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Children Act 1989

1989 CHAPTER 41

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

[16th November 1989]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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Extent Information

E1For the extent of the provisions of this Act please see section 108(10)-(12).

Modifications etc. (not altering text)

C1Act amended by Army Act 1955 (c. 18), Sch. 5A para. 7(3)–(4) (as substituted by Children Act 1989 (c. 41 SIF 20), s. 108(4)(6), Sch. 12 para. 8(2), Sch. 14 para. 27(4) )

C4Act modified (14.10.1991) by S.I. 1991/2032, art. 3(1).

Act modified (14.10.1991) by S.I. 1991/2032, art. 7(1).

Act (except for s. 41(8)) amended (01.01.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1

Act extended (E.W.)(30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art.2(1)(c) (subject to arts. 5-8).

Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 as amended (7.11.2003) by 2002 c. 38, ss. 145(1), 148 (with Sch. 4 paras. 6-8)

C5By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C6Power to modify Act conferred (12.12.1996 for certain purposes and 1.4.1997 otherwise) by 1995 c. 36, ss. 33(5)(b)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(1)

C7Act definition of "parental responsibility" extended (E.W.S.) with modification (7.10.1996) by S.I. 1996/207, reg. 57(3)

Act definition of "Voluntary organisation" extended (7.10.1996) by S.I. 1996/207, reg. 78(9)(c)

Part IE+W Introductory

1 Welfare of the child.E+W

(1)When a court determines any question with respect to—

(a)the upbringing of a child; or

(b)the administration of a child’s property or the application of any income arising from it,

the child’s welfare shall be the court’s paramount consideration.

(2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

(3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

(4)The circumstances are that—

(a)the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or

(b)the court is considering whether to make, vary or discharge [F1a special guardianship order or] an order under Part IV.

(5)Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

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Amendments (Textual)

F1Words in s. 1(4)(b) inserted (30.12.2005) by 2002 c. 38, ss. 115(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

Modifications etc. (not altering text)

C10S. 1(2)(3)(a)-(f) applied with modifications (14. 10. 1991) by S.I. 1991/1395, r. 11(1) (as amended (8.12.2008) by The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008, (S.I. 2008/2858), {rule 7})

Commencement Information

I1S. 1 wholly in force at 14.10.1991 see s. 108(2(3) and S.I. 1991/828, art. 3(2)

2 Parental responsibility for children.E+W

(1)Where a child’s father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.

[F2(1A)Where a child—

(a)has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or

(b)has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

the child's mother and the other parent shall each have parental responsibility for the child.]

(2)Where a child’s father and mother were not married to each other at the time of his birth—

(a)the mother shall have parental responsibility for the child;

(b)the father [F3shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)] in accordance with the provisions of this Act.

[F4(2A)Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—

(a)the mother shall have parental responsibility for the child;

(b)the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.]

(3)References in this Act to a child whose father and mother were, or (as the case may be) were not, married to each other at the time of his birth must be read with section 1 of the M1Family Law Reform Act 1987 (which extends their meaning).

(4)The rule of law that a father is the natural guardian of his legitimate child is abolished.

(5)More than one person may have parental responsibility for the same child at the same time.

(6)A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.

(7)Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.

(8)The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act.

(9)A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.

(10)The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.

(11)The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.

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Amendments (Textual)

F3Words in s. 2(2) substituted (1.12.2003) by 2002 c. 38, ss. 111(5), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

Commencement Information

I2S. 2 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

3 Meaning of “parental responsibility”.E+W

(1)In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

(2)It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property.

(3)The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover.

(4)The fact that a person has, or does not have, parental responsibility for a child shall not affect—

(a)any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or

(b)any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property.

(5)A person who—

(a)does not have parental responsibility for a particular child; but

(b)has care of the child,

may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

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Commencement Information

I3S. 3 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

4 Acquisition of parental responsibility by father.E+W

(1)Where a child’s father and mother were not married to each other at the time of his birth [F5, the father shall acquire parental responsibility for the child if—

(a)he becomes registered as the child’s father under any of the enactments specified in subsection (1A);

(b)he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or

(c)the court, on his application, orders that he shall have parental responsibility for the child.]

[F6(1A)The enactments referred to in subsection (1)(a) are—

(a)paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;

(b)paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c)sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(1B)The [F7Secretary of State] may by order amend subsection (1A) so as to add further enactments to the list in that subsection.]

(2)No parental responsibility agreement shall have effect for the purposes of this Act unless—

(a)it is made in the form prescribed by regulations made by the Lord Chancellor; and

(b)where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.

[F8(2A)A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(3)The court may make an order under subsection (2A) on the application—

(a)of any person who has parental responsibility for the child; or

(b)with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).]

(4)The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

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Amendments (Textual)

F5Words in s. 4(1) substituted (1.12.2003) by 2002 c. 38, ss. 111(2), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F8S. 4(2A)(3) substituted (1.12.2003) for s. 4(3) by 2002 c. 38, ss. 111(4), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

Modifications etc. (not altering text)

Commencement Information

I4S. 4 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F94ZAAcquisition of parental responsibility by second female parentE+W
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Amendments (Textual)

(1)Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—

(a)she becomes registered as a parent of the child under any of the enactments specified in subsection (2);

(b)she and the child's mother make an agreement providing for her to have parental responsibility for the child; or

(c)the court, on her application, orders that she shall have parental responsibility for the child.

(2)The enactments referred to in subsection (1)(a) are—

(a)paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;

(b)paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c)sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(3)The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.

(4)An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.

(5)A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(6)The court may make an order under subsection (5) on the application—

(a)of any person who has parental responsibility for the child; or

(b)with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).

(7)The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.]

[F104A Acquisition of parental responsibility by step-parentE+W
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Amendments (Textual)

(1)Where a child’s parent (“parent A”) who has parental responsibility for the child is married to [F11, or a civil partner of,] a person who is not the child’s parent (“the step-parent”)—

(a)parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or

(b)the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.

(2)An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.

(3)A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application—

(a)of any person who has parental responsibility for the child; or

(b)with the leave of the court, of the child himself.

(4)The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.]

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Amendments (Textual)

5 Appointment of guardians.E+W

(1)Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if—

(a)the child has no parent with parental responsibility for him; or

(b)a residence order has been made with respect to the child in favour of a parent [F12, guardian or special guardian] of his who has died while the order was in force [F13; or

(c)paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.]

(2)The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.

(3)A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death.

(4)A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death [F14; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death].

(5)An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or—

(a)in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the M2Wills Act 1837; or

(b)in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.

(6)A person appointed as a child’s guardian under this section shall have parental responsibility for the child concerned.

(7)Where—

(a)on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or

(b)immediately before the death of any person making such an appointment, a residence order in his favour was in force with respect to the child [F15or he was the child’s only (or last surviving) special guardian],

the appointment shall take effect on the death of that person.

(8)Where, on the death of any person making an appointment under subsection (3) or (4)—

(a)the child concerned has a parent with parental responsibility for him; and

(b)subsection (7)(b) does not apply,

the appointment shall take effect when the child no longer has a parent who has parental responsibility for him.

(9)Subsections (1) and (7) do not apply if the residence order referred to in paragraph (b) of those subsections was also made in favour of a surviving parent of the child.

(10)Nothing in this section shall be taken to prevent an appointment under subsection (3) or (4) being made by two or more persons acting jointly.

(11)Subject to any provision made by rules of court, no court shall exercise the High Court’s inherent jurisdiction to appoint a guardian of the estate of any child.

(12)Where rules of court are made under subsection (11) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.

(13)A guardian of a child may only be appointed in accordance with the provisions of this section.

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Amendments (Textual)

F13S. 5(1)(c) and preceding word inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(a)(ii), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F14Words in s. 5(4) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/3213, art. 2(k)

F15Words in s. 5(7) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(c), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

Commencement Information

I5S. 5 except s. 5(11)(12) in force at 14.10.1991 by S.I. 1991/828, art. 3(2) and s. 5(11)(12) wholly in force 1.2.1992 by S.I. 1991/828, art. 3 as amended by S.I. 1991/1990, art. 2.

Marginal Citations

6 Guardians: revocation and disclaimer.E+W

(1)An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.

(2)An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed—

(a)by him; or

(b)at his direction, in his presence and in the presence of two witnesses who each attest the signature.

(3)An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it—

(a)destroys the instrument by which it was made; or

(b)has some other person destroy that instrument in his presence.

[F16(3A)An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either—

(a)a decree of a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or

(b)the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986,

unless a contrary intention appears by the appointment.]

[F17(3B)An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—

(a)an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or

(b)the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,

unless a contrary intention appears by the appointment.]

(4)For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked.

(5)A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect.

(6)Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.

(7)Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court—

(a)on the application of any person who has parental responsibility for the child;

(b)on the application of the child concerned, with leave of the court; or

(c)in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.

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Amendments (Textual)

F16S. 6(3A) inserted (8.11.1995 with effect as mentioned in s. 4(2) of the amending Act) ) by 1995 c. 41, ss. 4(1)(2)

Commencement Information

I6S. 6 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

7 Welfare reports.E+W

(1)A court considering any question with respect to a child under this Act may—

(a)ask [F18an officer of the Service][F19or a Welsh family proceedings officer] ; or

(b)ask a local authority to arrange for—

(i)an officer of the authority; or

(ii)such other person (other than [F18an officer of the Service][F19or a Welsh family proceedings officer] ) as the authority considers appropriate,

to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.

(2)The Lord Chancellor may [F20, after consulting the Lord Chief Justice,] make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section.

(3)The report may be made in writing, or orally, as the court requires.

(4)Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a)any statement contained in the report; and

(b)any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.

(5)It shall be the duty of the authority or [F18officer of the Service][F19or a Welsh family proceedings officer] to comply with any request for a report under this section.

