Care or Supervision?

In Re O (a Child) (Supervision Order) (CA TLR 20 February)

The judge refused the local authority’s application for a care order, saying it was a classic case for a supervision order. Upholding the judge on appeal, the court said it was no longer wise to rely on the earlier authorities cited by the local authority. The application was to be considered under article 8 in schedule 1 of the Human Rights Act, so that any intervention of the state between parents and children should be proportionate to the legitimate aim for the protection of family life in the European Convention on Human Rights. In the present case a care order would be severe in three aspects: power to the local authority to remove the child from its parents, power to the local authority to have parental control and responsibility and a long period of time for its discharge.