Commentary on Provisions Part 1 – children’s hearings system Section 11 – supervision or guidance post-18
56.Where, on reviewing a CSO, the children’s hearing decides that the CSO should come to an end, the hearing must consider whether the child nevertheless has a continuing need for supervision or guidance and make a statement to that effect.(41) Under section 138(7) of the 2011 Act, the relevant local authority(42) has a duty, in such a case, to provide the child with that supervision or guidance, subject to the child accepting it.
57.Section 11 amends section 138 in two ways. First, it requires the children’s hearing to also consider whether the child might need supervision or guidance after the child turns 18. And, where the children’s hearing makes a statement to the effect that the child does, the relevant local authority’s duty under section 138(7) continues to have effect after the child turns 18. But the relevant local authority does not need to provide supervision and guidance after the child turns 19.