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The Children (Northern Ireland) Order 1995

Status:

This is the original version (as it was originally made).

Care orders and supervision orders

50.—(1) On the application of any authority or authorised person, the court may make an order—

(a)placing the child with respect to whom the application is made in the care of a designated authority; or

(b)putting him under the supervision of a designated authority.

(2) A court may only make a care or a supervision order if it is satisfied—

(a)that the child concerned is suffering, or is likely to suffer, significant harm; and

(b)that the harm, or likelihood of harm, is attributable to—

(i)the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

(ii)the child’s being beyond parental control.

(3) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

(4) No care order or supervision order may be made with respect to a child who has reached the age of 17 (or 16, in the case of a child who is married).

(5) An application under this Article may be made on its own or in any other family proceedings.

(6) The court may—

(a)on an application for a care order, make a supervision order;

(b)on an application for a supervision order, make a care order.

(7) Where an authorised person proposes to make an application under this Article he shall—

(a)if it is reasonably practicable to do so; and

(b)before making the application,

consult the authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.

(8) An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—

(a)the subject of an earlier application for a care or a supervision order, which has not been disposed of; or

(b)subject to—

(i)a care or a supervision order; or

(ii)a probation order or an order under section 74(1)(b) or (c) of the Children and Young Persons Act (Northern Ireland) 1968(1) (power of court to make fit person order or supervision order on finding of guilt).

(9) The authority designated in a care order must be—

(a)the authority within whose area the child is ordinarily resident; or

(b)where the child does not reside in the area of an authority, the authority within whose area any circumstances arose in consequence of which the order is being made.

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