[F21(6)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]

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Amendments (Textual)

F20Words in s. 7(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4). s. 15(1), {Sch. 4 para. 204(2)}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F21S. 7(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4). s. 15(1), {Sch. 4 para. 204(3)}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Commencement Information

I7S. 7 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part IIE+W Orders With Respect To Children In Family Proceedings

GeneralE+W

8 Residence, contact and other orders with respect to children.E+W

(1)In this Act —

  • a contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;

  • a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

  • a residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and

  • a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(2)In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

(3)For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

but does not include proceedings on an application for leave under section 100(3).

(4)The enactments are—

(a)Parts I, II and IV of this Act;

(b)the M3Matrimonial Causes Act 1973;

[F22(ba)Schedule 5 to the Civil Partnership Act 2004;]

[F23(c)the M4Domestic Violence and Matrimonial Proceedings Act 1976;

[F24(d)the Adoption and Children Act 2002;]]

(e)the M5Domestic Proceedings and Magistrates’ Courts Act 1978;

[F25(ea)Schedule 6 to the Civil Partnership Act 2004;]

[F23(f)sections 1 and 9 of the M6Matrimonial Homes Act 1983;]

(g)Part III of the M7Matrimonial and Family Proceedings Act 1984.

[F26(h)the Family Law Act 1996]

[F27(i)sections 11 and 12 of the Crime and Disorder Act 1998.]

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Amendments (Textual)

Commencement Information

I8S. 8 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

9 Restrictions on making section 8 orders.E+W

(1)No court shall make any section 8 order, other than a residence order, with respect to a child who is in the care of a local authority.

(2)No application may be made by a local authority for a residence order or contact order and no court shall make such an order in favour of a local authority.

(3)A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—

(a)he has the consent of the authority;

(b)he is a relative of the child; or

(c)the child has lived with him for at least [F28one year] preceding the application.

(4)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)No court shall exercise its powers to make a specific issue order or prohibited steps order—

(a)with a view to achieving a result which could be achieved by making a residence or contact order; or

(b)in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.

(6)[F30No court shall make a specific issue order, contact order or prohibited steps order] which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

(7)No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

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Amendments (Textual)

F28Words in s. 9(3)(c) substituted (30.12.2005) by 2002 c. 38, ss. 113(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F30Words in s. 9(6) substituted (1.9.2009) for the words from the beginning to "which" by virtue of Children and Young Persons Act 2008 (c. 23), ss. 37(1), 44; S.I. 2009/1921, art. 2(b); S.I. 2009/2273, art. 2(2)(k)

Commencement Information

I9S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

10 Power of court to make section 8 orders.E+W

(1)In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if—

(a)an application for the order has been made by a person who—

(i)is entitled to apply for a section 8 order with respect to the child; or

(ii)has obtained the leave of the court to make the application; or

(b)the court considers that the order should be made even though no such application has been made.

(2)The court may also make a section 8 order with respect to any child on the application of a person who—

(a)is entitled to apply for a section 8 order with respect to the child; or

(b)has obtained the leave of the court to make the application.

(3)This section is subject to the restrictions imposed by section 9.

(4)The following persons are entitled to apply to the court for any section 8 order with respect to a child—

(a)any parent [F31, guardian or special guardian] of the child;

[F32(aa)any person who by virtue of section 4A has parental responsibility for the child;]

(b)any person in whose favour a residence order is in force with respect to the child.

(5)The following persons are entitled to apply for a residence or contact order with respect to a child—

(a)any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;

[F33(aa)any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;]

(b)any person with whom the child has lived for a period of at least three years;

(c)any person who—

(i)in any case where a residence order is in force with respect to the child, has the consent of each of the persons in whose favour the order was made;

(ii)in any case where the child is in the care of a local authority, has the consent of that authority; or

(iii)in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

[F34(5A)A local authority foster parent is entitled to apply for a residence order with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.]

[F35(5B)A relative of a child is entitled to apply for a residence order with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application.]

(6)A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if—

(a)the order was made on his application; or

(b)in the case of a contact order, he is named in the order.

(7)Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person.

[F36(7A)If a special guardianship order is in force with respect to a child, an application for a residence order may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.]

(8)Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order.

(9)Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—

(a)the nature of the proposed application for the section 8 order;

(b)the applicant’s connection with the child;

(c)any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and

(d)where the child is being looked after by a local authority—

(i)the authority’s plans for the child’s future; and

(ii)the wishes and feelings of the child’s parents.

(10)The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.

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Amendments (Textual)

Commencement Information

I10S. 10 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

11 General principles and supplementary provisions.E+W

(1)In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any rules made by virtue of subsection (2))—

(a)draw up a timetable with a view to determining the question without delay; and

(b)give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2)Rules of court may—

(a)specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and

(b)make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.

(3)Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.

(4)Where a residence order is made in favour of two or more persons who do not themselves all live together, the order may specify the periods during which the child is to live in the different households concerned.

(5)Where—

(a)a residence order has been made with respect to a child; and

(b)as a result of the order the child lives, or is to live, with one of two parents who each have parental responsibility for him,

the residence order shall cease to have effect if the parents live together for a continuous period of more than six months.

(6)A contact order which requires the parent with whom a child lives to allow the child to visit, or otherwise have contact with, his other parent shall cease to have effect if the parents live together for a continuous period of more than six months.

(7)A section 8 order may—

(a)contain directions about how it is to be carried into effect;

(b)impose conditions which must be complied with by any person—

(i)in whose favour the order is made;

(ii)who is a parent of the child concerned;

(iii)who is not a parent of his but who has parental responsibility for him; or

(iv)with whom the child is living,

and to whom the conditions are expressed to apply;

(c)be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;

(d)make such incidental, supplemental or consequential provision as the court thinks fit.

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Modifications etc. (not altering text)

C12S. 11(3) restricted (14. 10. 1991) by S.I. 1991/1395, r.28

Commencement Information

I11S. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F3711AContact activity directionsE+W
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Amendments (Textual)

(1)This section applies in proceedings in which the court is considering whether to make provision about contact with a child by making—

(a)a contact order with respect to the child, or

(b)an order varying or discharging a contact order with respect to the child.

(2)The court may make a contact activity direction in connection with that provision about contact.

(3)A contact activity direction is a direction requiring an individual who is a party to the proceedings to take part in an activity that promotes contact with the child concerned.

(4)The direction is to specify the activity and the person providing the activity.

(5)The activities that may be so required include, in particular—

(a)programmes, classes and counselling or guidance sessions of a kind that—

(i)may assist a person as regards establishing, maintaining or improving contact with a child;

(ii)may, by addressing a person's violent behaviour, enable or facilitate contact with a child;

(b)sessions in which information or advice is given as regards making or operating arrangements for contact with a child, including making arrangements by means of mediation.

(6)No individual may be required by a contact activity direction—

(a)to undergo medical or psychiatric examination, assessment or treatment;

(b)to take part in mediation.

(7)A court may not on the same occasion—

(a)make a contact activity direction, and

(b)dispose finally of the proceedings as they relate to contact with the child concerned.

(8)Subsection (2) has effect subject to the restrictions in sections 11B and 11E.

(9)In considering whether to make a contact activity direction, the welfare of the child concerned is to be the court's paramount consideration.]

[F3811BContact activity directions: further provisionE+W
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Amendments (Textual)

(1)A court may not make a contact activity direction in any proceedings unless there is a dispute as regards the provision about contact that the court is considering whether to make in the proceedings.

(2)A court may not make a contact activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision about contact.

(3)A court may not make a contact activity direction in connection with the making, variation or discharge of a contact order, if the contact order is, or would if made be, an excepted order.

(4)A contact order with respect to a child is an excepted order if—

(a)it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or

(b)it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5).

(5)An order falls within this subsection if it is—

(a)a relevant adoption order;

(b)an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child;

(c)a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made—

(i)by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or

(ii)by virtue of section 15(1)(aa) of that Act; or

(d)a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child.

(6)A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made—

(a)on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or

(b)on an application under section 51(2) of that Act.

(7)A court may not make a contact activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.]

[F3911CContact activity conditionsE+W
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Amendments (Textual)

(1)This section applies if in any family proceedings the court makes—

(a)a contact order with respect to a child, or

(b)an order varying a contact order with respect to a child.

(2)The contact order may impose, or the contact order may be varied so as to impose, a condition (a “contact activity condition”) requiring an individual falling within subsection (3) to take part in an activity that promotes contact with the child concerned.

(3)An individual falls within this subsection if he is—

(a)for the purposes of the contact order so made or varied, the person with whom the child concerned lives or is to live;

(b)the person whose contact with the child concerned is provided for in that order; or

(c)a person upon whom that order imposes a condition under section 11(7)(b).

(4)The condition is to specify the activity and the person providing the activity.

(5)Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by a contact activity condition as they have effect as regards the activities that may be required by a contact activity direction.

(6)Subsection (2) has effect subject to the restrictions in sections 11D and 11E.]

[F4011DContact activity conditions: further provisionE+W
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Amendments (Textual)

(1)A contact order may not impose a contact activity condition on an individual who is a child unless the individual is a parent of the child concerned.

(2)If a contact order is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a contact activity condition.

(3)A contact order may not impose a contact activity condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales.]

[F4111EContact activity directions and conditions: makingE+W
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Amendments (Textual)

(1)Before making a contact activity direction (or imposing a contact activity condition by means of a contact order), the court must satisfy itself as to the matters falling within subsections (2) to (4).

(2)The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case.

(3)The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity.

(4)The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel.

(5)Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him.

(6)Information about the likely effect of the direction (or the condition) may, in particular, include information as to—

(a)any conflict with the individual's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(7)The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request.

(8)In this section “specified” means specified in a contact activity direction (or in a contact activity condition).]

[F4211FContact activity directions and conditions: financial assistanceE+W
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Amendments (Textual)

(1)The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees.

