Part III Care
F1C156 Restriction on removal of child from care.
1
In section 1 of the Children Act 1948, the following subsections are inserted after subsection (3)—
3A
Except in relation to an act done—
a
with the consent of the local authority, or
b
by a parent or guardian of the child who has given the local authority not less than 28 days’ notice of his intention to do it,
subsection (8) (penalty for taking away a child in care) of section 3 of this Act shall apply to a child in the care of a local authority under this section (notwithstanding that no resolution is in force under section 2 of this Act with respect to the child) if he has been in the care of that local authority throughout the preceding six months; and for the purposes of the application of paragraph (b) of that subsection in such a case a parent or guardian of the child shall not be taken to have lawful authority to take him away.
3B
The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (3A) of this section by substituting a different period for the period of 28 days or of six months mentioned in that subsection (or the period which, by a previous order under this subsection, was substituted for that period).
2
The following section is inserted after section 33 of the Children Act 1948—
33A Restriction on removal of a child from care of voluntary organisation.
1
Section 3(8) of this Act shall apply in relation to children who are not in the care of local authorities under section 1 of this Act but who are in voluntary homes or are boarded out, as it applies by virtue of subsection (3A) of the said section 1 to children in the care of the local authority, except that in the case of a child who is not in the care of a local authority the references in subsection (3A) to a local authority shall be construed as references to the voluntary organisation in whose care the child is.
2
For the purposes of this section—
a
a child is boarded out if he is boarded out, by the voluntary organisation in whose care he is, with foster parents to live in their home as a member of their family;
b
“voluntary home” includes a controlled community home and an assisted community home.