Children’s guardian survives supervision order

In Re MH (Child) (Care Proceedings: Children’s Guardian) and another case (FD TLR 15 November)

Following the implementation of the Children Act 1989 a series of decisions established that the children’s guardian appointed in care proceedings had no function once the proceedings had been concluded. Does the same apply to supervision orders? A broad approach which gives the words of s2(5)(b) of the Criminal Justice and Court Services Act 2000 their natural meaning enables the children’s guardian to remain in post. This interpretation is more compatible with the functions of CAFCASS, inter alia, to safeguard and promote the welfare of children and, furthermore, provides a mechanism for the prevention of breaches of the child’s rights under the European Convention on Human Rights. Where care proceedings result in a supervision order, the proceedings are not to be treated as concluded until the order has ceased to have effect and, unless terminated by the court, the role of the children’s guardian continues for the duration of the order.