(2)An individual falls within this subsection if he is required by a contact activity direction or condition to take part in an activity that promotes contact with a child, not being a child ordinarily resident in Wales.

(3)The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees.

(4)An individual falls within this subsection if he is required by a contact activity direction or condition to take part in an activity that promotes contact with a child who is ordinarily resident in Wales.

(5)A relevant charge or fee, in relation to an activity required by a contact activity direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity.

(6)Regulations under this section may provide that no assistance is available to an individual unless—

(a)the individual satisfies such conditions as regards his financial resources as may be set out in the regulations;

(b)the activity in which the individual is required by a contact activity direction or condition to take part is provided to him in England or Wales;

(c)where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by a contact activity direction or condition;

(d)where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a contact activity direction or condition.

(7)Regulations under this section may make provision—

(a)as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a contact activity direction or condition to take part;

(b)where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined;

(c)authorising payments by way of assistance to be made directly to persons providing activities required by a contact activity direction or condition.]

[F4311GContact activity directions and conditions: monitoringE+W
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Amendments (Textual)

(1)This section applies if in any family proceedings the court—

(a)makes a contact activity direction in relation to an individual, or

(b)makes a contact order that imposes, or varies a contact order so as to impose, a contact activity condition on an individual.

(2)The court may on making the direction (or imposing the condition by means of a contact order) ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition);

(b)to report to the court on any failure by the individual to comply with the direction (or the condition).

(3)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).]

[F4411HMonitoring contactE+W
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Amendments (Textual)

(1)This section applies if in any family proceedings the court makes—

(a)a contact order with respect to a child in favour of a person, or

(b)an order varying such a contact order.

(2)The court may ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor whether an individual falling within subsection (3) complies with the contact order (or the contact order as varied);

(b)to report to the court on such matters relating to the individual's compliance as the court may specify in the request.

(3)An individual falls within this subsection if the contact order so made (or the contact order as so varied)—

(a)requires the individual to allow contact with the child concerned;

(b)names the individual as having contact with the child concerned; or

(c)imposes a condition under section 11(7)(b) on the individual.

(4)If the contact order (or the contact order as varied) includes a contact activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the contact activity condition.

(5)The court may make a request under subsection (2)—

(a)on making the contact order (or the order varying the contact order), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned.

(6)In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.

(7)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

(8)The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).

(9)But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.

(10)A court may not make a request under subsection (2) in relation to a contact order that is an excepted order (within the meaning given by section 11B(4)).]

[F4511IContact orders: warning noticesE+W
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Amendments (Textual)

Where the court makes (or varies) a contact order, it is to attach to the contact order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the contact order.]

[F4611JEnforcement ordersE+W
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Amendments (Textual)

(1)This section applies if a contact order with respect to a child has been made.

(2)If the court is satisfied beyond reasonable doubt that a person has failed to comply with the contact order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.

(3)But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the contact order.

(4)The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.

(5)The court may make an enforcement order in relation to the contact order only on the application of—

(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;

(b)the person whose contact with the child concerned is provided for in the contact order;

(c)any individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or

(d)the child concerned.

(6)Where the person proposing to apply for an enforcement order in relation to a contact order is the child concerned, the child must obtain the leave of the court before making such an application.

(7)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(8)Subsection (2) has effect subject to the restrictions in sections 11K and 11L.

(9)The court may suspend an enforcement order for such period as it thinks fit.

(10)Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.

(11)Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.

(12)In Schedule A1—

(a)Part 1 makes provision as regards an unpaid work requirement;

(b)Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.

(13)This section is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to contact orders.]

[F4711KEnforcement orders: further provisionE+W
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Amendments (Textual)

(1)A court may not make an enforcement order against a person in respect of a failure to comply with a contact order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a)in the case of a failure to comply with a contact order that was varied before the failure occurred, a notice under section 11I relating to the order varying the contact order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the contact order.

(2)A court may not make an enforcement order against a person in respect of any failure to comply with a contact order occurring before the person attained the age of 18.

(3)A court may not make an enforcement order against a person in respect of a failure to comply with a contact order that is an excepted order (within the meaning given by section 11B(4)).

(4)A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.]

[F4811LEnforcement orders: makingE+W
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Amendments (Textual)

(1)Before making an enforcement order as regards a person in breach of a contact order, the court must be satisfied that—

(a)making the enforcement order proposed is necessary to secure the person's compliance with the contact order or any contact order that has effect in its place;

(b)the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach of the contact order.

(2)Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.

(3)Before making an enforcement order as regards a person in breach of a contact order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.

(4)Information about the likely effect of the enforcement order may, in particular, include information as to—

(a)any conflict with the person's religious beliefs;

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(5)A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).

(6)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

(7)In making an enforcement order in relation to a contact order, a court must take into account the welfare of the child who is the subject of the contact order.]

[F4911MEnforcement orders: monitoringE+W
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Amendments (Textual)

(1)On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—

(a)to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;

(b)to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;

(c)to report to the court on such other matters relating to the person's compliance as may be specified in the request;

(d)to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.

(2)It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.]

[F5011NEnforcement orders: warning noticesE+W
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Amendments (Textual)

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.]

[F5111OCompensation for financial lossE+W
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Amendments (Textual)

(1)This section applies if a contact order with respect to a child has been made.

(2)If the court is satisfied that—

(a)an individual has failed to comply with the contact order, and

(b)a person falling within subsection (6) has suffered financial loss by reason of the breach,

it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.

(3)But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the contact order.

(4)The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.

(5)An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss.

(6)A person falls within this subsection if he is—

(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;

(b)the person whose contact with the child concerned is provided for in the contact order;

(c)an individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or

(d)the child concerned.

(7)Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.

(8)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(9)The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.

(10)In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.

(11)An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.

(12)Subsection (2) has effect subject to the restrictions in section 11P.

(13)Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.

(14)In exercising its powers under this section, a court is to take into account the welfare of the child concerned.]

[F5211POrders under section 11O(2): further provisionE+W
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Amendments (Textual)

(1)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a)in the case of a failure to comply with a contact order that was varied before the failure occurred, a notice under section 11I relating to the order varying the contact order or, where more than one such order has been made, the last order preceding the failure in question;

(b)in any other case, a notice under section 11I relating to the contact order.

(2)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order where the failure occurred before the individual attained the age of 18.

(3)A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a contact order that is an excepted order (within the meaning given by section 11B(4)).]

12 Residence orders and parental responsibility.E+W

(1)Where the court makes a residence order in favour of the father of a child it shall, if the father would not otherwise have parental responsibility for the child, also make an order under section 4 giving him that responsibility.

[F53(1A)Where the court makes a residence order in favour of a woman who is a parent of a child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 it shall, if that woman would not otherwise have parental responsibility for the child, also make an order under section 4ZA giving her that responsibility.]

(2)Where the court makes a residence order in favour of any person who is not the parent or guardian of the child concerned that person shall have parental responsibility for the child while the residence order remains in force.

(3)Where a person has parental responsibility for a child as a result of subsection (2), he shall not have the right—

(a)F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to agree, or refuse to agree, to the making of an adoption order, or an order under [F55section 84 of the Adoption and Children Act 2002], with respect to the child; or

(c)to appoint a guardian for the child.

(4)Where subsection (1) [F56or (1A)] requires the court to make an order under section 4 [F57or 4ZA] in respect of the [F58parent] of a child, the court shall not bring that order to an end at any time while the residence order concerned remains in force.

(5)F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I12S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

13 Change of child’s name or removal from jurisdiction.E+W

(1)Where a residence order is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname; or

(b)remove him from the United Kingdom;

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(2)Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by the person in whose favour the residence order is made.

(3)In making a residence order with respect to a child the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

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Commencement Information

I13S. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

14 Enforcement of residence orders.E+W

(1)Where—

(a)a residence order is in force with respect to a child in favour of any person; and

(b)any other person (including one in whose favour the order is also in force) is in breach of the arrangements settled by that order,

the person mentioned in paragraph (a) may, as soon as the requirement in subsection (2) is complied with, enforce the order under section 63(3) of the M8Magistrates’ Courts Act 1980 as if it were an order requiring the other person to produce the child to him.

(2)The requirement is that a copy of the residence order has been served on the other person.

(3)Subsection (1) is without prejudice to any other remedy open to the person in whose favour the residence order is in force.

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Commencement Information

I14S. 14 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

[F61Special guardianshipE+W

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Amendments (Textual)

F61Ss. 14A-14G and heading inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, {art. 2k}

F6214A Special guardianship ordersE+W

(1)A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians).

(2)A special guardian—

(a)must be aged eighteen or over; and

(b)must not be a parent of the child in question,

and subsections (3) to (6) are to be read in that light.

(3)The court may make a special guardianship order with respect to any child on the application of an individual who—

(a)is entitled to make such an application with respect to the child; or

(b)has obtained the leave of the court to make the application,

or on the joint application of more than one such individual.

(4)Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order.

(5)The individuals who are entitled to apply for a special guardianship order with respect to a child are—

(a)any guardian of the child;

(b)any individual in whose favour a residence order is in force with respect to the child;

(c)any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);

(d)a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.[F63;

(e)a relative with whom the child has lived for a period of at least one year immediately preceding the application.]

(6)The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if—

(a)an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or

(b)the court considers that a special guardianship order should be made even though no such application has been made.

(7)No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application—

(a)if the child in question is being looked after by a local authority, to that local authority, or

(b)otherwise, to the local authority in whose area the individual is ordinarily resident.

(8)On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—

(a)the suitability of the applicant to be a special guardian;

(b)such matters (if any) as may be prescribed by the Secretary of State; and

(c)any other matter which the local authority consider to be relevant.

(9)The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so.

(10)The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9).

(11)The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).

(12)Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.

(13)This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.

