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Section 40: Orders pending appeals in cases about care or supervision orders.

Children Act 1989 · 1989 c. 41View on legislation.gov.uk

Part IV: Care and Supervision

Where—

a court dismisses an application for a care order; and
at the time when the court dismisses the application, the child concerned is the subject of an interim care order,

the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

Where—

a court dismisses an application for a care order, or an application for a supervision order; and
at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order,

the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

Where a court grants an application to discharge a care order or supervision order, it may order that—

its decision is not to have effect; or
the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order.

An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.

Where—

an appeal is made against any decision of a court under this section; or
any application is made to the appellate court in connection with a proposed appeal against that decision,

the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.

In this section "the appeal period" means—

where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and
otherwise, the period during which an appeal may be made against the decision.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.