PART VCARE AND SUPERVISION

General

Care orders and supervision orders50

1

On the application of any authority or authorised person, the court may make an order—

a

placing the child with respect to whom the application is made in the care of a designated authority; or

b

putting him under the supervision of a designated authority.

2

A court may only make a care or a supervision order if it is satisfied—

a

that the child concerned is suffering, or is likely to suffer, significant harm; and

b

that the harm, or likelihood of harm, is attributable to—

i

the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

ii

the child's being beyond parental control.

3

Where the question of whether harm suffered by a child is significant turns on the child's health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

4

No care order or supervision order may be made with respect to a child who has reached the age of 17 (or 16, in the case of a child who isF1 married or a civil partner).

5

An application under this Article may be made on its own or in any other family proceedings.

6

The court may—

a

on an application for a care order, make a supervision order;

b

on an application for a supervision order, make a care order.

7

Where an authorised person proposes to make an application under this Article he shall—

a

if it is reasonably practicable to do so; and

b

before making the application,

consult the authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.

8

An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—

a

the subject of an earlier application for a care or a supervision order, which has not been disposed of; or

b

subject to—

i

a care or a supervision order; or

ii

a probation orderF2. . . .

9

The authority designated in a care order must be—

a

the authority within whose area the child is ordinarily resident; or

b

where the child does not reside in the area of an authority, the authority within whose area any circumstances arose in consequence of which the order is being made.