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Amendments (Textual)

Modifications etc. (not altering text)

C13S. 14A(7) applied (with modifications) (30.12.2005) by 2002 c. 38, ss. 29(6), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

F6414B Special guardianship orders: makingE+W

(1)Before making a special guardianship order, the court must consider whether, if the order were made—

(a)a contact order should also be made with respect to the child, F65. . .

(b)any section 8 order in force with respect to the child should be varied or discharged.

[F66(c)where a contact order made with respect to the child is not discharged, any enforcement order relating to that contact order should be revoked, and

(d)where a contact activity direction has been made as regards contact with the child and is in force, that contact activity direction should be discharged.]

(2)On making a special guardianship order, the court may also—

(a)give leave for the child to be known by a new surname;

(b)grant the leave required by section 14C(3)(b), either generally or for specified purposes.

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Amendments (Textual)

F6714C Special guardianship orders: effectE+W

(1)The effect of a special guardianship order is that while the order remains in force—

(a)a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and

(b)subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).

(2)Subsection (1) does not affect—

(a)the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or

(b)any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.

(3)While a special guardianship order is in force with respect to a child, no person may—

(a)cause the child to be known by a new surname; or

(b)remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(4)Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.

(5)If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to—

(a)each parent of the child with parental responsibility; and

(b)each guardian of the child,

but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.

(6)This section is subject to section 29(7) of the Adoption and Children Act 2002.

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Amendments (Textual)

Modifications etc. (not altering text)

F6814D Special guardianship orders: variation and dischargeE+W

(1)The court may vary or discharge a special guardianship order on the application of—

(a)the special guardian (or any of them, if there are more than one);

(b)any parent or guardian of the child concerned;

(c)any individual in whose favour a residence order is in force with respect to the child;

(d)any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;

(e)the child himself; or

(f)a local authority designated in a care order with respect to the child.

(2)In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1).

(3)The following must obtain the leave of the court before making an application under subsection (1)—

(a)the child;

(b)any parent or guardian of his;

(c)any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;

(d)any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.

(4)Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1).

(5)The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.

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Amendments (Textual)

F6914E Special guardianship orders: supplementaryE+W

(1)In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any rules made by virtue of subsection (3))—

(a)draw up a timetable with a view to determining the question without delay; and

(b)give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.

(2)Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises.

(3)The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that.

(4)A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period.

(5)Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders.

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Amendments (Textual)

F7014F Special guardianship support servicesE+W

(1)Each local authority must make arrangements for the provision within their area of special guardianship support services, which means—

(a)counselling, advice and information; and

(b)such other services as are prescribed,

in relation to special guardianship.

(2)The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.

(3)At the request of any of the following persons—

(a)a child with respect to whom a special guardianship order is in force;

(b)a special guardian;

(c)a parent;

(d)any other person who falls within a prescribed description,

a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

(4)A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services.

(5)Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.

(6)If—

(a)a local authority decide to provide any special guardianship support services to a person, and

(b)the circumstances fall within a prescribed description,

the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review.

(7)The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.

(8)The regulations may in particular make provision—

(a)about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;

(b)about the way in which a plan is to be prepared;

(c)about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed;

(d)about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;

(e)as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);

(f)as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);

(g)as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area;

(h)as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person.

(9)A local authority may provide special guardianship support services (or any part of them) by securing their provision by—

(a)another local authority; or

(b)a person within a description prescribed in regulations of persons who may provide special guardianship support services,

and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section.

(10)A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.

(11)Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority under this section as it applies in relation to the exercise of functions of a local authority under Part 3.

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Amendments (Textual)

F7114G Special guardianship support services: representationsE+W

[F72(1)Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him.

(2)Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).

(3)In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.]]

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Amendments (Textual)

F72S. 14G ceases to have effect (17.1.2005 for E. and 30.12.2005 for W.) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 117(2); S.I. 2005/38, art. 2(b); S.I. 2005/3285, art. 2(1); and s. 14G repealed (prosp.) by that same amending Act, s. 196, {Sch. 14 Pt. 2}

Financial reliefE+W

15 Orders for financial relief with respect to children.E+W

(1)Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of [F73section 6 of Family Law Reform Act 1969]the Guardianship of Minors Acts 1971 and 1973, the M9Children Act 1975 and of sections 15 and 16 of the M10Family Law Reform Act 1987) makes provision in relation to financial relief for children.

(2)The powers of a magistrates’ court under section 60 of the Magistrates’ Courts Act 1980 to revoke, revive or vary an order for the periodical payment of money [F74and the power of the clerk of a magistrates’ court to vary such an order] shall not apply in relation to an order made under Schedule 1.

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Amendments (Textual)

Commencement Information

I15S. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Family assistance ordersE+W

16 Family assistance orders.E+W

(1)Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—

(a)[F75an officer of the Service][F76or a Welsh family proceedings officer] to be made available; or

(b)a local authority to make an officer of the authority available,

to advise, assist and (where appropriate) befriend any person named in the order.

(2)The persons who may be named in an order under this section (“a family assistance order”) are—

(a)any parent [F77, guardian or special guardian] of the child;

(b)any person with whom the child is living or in whose favour a contact order is in force with respect to the child;

(c)the child himself.

(3)No court may make a family assistance order unless—

(a)F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it has obtained the consent of every person to be named in the order other than the child.

(4)A family assistance order may direct—

(a)the person named in the order; or

(b)such of the persons named in the order as may be specified in the order,

to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.

[F79(4A)If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.]

(5)Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F80twelve months] beginning with the day on which it is made.

[F81(6)If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).]

(7)A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—

(a)the authority agree; or

(b)the child concerned lives or will live within their area.

F82(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F82(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I16S. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F8316ARisk assessmentsE+W
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Amendments (Textual)

(1)This section applies to the following functions of officers of the Service or Welsh family proceedings officers—

(a)any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;

(b)any function in connection with an order made by the court in such proceedings.

(2)If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—

(a)make a risk assessment in relation to the child, and

(b)provide the risk assessment to the court.

(3)A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.]

Part IIIE+W+S Local Authority Support for Children and Families

Provision of services for children and their familiesE+W+S

17 Provision of services for children in need, their families and others.E+W

(1)It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—

(a)to safeguard and promote the welfare of children within their area who are in need; and

(b)so far as is consistent with that duty, to promote the upbringing of such children by their families,

by providing a range and level of services appropriate to those children’s needs.

(2)For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.

(3)Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.

(4)The [F84appropriate national authority] may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.

[F85(4A)Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes and feelings regarding the provision of those services; and

(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.]

(5)Every local authority—

(a)shall facilitate the provision by others (including in particular voluntary organisations) of services which [F86“it is a function of the authority] to provide by virtue of this section, or section 18, 20, [F87[F88“22A to 22C] , 23B to 23D, 24A or 24B]; and

(b)may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

(6)The services provided by a local authority in the exercise of functions conferred on them by this section may include [F89providing accommodation and] giving assistance in kind or F90. . . in cash.

(7)Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).

(8)Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.

(9)No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of income support [F91under][F92 Part VII of the Social Security Contributions and Benefits Act 1992,][F93 of any element of child tax credit other than the family element, of working tax credit][F94[F95, of an income-based jobseeker's allowance or of an income-related employment and support allowance]].

(10)For the purposes of this Part a child shall be taken to be in need if—

(a)he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;

(b)his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or

(c)he is disabled,

and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.

(11)For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—

  • development” means physical, intellectual, emotional, social or behavioural development; and

  • health” means physical or mental health.

[F96(12)The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.]

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Amendments (Textual)

F86Words in s. 17(5)(a) substituted (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 1(a); S.I. 2010/2981, art. 4(a)

F88Words in s. 17(5)(a) substituted (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 1(b); S.I. 2010/2981, art. 4(a)

F89Words in s. 17(6) inserted (7.11.2002) by 2002 c. 38, ss. 116(1), 148(1) (with Sch. 4 paras. 6-8)

F90Words in s. 17(6) repealed (1.4.2011 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 24, 42, 44, Sch. 4; S.I. 2010/2981, art. 4(l)

F91Words in s. 17(9) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F93Words in s. 17(9) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F96S. 17(12) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(3); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

Modifications etc. (not altering text)

C16s. 17 excluded (6.12.1999) by S.I. 1999/3056, reg. 12

C17S. 17 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

Commencement Information

I17S. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F9717A Direct paymentsE+W
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Amendments (Textual)

F97S. 17A substituted (16.3.2003 for certain purposes and 8.4.2003 otherwise for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 58, 70(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(1)(b)(2)(a); S.I. 2004/1754, art. 2(2)(b)

(1)The [F98“appropriate national authority] may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.

(2)A person falls within this subsection if he is—

(a)a person with parental responsibility for a disabled child,

(b)a disabled person with parental responsibility for a child, or

(c)a disabled child aged 16 or 17,

and a local authority (“the responsible authority”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.

(3)Subsections (3) to (5) and (7) of section 57 of the 2001 Act shall apply, with any necessary modifications, in relation to regulations under this section as they apply in relation to regulations under that section.

(4)Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—

(a)the payments shall be made at the rate mentioned in subsection (4)(a) of section 57 of the 2001 Act (as applied by subsection (3)); and

(b)subsection (4)(b) of that section shall not apply.

(5)A person falls within this subsection if he is—

(a)a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or

(b)a person who is in receipt of income support F99. . . under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , [F100of any element of child tax credit other than the family element, of working tax credit ]][F101, of an income-based jobseeker's allowance or of an income-related employment and support allowance] .

(6)In this section—

  • the 2001 Act” means the Health and Social Care Act 2001;

  • disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;

  • prescribed” means specified in or determined in accordance with regulations under this section (and has the same meaning in the provisions of the 2001 Act mentioned in subsection (3) as they apply by virtue of that subsection).

