In the light of the new Human Rights law, a supervision order would be preferable to a care order where a local authority sought to protect a child in the light of allegations of abuse or lack of care. Case law predating the new Act would not now be good guidance. The making of a care order would be severe in three respects: it would give power to allow the authority to remove a child, power to take parental control and responsibility, and to take such responsibilities over a longer period of time. Any such arrangements must be proportionate to the threat, and a supervision order should normally be sufficient.
Citations:
Times 20-Feb-2001
Statutes:
Human Rights Act 1998, Children Act 1989
Jurisdiction:
England and Wales
Children
Updated: 08 May 2022; Ref: scu.82079
