Child Law · Care Proceedings
A supervision order and a care order are the two orders a court can make when a local authority brings care proceedings about a child. They are serious, and they are frightening for any parent. If you have had a letter from children's services, or proceedings have already started, we can help you understand what is happening and make sure your voice is heard. Parents are entitled to free legal aid for this work, whatever their income.
At a glance
Who it is for
Parents and anyone with parental responsibility whose child is the subject of care proceedings.
Legal aid is automatic
Parents and those with parental responsibility qualify for free legal aid, not means tested and not merits tested.
Two different orders
A supervision order usually keeps your child at home with council support. A care order gives the council parental responsibility.
Early advice matters
Getting advice at the letter before proceedings stage, before court, can change what happens next.
A supervision order is an order under section 31 of the Children Act 1989 that places a child under the supervision of the local authority. Under a supervision order the council does not gain parental responsibility, and your child normally stays living at home with you. A supervisor is appointed to advise, assist and befriend the child, and to help the family put agreed steps in place. It is used where there are real concerns, but not concerns serious enough to need a care order.
A supervision order usually lasts for up to one year, and the council can ask the court to extend it, up to a maximum of three years in total. It is a way for the court to keep a situation under review while a child remains with their family.
A care order is the more serious of the two orders. It gives the local authority parental responsibility for your child, which the council shares with you but is allowed to limit. Under a care order the council decides where your child lives. That can still be at home with you, but it can also be with a relative, a foster carer or in a children's home. A care order lasts until your child is 18, unless the court ends it sooner or it is replaced by another order.
A care order does not remove your parental responsibility, and it does not end your relationship with your child. The council has a duty to allow you reasonable contact, and you keep the right to be involved and to ask the court to discharge the order if things change.
The court cannot make a care order or a supervision order unless the threshold criteria in section 31(2) of the Children Act 1989 are met. The local authority has to prove, to the court, that your child is suffering, or is likely to suffer, significant harm, and that the harm is due to the care being given not being what a parent could reasonably be expected to give, or to the child being beyond parental control.
Even where the threshold is crossed, the court does not have to make an order. It weighs your child's welfare above everything else under section 1 of the Children Act 1989, considers the welfare checklist, and applies the no-order principle, making an order only where that is better for your child than making no order at all. This is why strong representation matters. Meeting the threshold is not the end of the story.
Care proceedings sometimes begin because a child has been exposed to abuse in the home. If you are a survivor of domestic abuse, it is natural to be terrified that you will be blamed or that your child will be taken away. You should know that being a victim of abuse is not the same as being a risk to your child, and the court and the local authority are expected to recognise the difference.
Where domestic abuse is part of the picture, we help you show the court that you are protecting your child, not failing them, and we make sure your experience is understood. For free and confidential support at any time you can call the National Domestic Abuse Helpline on 0808 2000 247. In an emergency always call 999. The points on this page are correct as at June 2026 and are a general guide, not legal advice on your situation.
Care proceedings follow a set path, and the court works to a 26 week timetable. These are the main stages.
1. Pre-proceedings and the letter before proceedings
The council often sends a letter before proceedings and holds a meeting to try to avoid court. Legal aid is available from this point, so this is the moment to get advice.
2. The application and first hearing
If the council applies to court, a children's guardian from Cafcass is appointed for your child, and the court considers whether any interim order is needed while it looks into things.
3. Assessments and evidence
The court reads the council's evidence and any assessments, including of you and of family members who could care for your child, and hears your side of what has happened.
4. The final hearing
The court decides whether the threshold is met and, if so, what order is right for your child, whether that is no order, a supervision order, a care order, or a different outcome altogether.
Care proceedings are one of the hardest things a parent can face. We stand with you from the first letter to the final hearing, calmly and without judgment.
If you have had a letter before proceedings, we act quickly, explain what it means, and help you engage with the council so that court can sometimes be avoided.
Parents and those with parental responsibility are entitled to free legal aid for care proceedings, whatever their income. We deal with the paperwork so you are covered.
We prepare your evidence, challenge what is wrong in the council's case, put forward family members who could help, and argue for the least intrusive order for your child.
We are with you at each stage, we keep you informed in plain language, and we make sure you understand every decision and every option open to you.
You do not pay a court fee in care proceedings, because it is the local authority that brings the case. As a parent, or if you hold parental responsibility, you are automatically entitled to legal aid for this work, and it is not means tested or merits tested. We will explain your entitlement and make sure you are represented. Where we are not able to carry out the legal aid work ourselves, we will help you find a specialist provider quickly, so that you are never left facing the council alone. There is no charge for an initial phone conversation.
A supervision order is an order under section 31 of the Children Act 1989 that puts a child under the supervision of the local authority, usually while they stay living at home. The council does not gain parental responsibility. A supervisor advises, assists and befriends the family. It normally lasts up to a year and can be extended to a maximum of three.
Both share the same legal threshold, but their effect is very different. A supervision order lets the council monitor and support your family while your child stays at home. A care order gives the council parental responsibility and lets it decide where your child lives, which may or may not be with you.
Not necessarily. A care order does not remove your parental responsibility, and children are sometimes placed at home with their parents under a care order. The council must allow you reasonable contact, and you can ask the court to discharge the order if your circumstances change. Every case turns on what is best for the child.
No. Parents and anyone with parental responsibility are automatically entitled to free legal aid in care proceedings, and it is not means tested or merits tested. You do not pay a court fee either, because the local authority brings the case. Getting a solicitor involved early, at the letter stage, costs you nothing and can help a great deal.
A letter before proceedings is a warning that the council is worried and is considering court, but it is also a chance to put things right before that happens. Legal aid is available from this point. The best thing you can do is get advice straight away, so you go into the meeting with someone on your side.
Being a victim of domestic abuse is not the same as being a risk to your child, and the court is expected to recognise that. We help you show that you have been protecting your child, put your experience in context, and make sure the focus stays on safety rather than blame.
The court works to a statutory timetable of 26 weeks, though some cases take longer where more assessment is needed. A supervision order or a care order can also be preceded by interim orders while the court looks into things. We keep you informed of the timetable at every stage.
Last updated: June 2026.