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Amendments (Textual)

F99Words in s. 17A(5)(b) repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e) Sch. 1 (subject to savings and transitional provisions in arts. 3, 4)

F100Words in s. 17A(5)(b) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 17; S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

[F10217B Vouchers for persons with parental responsibility for disabled children.E+W

(1)The [F103appropriate national authority] may by regulations make provision for the issue by a local authority of vouchers to a person with parental responsibility for a disabled child.

(2)Voucher” means a document whereby, if the local authority agrees with the person with parental responsibility that it would help him care for the child if the person with parental responsibility had a break from caring, that person may secure the temporary provision of services for the child under section 17.

(3)The regulations may, in particular, provide—

(a)for the value of a voucher to be expressed in terms of money, or of the delivery of a service for a period of time, or both;

(b)for the person who supplies a service against a voucher, or for the arrangement under which it is supplied, to be approved by the local authority;

(c)for a maximum period during which a service (or a service of a prescribed description) can be provided against a voucher.]

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Amendments (Textual)

F102S. 17B inserted (30.4.2003 for E. and otherwise prosp.) by 2000 c. 16, ss. 7(1), 12(2); S.I. 2003/1183, art. 2

F103Words in s. 17B(1) substituted (retrospective to 30.4.2003 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44(2)(b)(9), Sch. 3 para. 4

18 Day care for pre-school and other children.E+W

(1)Every local authority shall provide such day care for children in need within their area who are—

(a)aged five or under; and

(b)not yet attending schools,

as is appropriate.

(2)A local authority [F104in Wales] may provide day care for children within their area who satisfy the conditions mentioned in subsection (1)(a) and (b) even though they are not in need.

(3)A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a)caring for children in day care; or

(b)who at any time accompany such children while they are in day care.

(4)In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).

(5)Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—

(a)outside school hours; or

(b)during school holidays.

(6)A local authority [F105in Wales] may provide such care or supervised activities for children within their area who are attending any school even though those children are not in need.

(7)In this section “supervised activity” means an activity supervised by a responsible person.

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Amendments (Textual)

Commencement Information

I18S. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F10619 Review of provision for day care, child minding etc.E+W

[F107(1)Every local authority in England and Wales shall review—

(a)the provision which they make under section 18;

(b)the extent to which the services of child minders are available within their area with respect to children under the age of eight; and

(c)the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under [F108Part XA].

(2)A review under subsection (1) shall be conducted—

(a)together with the appropriate local education authority; and

(b)at least once in every review period.]

(3)Every local authority in Scotland shall, at least once in every review period, review—

(a)the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and

(b)the extent to which the services of child minders are available within their area with respect to children under the age of eight.

(4)In conducting any such review, [F109the two authorities or, in Scotland,]the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.

(5)In this section—

  • [F110relevant establishment” means—

    (a)

    in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

    (b)

    in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);]

  • review period” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.

(6)Where a local authority have conducted a review under this section they shall publish the result of the review—

(a)as soon as is reasonably practicable;

(b)in such form as they consider appropriate; and

(c)together with any proposals they may have with respect to the matters reviewed.

(7)The authorities conducting any review under this section shall have regard to—

(a)any representations made to any one of them by any relevant [F111Health Authority, Special Health Authority][F112, Primary Care Trust]or health board; and

(b)any other representations which they consider to be relevant.

(8)In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the M11National Health Service (Scotland) Act 1978.]

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Amendments (Textual)

F106S. 19 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F107S. 19(1)(2) repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, ss. 149, 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F108Words in s. 19(1)(c) substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(a); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F109In s. 19(4) words repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, s. 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F110S. 19(5): definition of

relevant establishment

substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(b); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F111Words in s. 19(7)(a) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(2)(with Sch. 2 para. 6)

F112Words in s. 19(7)(a) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(2)

Commencement Information

I19S. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Provision of accommodation for childrenE+W

20 Provision of accommodation for children: general.E+W

(1)Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—

(a)there being no person who has parental responsibility for him;

(b)his being lost or having been abandoned; or

(c)the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

(2)Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—

(a)three months of being notified in writing that the child is being provided with accommodation; or

(b)such other longer period as may be prescribed.

(3)Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.

(4)A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.

(5)A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.

(6)Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes [F113and feelings] regarding the provision of accommodation; and

(b)give due consideration (having regard to his age and understanding) to such wishes [F113and feelings] of the child as they have been able to ascertain.

(7)A local authority may not provide accommodation under this section for any child if any person who—

(a)has parental responsibility for him; and

(b)is willing and able to—

(i)provide accommodation for him; or

(ii)arrange for accommodation to be provided for him,

objects.

(8)Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.

(9)Subsections (7) and (8) do not apply while any person—

(a)in whose favour a residence order is in force with respect to the child; F114. . .

[F115(aa)who is a special guardian of the child; or]

(b)who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,

agrees to the child being looked after in accommodation provided by or on behalf of the local authority.

(10)Where there is more than one such person as is mentioned in subsection (9), all of them must agree.

(11)Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.

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Amendments (Textual)

F113Words in s. 20(6)(a)(b) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(2); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)

Modifications etc. (not altering text)

C18S. 20(8) restricted (30.12.2005) by 2002 c. 38, ss. 30(6), 148 (subject to ss. 31-33) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

Commencement Information

I20S. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

21x Provision of accommodation for children in police protection or detention or on remand, etc.E+W

(1)Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.

(2)Every local authority shall receive, and provide accommodation for, children—

(a)in police protection whom they are requested to receive under section 46(3)(f);

(b)whom they are requested to receive under section 38(6) of the M12Police and Criminal Evidence Act 1984;

(c)who are—

(i)on remand [F116 under [F116F117. . . section]] 23(1) of the M13Children and Young Persons Act 1969; F117. . .

[F118(ia)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (breach etc. of referral orders and reparation orders);]

[F119(ii)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 (breach etc. of youth rehabilitation orders); F120. . . ]

[F121(iia)remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);]

[F122(iii)the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,]

and with respect to whom they are the designated authority.

[F123(2A)In subsection (2)(c)(iii), the following terms have the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 7 of that Act)—

  • “local authority residence requirement”;

  • “youth rehabilitation order”;

  • “youth rehabilitation order with fostering”.]

(3)Where a child has been—

(a)removed under Part V; or

(b)detained under section 38 of the Police and Criminal Evidence Act 1984,

and he is not being provided with accommodation by a local authority or in a hospital vested in the Secretary of State [F124“, the Welsh Ministers][F125or a Primary Care Trust,][F126or otherwise made available pursuant to arrangements made by a [F127Health Authority]][F128Local Health Board][ or a Primary Care Trust], any reasonable expenses of accommodating him shall be recoverable from the local authority in whose area he is ordinarily resident.

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Amendments (Textual)

F116Words in s. 21(2)(c)(i) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 126(a)

F127Words in s. 21(3) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(3) (with Sch. 2 para. 6)

F128Words in s. 21(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(a)}

Commencement Information

I21S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

Duties of local authorities in relation to children looked after by themE+W

22 General duty of local authority in relation to children looked after by them.E+W

(1)In this Act, any reference to a child who is looked after by a local authority is a reference to a child who is—

(a)in their care; or

(b)provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which [F129are social services functions within the meaning of] the M14Local Authority Social Services Act 1970 [F130, apart from functions under sections [F13117] 23B and 24B].

(2)In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.

(3)It shall be the duty of a local authority looking after any child—

(a)to safeguard and promote his welfare; and

(b)to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.

[F132(3A)The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.]

(4)Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a)the child;

(b)his parents;

(c)any person who is not a parent of his but who has parental responsibility for him; and

(d)any other person whose wishes and feelings the authority consider to be relevant,

regarding the matter to be decided.

(5)In making any such decision a local authority shall give due consideration—

(a)having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;

(b)to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and

(c)to the child’s religious persuasion, racial origin and cultural and linguistic background.

(6)If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.

(7)If the [F133appropriate national authority] considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, [F134the appropriate national authority] may give such directions to [F135the local authority] .

(8)Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.

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Amendments (Textual)

F129Words in s. 22(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 19; S.I. 2000/2849, art. 2(f)

F131Word in s. 22(1) inserted (7.11.2002) by 2002 c. 38, ss. 116, 148 (with Sch. 4 paras. 6-8)

F132S. 22(3A) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 52; S.I. 2005/394, art. 2(3)(b); S.I. 2006/885, art. 2(2)

Modifications etc. (not altering text)

C20S. 22(4)(b)-(d)(5)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

Commencement Information

I22S. 22 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14822AProvision of accommodation for children in careE+W
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Amendments (Textual)

F148Ss. 22A-22F substituted (1.9.2009 for E and 26.4.2010 for W. "in so far as it inserts" ss. 22C(11), 22F and 1.4.2011 for E., otherwise prosp.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2891, art. 4(a)

When a child is in the care of a local authority, it is their duty to provide the child with accommodation.

22BMaintenance of looked after childrenE+W

It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.

22CWays in which looked after children are to be accommodated and maintainedE+W

(1)This section applies where a local authority are looking after a child (“C”).

(2)The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).

(3)A person (“P”) falls within this subsection if—

(a)P is a parent of C;

(b)P is not a parent of C but has parental responsibility for C; or

(c)in a case where C is in the care of the local authority and there was a residence order in force with respect to C immediately before the care order was made, P was a person in whose favour the residence order was made.

(4)Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—

(a)would not be consistent with C's welfare; or

(b)would not be reasonably practicable.

(5)If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.

(6)In subsection (5) “placement” means—

(a)placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;

(b)placement with a local authority foster parent who does not fall within paragraph (a);

(c)placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or

(d)subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.

(7)In determining the most appropriate placement for C, the local authority must, subject to the other provisions of this Part (in particular, to their duties under section 22)—

(a)give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;

(b)comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and

(c)comply with subsection (9) unless that is not reasonably practicable.

