to have it discharged.
- A local authority that holds a care order applies to discharge it.
- A grandparent with whom the child lives wants to vary a supervision order requirement that obliges them to do something.
- A person who was excluded from the home under an interim care order applies to remove that exclusion requirement.
What this section does not say
- This section does not allow a court to discharge a care order on its own motion without an application.
- It does not allow the variation of a care order itself; only discharge or substitution is available for care orders.
- It does not cover applications to discharge or vary emergency protection orders (those are under section 45).
- It does not give a right to apply to a person who simply has contact with the child but no parental responsibility or living arrangement.
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This page reproduces the text of CA 1989 s. 39 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.