Domestic Violence Act 2018

Power to make care order or supervision order under Child Care Act 1991

12. (1) Where in proceedings for an order under this Act, other than proceedings to which section 11 relates, it appears to the court that it may be appropriate for a care order or a supervision order to be made with respect to a dependent person concerned in the proceedings, the court may, of its own motion or on the application of a person concerned, adjourn the proceedings and direct the Agency to undertake an investigation or, as the case may be, further investigations of that dependent person’s circumstances.

(2) Where proceedings are adjourned and the court gives a direction under subsection (1), the court may give such directions under the Act of 1991 as it sees fit as to the care and custody of, and may make a supervision order in respect of, the dependent person concerned pending the outcome of the investigation by the Agency.

(3) Where the court gives a direction under subsection (1) in respect of a dependent person, the Agency shall undertake an investigation of the dependent person’s circumstances and shall consider if it should—

(a) apply for a care order or a supervision order,

(b) provide any service or assistance for that dependent person’s family, or

(c) take any other action in respect of that dependent person.

(4) Where the Agency undertakes an investigation under this section and decides not to apply for a care order or supervision order with respect to the dependent person concerned, it shall inform the court of—

(a) its reasons for so deciding,

(b) any service or assistance it has provided, or intends to provide, for that dependent person and his or her family, and

(c) any other action which it has taken, or proposes to take, with respect to that dependent person.

(5) In this section—

“care order” means a care order under the Act of 1991;

“supervision order” means a supervision order under the Act of 1991.