(8)The local authority must ensure that the placement is such that—

(a)it allows C to live near C's home;

(b)it does not disrupt C's education or training;

(c)if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;

(d)if C is disabled, the accommodation provided is suitable to C's particular needs.

(9)The placement must be such that C is provided with accommodation within the local authority's area.

(10)The local authority may determine—

(a)the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and

(b)the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).

(11)The appropriate national authority may make regulations for, and in connection with, the purposes of this section.

(12)In this Act “local authority foster parent” means a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2.

22DReview of child's case before making alternative arrangements for accommodationE+W

(1)Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.

(2)But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—

(a)to make such arrangements; and

(b)to do so as a matter of urgency.

22EChildren's homes provided by appropriate national authorityE+W

Where a local authority place a child they are looking after in a children's home provided, equipped and maintained by an appropriate national authority under section 82(5), they must do so on such terms as that national authority may from time to time determine.

22FRegulations as to children looked after by local authoritiesE+W

Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).]

[F14922GGeneral duty of local authority to secure sufficient accommodation for looked after childrenE+W
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Amendments (Textual)

F149S. 22G inserted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 9, 44; S.I. 2010/2981, art. 4(b)

(1)It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2)The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—

(a)is within the authority's area; and

(b)meets the needs of those children.

(3)The children referred to in subsection (2) are those—

(a)that the local authority are looking after,

(b)in respect of whom the authority are unable to make arrangements under section 22C(2), and

(c)whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.

(4)In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—

(a)a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and

(b)a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.

(5)In this section “accommodation providers” means—

  • local authority foster parents; and

  • children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.]

[F150VisitingE+W

23ZADuty of local authority to ensure visits to, and contact with, looked after children and othersE+W

(1)This section applies to—

(a)a child looked after by a local authority;

(b)a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.

(2)It is the duty of the local authority—

(a)to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);

(b)to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.

(3)The duties imposed by subsection (2)—

(a)are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;

(b)are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.

(4)Regulations under this section for the purposes of subsection (3)(a) may make provision about—

(a)the frequency of visits;

(b)circumstances in which a person to whom this section applies must be visited by a representative; and

(c)the functions of a representative.

(5)In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.

23ZBIndependent visitors for children looked after by a local authorityE+W
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Amendments (Textual)

F151S. 23ZB inserted (1.9.2009 for E. for certain purposes and 26.4.2010 for W. for certain purposes and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 16(1), 44; S.I. 2009/2273, art. 2(2)(e); S.I. 2010/1329, art. 2(e)

(1)A local authority looking after a child must appoint an independent person to be the child's visitor if—

(a)the child falls within a description prescribed in regulations made by the appropriate national authority; or

(b)in any other case, it appears to them that it would be in the child's interests to do so.

(2)A person appointed under this section must visit, befriend and advise the child.

(3)A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.

(4)A person's appointment as a visitor in pursuance of this section comes to an end if—

(a)the child ceases to be looked after by the local authority;

(b)the person resigns the appointment by giving notice in writing to the appointing authority; or

(c)the authority give him notice in writing that they have terminated it.

(5)The ending of such an appointment does not affect any duty under this section to make a further appointment.

(6)Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—

(a)the child objects to it; and

(b)the authority are satisfied that the child has sufficient understanding to make an informed decision.

(7)Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—

(a)the child objects to its continuing; and

(b)the authority are satisfied that the child has sufficient understanding to make an informed decision.

(8)If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.

(9)The appropriate national authority may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.]]

Advice and assistance for certain children [F152 and young persons]E+W

[F15323A The responsible authority and relevant children.E+W

(1)The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

(2)In subsection (1) “relevant child” means (subject to subsection (3)) a child who—

(a)is not being looked after by any local authority;

(b)was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(c)is aged sixteen or seventeen.

(3)The [F154appropriate national authority] may prescribe—

(a)additional categories of relevant children; and

(b)categories of children who are not to be relevant children despite falling within subsection (2).

(4)In subsection (1) the “responsible local authority” is the one which last looked after the child.

(5)If under subsection (3)(a) the [F155appropriate national authority] prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), [F156the appropriate national authority] may in the regulations also provide for which local authority is to be the responsible local authority for those children.]

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Amendments (Textual)

Modifications etc. (not altering text)

C25S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))

[F15723B Additional functions of the responsible authority in respect of relevant children.E+W

(1)It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.

(2)It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).

(3)It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—

(a)to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and

(b)to prepare a pathway plan for him.

[F158The local authority may carry out such an assessment at the same time as any assessment of his needs is made under any enactment referred to in sub-paragraphs (a) to (c) of paragraph 3 of Schedule 2, or under any other enactment.]

[F158The [F159appropriate national authority] may by regulations make provision as to assessments for the purposes of subsection (3).]

[F158The regulations may in particular make provision about—

(a)who is to be consulted in relation to an assessment;

(b)the way in which an assessment is to be carried out, by whom and when;

(c)the recording of the results of an assessment;

(d)the considerations to which the local authority are to have regard in carrying out an assessment.]

[F158[F160“The local authority] shall keep the pathway plan under regular review.]

(8)The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—

(a)maintaining him;

(b)providing him with or maintaining him in suitable accommodation; and

(c)providing support of such other descriptions as may be prescribed.

(9)Support under subsection (8) may be in cash.

(10)The [F161appropriate national authority] may by regulations make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation.

(11)If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—

(a)consider how to re-establish contact; and

(b)take reasonable steps to do so,

and while the child is still a relevant child must continue to take such steps until they succeed.

(12)Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.

(13)Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.]

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Amendments (Textual)

[F16223C Continuing functions in respect of former relevant children.E+W

(1)Each local authority shall have the duties provided for in this section towards—

(a)a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and

(b)a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,

and in this section such a person is referred to as a “former relevant child”.

(2)It is the duty of the local authority to take reasonable steps—

(a)to keep in touch with a former relevant child whether he is within their area or not; and

(b)if they lose touch with him, to re-establish contact.

(3)It is the duty of the local authority—

(a)to continue the appointment of a personal adviser for a former relevant child; and

(b)to continue to keep his pathway plan under regular review.

(4)It is the duty of the local authority to give a former relevant child—

(a)assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;

(b)assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;

(c)other assistance, to the extent that his welfare requires it.

(5)The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.

[F163(5A)It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.

(5B)The appropriate national authority may by regulations—

(a)prescribe the relevant amount for the purposes of subsection (5A);

(b)prescribe the meaning of “higher education” for those purposes;

(c)make provision as to the payment of the relevant amount;

(d)make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.

(5C)The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).]

(6)Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.

(7)If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—

(a)the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and

(b)the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.

(8)For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.

(9)Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) [F164or who is in receipt of a payment under subsection (5A)] as it applies in relation to a person to whom section 24B(3) applies.

(10)Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.]

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Amendments (Textual)

F163S. 23C(5A)-(5C) inserted (12.2.2009 for certain purposes for E. and otherwise 22.8.2009 for E. and 26.4.2010 for certain purposes for W. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 21(2), 44; S.I. 2009/268, art. 3(1)(d); S.I. 2009/2273, art. 2(1); S.I. 2010/1329, art. 2(g)

F164Words in s. 23C(9) inserted (22.8.2009 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 21(3), 44; S.I. 2009/2273, art. 2(1)

Modifications etc. (not altering text)

C26S. 23C restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F16523CAFurther assistance to pursue education or trainingE+W
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Amendments (Textual)

F165S. 23CA inserted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 22(2), 44; S.I. 2010/2981, art. 4(g) (with art. 6)

(1)This section applies to a person if—

(a)he is under the age of twenty-five or of such lesser age as may be prescribed by the appropriate national authority;

(b)he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and

(c)he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.

(2)It is the duty of the responsible local authority to appoint a personal adviser for a person to whom this section applies.

(3)It is the duty of the responsible local authority—

(a)to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and

(b)to prepare a pathway plan for him.

(4)It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.

(5)The kinds of assistance are—

(a)contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or

(b)making a grant to enable him to meet expenses connected with his education and training.

(6)If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.

(7)For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.

(8)Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.

(9)Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.

(10)Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).

(11)In this section “the responsible local authority” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him.]

[F166 Personal advisers and pathway plans]E+W

[F16723D Personal advisers.E+W

(1)The [F168appropriate national authority] may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of [F169twenty-five] who are not—

(a)children who are relevant children for the purposes of section 23A;

(b)the young persons referred to in section 23C; or

(c)the children referred to in paragraph 19C of Schedule 2.[F170; or

“(d)persons to whom section 23CA applies.]

(2)Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the [F171appropriate national authority] prescribes.]

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Amendments (Textual)

F167Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

[F17223E Pathway plans.E+W

(1)In this Part, a reference to a “pathway plan” is to a plan setting out—

(a)in the case of a plan prepared under paragraph 19B of Schedule 2—

(i)the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and

(ii)when they might cease to look after him; and

(b)in the case of a plan prepared under section 23B [F173or 23CA] , the advice, assistance and support which the local authority intend to provide under this Part,

and dealing with such other matters (if any) as may be prescribed.

[F174(1A)A local authority may carry out an assessment under section 23B(3) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—

(a)the Chronically Sick and Disabled Persons Act 1970;

(b)Part 4 of the Education Act 1996 (in the case of an assessment under section 23B(3));

(c)the Disabled Persons (Services, Consultation and Representation) Act 1986; or

(d)any other enactment.

(1B)The appropriate national authority may by regulations make provision as to assessments for the purposes of section 23B(3) or 23CA.

(1C)Regulations under subsection (1B) may in particular make provision about—

(a)who is to be consulted in relation to an assessment;

(b)the way in which an assessment is to be carried out, by whom and when;

(c)the recording of the results of an assessment;

(d)the considerations to which a local authority are to have regard in carrying out an assessment.

(1D)A local authority shall keep each pathway plan prepared by them under section 23B or 23CA under review.]

(2)The [F175appropriate national authority] may by regulations make provision about pathway plans and their review.]

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Amendments (Textual)

F172Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F173Words in s. 23E(1)(b) inserted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 22(4), 44; S.I. 2010/2981, art. 4(g) (with art. 6)

F174S. 23E(1A)-(1D) inserted (1.9.2009 and 1.4.2011 for E., 26.4.2010 for W., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 22(5), 44; S.I. 2009/2273, art. 2(2)(g); S.I. 2010/1329,{art. 2(h)}; S.I. 2010/2981, art. 4(h) (with art. 6)

[F17624 Persons qualifying for advice and assistance.E+W

[F177(1)In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.

(1A)This subsection applies to a person—

(a)who has reached the age of sixteen but not the age of twenty-one;

(b)with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and

(c)who was, immediately before the making of that order, looked after by a local authority.

(1B)This subsection applies to a person to whom subsection (1A) does not apply, and who—

(a)is under twenty-one; and

(b)at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.]

(2)In [F178subsection (1B)(b)], “looked after, accommodated or fostered” means—

(a)looked after by a local authority;

(b)accommodated by or on behalf of a voluntary organisation;

(c)accommodated in a private children’s home;

(d)accommodated for a consecutive period of at least three months—

(i)by any [F179Local Health Board] , Special Health Authority [F180or Primary Care Trust or by a local authority in the exercise of education functions], or

(ii)in any care home or independent hospital or in any accommodation provided by a National Health Service trust [F181or an NHS foundation trust] ; or

(e)privately fostered.

(3)Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.

(4)In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.

(5)In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“the relevant authority”) is—

[F182(za)in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the [F183appropriate national authority] ;]]

(a)in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or

(b)in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).

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Amendments (Textual)

F176Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F179Words in s. 24(2)(d)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(b)

Modifications etc. (not altering text)

[F18424A Advice and assistance.E+W

(1)The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.

(2)The conditions are that—

(a)he needs help of a kind which they can give under this section or section 24B; and

(b)in the case of a person [F185to whom section 24(1A) applies, or to whom section 24(1B) applies and ] who was not being looked after by any local authority, they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.

(3)If the conditions are satisfied—

(a)they shall advise and befriend him if [F186he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and] he was being looked after by a local authority or was accommodated by or on behalf of a voluntary organisation; and

(b)in any other case they may do so.

(4)Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.

(5)The assistance may be in kind [F187and, in exceptional circumstances, assistance may be given—

(a)by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b)in cash].

(6)Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.]

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Amendments (Textual)

F184Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F187Words in s. 24A(5) substituted (7.11.2002) by 2002 c. 38, ss. 116(3), 148 (with Sch. 4 paras. 6-8)

Modifications etc. (not altering text)

C28S. 24A restricted (8.1.2002) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F18824B Employment, education and training.E+W

(1)The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of [F189section 24(1A) or] section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.

(2)The relevant local authority may give assistance to a person to whom subsection (3) applies by—

(a)contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or

(b)making a grant to enable him to meet expenses connected with his education or training.

(3)This subsection applies to any person who—

(a)is under [F190twenty-five] ; and

(b)qualifies for advice and assistance by virtue of [F189section 24(1A) or] section 24(2)(a), or would have done so if he were under twenty-one.

(4)Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.

(5)Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—

(a)providing him with suitable accommodation during the vacation; or

(b)paying him enough to enable him to secure such accommodation himself.

(6)The [F191appropriate national authority] may prescribe the meaning of “full-time”, “further education”, “higher education” and “vacation” for the purposes of subsection (5).]

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Amendments (Textual)

F188Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F190Word in s. 24B(3)(a) substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 23(2), 44; S.I. 2010/2981, art. 4(h)

Modifications etc. (not altering text)

C29S. 24B restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F19224CInformation.E+W
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Amendments (Textual)

F192Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

(1)Where it appears to a local authority that a person—

(a)with whom they are under a duty to keep in touch under section 23B, 23C or 24; or

(b)whom they have been advising and befriending under section 24A; or

(c)to whom they have been giving assistance under section 24B,

proposes to live, or is living, in the area of another local authority, they must inform that other authority.

(2)Where a child who is accommodated—

(a)by a voluntary organisation or in a private children’s home;

(b)by any [F193Local Health Board] , Special Health Authority [F194or Primary Care Trust or by a local authority in the exercise of education functions]; or

(c)in any care home or independent hospital or any accommodation provided by a National Health Service trust [F195or an NHS foundation trust] ,

ceases to be so accommodated, after reaching the age of sixteen, the organisation, authority or (as the case may be) person carrying on the home shall inform the local authority within whose area the child proposes to live.

(3)Subsection (2) only applies, by virtue of paragraph (b) or (c), if the accommodation has been provided for a consecutive period of at least three months.

[F196(4)In a case where a child was accommodated by a local authority in the exercise of education functions, subsection (2) applies only if the local authority who accommodated the child are different from the local authority within whose area the child proposes to live.]]

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Amendments (Textual)

F193Words in s. 24C(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(c)

Modifications etc. (not altering text)

[F19724D Representations: sections 23A to 24B.E+W
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Amendments (Textual)

(1)Every local authority shall establish a procedure for considering representations (including complaints) made to them by—

(a)a relevant child for the purposes of section 23A or a young person falling within section 23C;

(b)a person qualifying for advice and assistance; or

(c)a person falling within section 24B(2),

about the discharge of their functions under this Part in relation to him.

[F198(1A)Regulations may be made by the [F199appropriate national authority] imposing time limits on the making of representations under subsection (1).]

(2)In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the [F200appropriate national authority] for the purposes of this subsection.]

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Amendments (Textual)

Secure accommodationE+W+S

25 Use of accomodation for restricting liberty.E+W+S

(1)Subject to the following provisions of this section, a child who is being looked after by a local authority may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a)that—

(i)he has a history of absconding and is likely to abscond from any other description of accommodation; and

(ii)if he absconds, he is likely to suffer significant harm; or

(b)that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2)The [F201appropriate national authority] may by regulations—

(a)specify a maximum period—

(i)beyond which a child may not be kept in secure accommodation without the authority of the court; and

(ii)for which the court may authorise a child to be kept in secure accommodation;

(b)empower the court from time to time to authorise a child to be kept in secure accommodation for such further period as the regulations may specify; and

(c)provide that applications to the court under this section shall be ade only by local authorities.

(3)It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.

(4)If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.

(5)On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

(6)No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for [F202representation funded by the Legal Services Commission as part of the Community Legal Service or Criminal Defence Service] and having had the opportunity to do so, he refused or failed to apply.

(7)The [F201appropriate national authority] may by regulations provide that—

(a)this section shall or shall not apply to any description of children specified in the regulations;

(b)this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;

(c)such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation.

(8)The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.

(9)This section is subject to section 20(8).

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Extent Information

E2S. 25 extends to England and Wales with the exception of s. 25(8) which extends to Great Britain. See s. 108(11)(12).

Amendments (Textual)

F202Words in s. 25(6) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para. 45 (with 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to arts. 3, 4 and with art. 5)

Modifications etc. (not altering text)

C31S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(1).

S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(2).

S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 6(1).

S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 7(1).

Commencement Information

I24S. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F203Independent reviewing officersE+W

25AAppointment of independent reviewing officerE+W

(1)If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

(2)The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

(3)If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4)An appointee must be of a description prescribed in regulations made by the appropriate national authority.

25BFunctions of the independent reviewing officerE+W

(1)The independent reviewing officer must—

(a)monitor the performance by the local authority of their functions in relation to the child's case;

(b)participate, in accordance with regulations made by the appropriate national authority, in any review of the child's case;

(c)ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d)perform any other function which is prescribed in regulations made by the appropriate national authority.

(2)An independent reviewing officer's functions must be performed—

(a)in such manner (if any) as may be prescribed in regulations made by the appropriate national authority; and

(b)having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3)If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

(a)an officer of the Children and Family Court Advisory and Support Service; or

(b)a Welsh family proceedings officer.

(4)If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a)to co-operate with that individual; and

(b)to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

25CReferred casesE+W
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Amendments (Textual)

F204S. 25C inserted (1.4.2011 for E., otherwise prosp) by Children and Young Persons Act 2008 (c. 23), ss. 10(2), 44

(1)In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—

(a)extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b)require any functions of the officers to be performed in the manner prescribed by the regulations.

(2)The power to make regulations in this section is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the Welsh Ministers.]

X126 Review of cases and inquiries into representations.E+W

(1)The [F205appropriate national authority] may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

(2)The regulations may, in particular, make provision—

(a)as to the manner in which each case is to be reviewed;

(b)as to the considerations to which the local authority are to have regard in reviewing each case;

(c)as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

(d)requiring the authority, before conducting any review, to seek the views of—

(i)the child;

(ii)his parents;

(iii)any person who is not a parent of his but who has parental responsibility for him; and

(iv)any other person whose views the authority consider to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e)requiring the authority F206. . . , in the case of a child who is in their care

[F207(i)to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

(ii)to consider], whether an application should be made to discharge the care order;

(f)requiring the authority F208. . . , in the case of a child in accommodation provided by the authority

[F209(i)if there is no plan for the future care of the child, to prepare one,

(ii)if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

(iii)to consider], whether the accommodation accords with the requirements of this Part;

(g)requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;

(h)requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;

(i)requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—

(i)the child;

(ii)his parents;

(iii)any person who is not a parent of his but who has parental responsibility for him; and

(iv)any other person whom they consider ought to be notified;

(j)requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.

[F211for the authority to appoint a person in respect of each case to carry out in the prescribed manner the functions mentioned in subsection (2A) and any prescribed function]]

[F213The functions referred to in subsection (2)(k) are—

(a)participating in the review of the case in question,

(b)monitoring the performance of the authority’s functions in respect of the review,

(c)referring the case to an officer of the Children and Family Court Advisory and Support Service [F214or a Welsh family proceedings officer], if the person appointed under subsection (2)(k) considers it appropriate to do so.]

[F213A person appointed under subsection (2)(k) must be a person of a prescribed description.]

[F213In relation to children whose cases are referred to officers under subsection (2A)(c), the Lord Chancellor may by regulations—

(a)extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings,

(b)require any functions of the officers to be performed in the manner prescribed by the regulations.]]

[F213The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the [F216Welsh Ministers].]]

(3)Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—

(a)any child who is being looked after by them or who is not being looked after by them but is in need;

(b)a parent of his;

(c)any person who is not a parent of his but who has parental responsibility for him;

(d)any local authority foster parent;

(e)such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,

about the discharge by the authority of any of their [F217qualifying functions ]in relation to the child.

[F218(3A)The following are qualifying functions for the purposes of subsection (3)—

(a)functions under this Part,

(b)such functions under Part 4 or 5 as are specified by the [F219appropriate national authority] in regulations.

(3B)The duty under subsection (3) extends to representations (including complaints) made to the authority by—

(a)any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

(b)such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the [F220appropriate national authority] in regulations.]

[F221(3C)The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

(a)a child with respect to whom a special guardianship order is in force,

(b)a special guardian or a parent of such a child,

(c)any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

(d)any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the [F222appropriate national authority] in regulations.]

(4)The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—

(a)the consideration; and

(b)any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration

[F223but this subsection is subject to subsection (5A).]

[F224(4A)Regulations may be made by the [F225appropriate national authority] imposing time limits on the making of representations under this section.]

(5)In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the [F226appropriate national authority] for the purpose of regulating the procedure to be followed.

[F227(5A)Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.]

(6)The [F228appropriate national authority] may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).

(7)Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—

(a)have due regard to the findings of those considering the representation; and

(b)take such steps as are reasonably practicable to notify (in writing)—

(i)the person making the representation;

(ii)the child (if the authority consider that he has sufficient understanding); and

(iii)such other persons (if any) as appear to the authority to be likely to be affected,

of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.

(8)Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.

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Editorial Information

X1The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

F206Words in s. 26(2)(e) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F208Words in s. 26(2)(f) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F217Words in s. 26(3) substituted (30.12.2005) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F218S. 26(3A)(3B) inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 117(4), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi); S.I. 2005/2213, art. 2(k)

F223Words in s. 26(4) inserted (30.12.2005 ) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

Commencement Information

I25S. 26 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

26ZAX2Representations: further considerationE+W
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Amendments (Textual)

F229S. 26ZA inserted (20.11.2003 for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 116(1), 199

F230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X2The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

X326ZBRepresentations: further consideration (Wales)E+W
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

(1)The [F232Welsh Ministers] may by regulations make provision for the further consideration of representations which have been considered by a local authority in Wales under section 24D or section 26.

(2)The regulations may in particular make provision—

(a)for the further consideration of a representation by an independent panel established under the regulations;

(b)about the procedure to be followed on the further consideration of a representation;

(c)for the making of recommendations about the action to be taken as the result of a representation;

(d)about the making of reports about a representation;

(e)about the action to be taken by the local authority concerned as a result of the further consideration of a representation;

(f)for a representation to be referred back to the local authority concerned for reconsideration by the authority.

(3)The regulations may require—

(a)the making of a payment, in relation to the further consideration of a representation under this section, by any local authority in respect of whose functions the representation is made;

(b)any such payment to be—

(i)made to such person or body as may be specified in the regulations;

(ii)of such amount as may be specified in, or calculated or determined under, the regulations; and

(c)for an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4)The regulations may also—

(a)provide for different parts or aspects of a representation to be treated differently;

(b)require the production of information or documents in order to enable a representation to be properly considered;

(c)authorise the disclosure of information or documents relevant to a representation to a person or body who is further considering a representation under the regulations;

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.]

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Editorial Information

X3The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

X426A Advocacy servicesE+W

(1)Every local authority shall make arrangements for the provision of assistance to—

(a)persons who make or intend to make representations under section 24D; and

(b)children who make or intend to make representations under section 26.

(2)The assistance provided under the arrangements shall include assistance by way of representation.

[F234(2A)The duty under subsection (1) includes a duty to make arrangements for the provision of assistance where representations under section 24D or 26 are further considered under section F235. . . 26ZB.]

(3)The arrangements—

(a)shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the [F236appropriate national authority]; and

(b)shall comply with any other provision made by the regulations in relation to the arrangements.

(4)The [F237appropriate national authority] may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).

(5)Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.]

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Editorial Information

X4The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

F233S. 26A inserted (30.1.2004 for certain purposes and otherwise 1.4.2004) by 2002 c. 38, ss. 119, 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(3)(4)(b)

27X5 Co-operation between authorities.E+W

(1)Where it appears to a local authority that any authority F238. . . mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority F238. . . specifying the action in question.

(2)An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

(3)The [F239authorities] are—

(a)any local authority;

(b)F240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any local housing authority;

(d)any [F241[F242Local Health Board], Special Health Authority][F243, Primary Care Trust][F244, National Health Service trust or NHS foundation trust]; and

(e)any person authorised by the [F245appropriate national authority] for the purposes of this section.

F246(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X5The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

F241Words in s. 27(3)(d) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(5)(with Sch. 2, para. 6)

F242Words in s. 27(3)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(d)}

F243Words in s. 27(3)(d) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(5)

Commencement Information

I26S. 27 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

28X6 Consultation with local education authorities.E+W

F247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Editorial Information

X6The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

Commencement Information

I27S. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

29X7 Recoupment of cost of providing services etc.E+W

(1)Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.

(2)Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.

(3)No person shall be liable to pay any charge under subsection (1) [F248for a service provided under section 17 or section 18(1) or (5)] at any time when he is in receipt of income support [F249under][F250Part VII of the Social Security Contributions and Benefits Act 1992][F251, of any element of child tax credit other than the family element, of working tax credit][F252, of an income-based jobseeker's allowance or of an income-related employment and support allowance].

[F253(3A)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F252, of an income-based jobseeker's allowance or of an income-related employment and support allowance].]

[F254(3B)No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—

(a)he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or

(b)he is a member of a [F255couple] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.]

(4)The persons are—

(a)where the service is provided for a child under sixteen, each of his parents;

(b)where it is provided for a child who has reached the age of sixteen, the child himself; and

(c)where it is provided for a member of the child’s family, that member.

(5)Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(6)Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M15Child Care Act 1980.

(7)Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(8)Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority and they are not maintaining him in—

(a)a community home provided by them;

(b)a controlled community home; or

(c)a hospital vested in the Secretary of State [F256, the Welsh Ministers][F257or a Primary Care Trust][F258or any other hospital made available pursuant to arrangements made by [F259a Strategic Health Authority,] a [F260Local Health Board][F257or a Primary Care Trust,]],

they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(9)[F261Except where subsection (10) applies,] Where a local authority comply with any request under section 27(2) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority in whose area the child or person is ordinarily resident any [F262reasonable expenses] incurred by them in respect of that person.

[F263(10)Where a local authority (“authority A”) comply with any request under section 27(2) from another local authority (“authority B”) in relation to a child or other person—

(a)whose responsible authority is authority B for the purposes of section 23B or 23C; or

(b)whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),

authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]

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Editorial Information

X7The prospective insertion of the new heading "Independent reviewing officers" in Pt. III gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

F248Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F249Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F251Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F252Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)

F253S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F254S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F257Words in s. 29(8)(c) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(6)

F260Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}

F261Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2

Commencement Information

I28S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

X830 Miscellaneous.E+W

(1)Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.

(2)Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the [F264determining authority].

[F265(2A)For the purposes of subsection (2) “the determining authority” is—

(a)in a case where all the local authorities concerned are in Wales, the Welsh Ministers;

(b)in any other case, the Secretary of State.

(2B)In a case where—

(a)the determining authority is the Secretary of State, and

(b)one or more of the local authorities concerned are in Wales,

the Secretary of State must consult the Welsh Ministers before making a determination for the purposes of subsection (2).]

(3)F266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The [F267appropriate national authority] may make regulations for determining, as respects any [F268education] functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.

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Editorial Information

X8The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Amendments (Textual)

Commencement Information

I29S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

X930AMeaning of appropriate national authorityE+W
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

In this Part “the appropriate national authority” means—

(a)in relation to England, the Secretary of State; and

(b)in relation to Wales, the Welsh Ministers.]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Editorial Information

X9The insertion of the new heading "Independent reviewing officers" in Pt. III on (1.9.2009) gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Part IVE+W Care and Supervision

GeneralE+W

31 Care and SupervisionE+W

(1)On the application of any local 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 local authority; or

(b)putting him under the supervision of a designated local authority F270. . ..

(2)A court may only make a care order or 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)No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).

[F271(3A)No care order may be made with respect to a child until the court has considered a section 31A plan.]

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

(5)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.

(6)Where an authorised person proposes to make an application under this section he shall—

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

(b)before making the application,

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

(7)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 order, or supervision order, which has not been disposed of; or

(b)subject to—

(i)a care order or supervision order;

[F272(ii)a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008; or]

(iii)a supervision requirement within the meaning of [F273Part II of the Children (Scotland) Act 1995].

(8)The local 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 a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.

(9)In this section—

  • authorised person” means—

    (a)

    the National Society for the Prevention of Cruelty to Children and any of its officers; and

    (b)

    any person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;

  • harm” means ill-treatment or the impairment of health or development [F274including, for example, impairment suffered from seeing or hearing the ill-treatment of another];

  • development” means physical, intellectual, emotional, social or behavioural development;

  • health” means physical or mental health; and

  • ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

(10)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.

(11)In this Act—

  • a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

  • a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an int