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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.

[F1(2A)A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.

(2B)In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.]

(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 [F2a 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.

[F3(6)In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—

(a)is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and

(b)is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.

(7)The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).]

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Amendments (Textual)

F2Words 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)

C11S. 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.

[F4(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 [F5shall 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.]

[F6(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)

F5Words 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 [F7, 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.]

[F8(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 [F9Secretary 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.

[F10(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)

F7Words 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)

F10S. 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)

[F114ZAAcquisition of parental responsibility by second female parentE+W

(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.]

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Amendments (Textual)

[F124A Acquisition of parental responsibility by step-parentE+W

(1)Where a child’s parent (“parent A”) who has parental responsibility for the child is married to [F13, 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 [F14parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and] has died while the order was in force [F15; 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 [F16; 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 [F17child arrangements order was in force in which the person was named as a person with whom the child was to live or the person][F18was 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 [F19child arrangements] order referred to in paragraph (b) of those subsections [F20also named] a surviving parent of the child [F21as a person with whom the child was to live].

(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)

F14Words in s. 5(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F15S. 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)

F16Words 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)

F17Words in s. 5(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F18Words 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)

F19Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F20Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21Words in s. 5(9) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

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.

[F22(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.]

[F23(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)

F22S. 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 [F24an officer of the Service][F25or 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 [F24an officer of the Service][F25or 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 [F26, 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 [F24officer of the Service][F25or a Welsh family proceedings officer] to comply with any request for a report under this section.

[F27(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)

F26Words 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)

F27S. 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 [F28Child arrangements orders] and other orders with respect to children.E+W

(1)In this Act —

  • "[F29child arrangements order" means an order regulating arrangements relating to any of the following—

    (a)

    with whom a child is to live, spend time or otherwise have contact, and

    (b)

    when a child is to live, spend time or otherwise have contact with any person;]

  • F30...

  • 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;

  • F30...

  • 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;

[F31(ba)Schedule 5 to the Civil Partnership Act 2004;]

[F32(c) the M4 Domestic Violence and Matrimonial Proceedings Act 1976;

(d)the Adoption and Children Act 2002;]

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

[F33(ea)Schedule 6 to the Civil Partnership Act 2004;]

[F32(f) sections 1 and 9 of the M6 Matrimonial Homes Act 1983; ]

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

F34 [( h )the Family Law Act 1996]

[F35(i)sections 11 and 12 of the Crime and Disorder Act 1998.]

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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)

F28Words in s. 8 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 3; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F29Words in s. 8(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 12(3), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F30Words in s. 8(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 12(2), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F35S. 8(4)(i) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 68; S.I. 1998/2327, art. 2(1)(y)(2)(u) (subject to arts. 5-8)

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 [F36child arrangements order to which subsection (6B) applies], 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 [F37child arrangements] 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 [F38one year] preceding the application.

(4)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F40child arrangements] order [F41 or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact)]; 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)[F42No court shall make a [F43section 8] 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.

[F44(6A)Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.

(6B)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(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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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)

F36Words in s. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F37Words in s. 9(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F38Words 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)

F40Words in s. 9(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F41Words in s. 9(5)(a) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(7), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F42Words 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)

F43Words in s. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F44S. 9(6A)(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

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 [F45, guardian or special guardian] of the child;

[F46(aa)any person who by virtue of section 4A has parental responsibility for the child;]

[F47(b)any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.]

(5)The following persons are entitled to apply for a [F48child arrangements] 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;

[F49(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—

[F50(i)in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;]

(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.

[F51(d)any person who has parental responsibility for the child by virtue of provision made under section 12(2A).]

[F52(5A)A local authority foster parent is entitled to apply for a [F53child arrangements order to which subsection (5C) applies ] with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.]

[F54(5B)A relative of a child is entitled to apply for a [F55child arrangements order to which subsection (5C) applies ] 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.]

[F56(5C)This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(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 [F57child arrangements] order, he is named in [F58provisions of the order regulating arrangements relating to—

(i)with whom the child concerned is to spend time or otherwise have contact, or

(ii)when the child is to spend time or otherwise have contact with any person.]

(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.

[F59(7A)If a special guardianship order is in force with respect to a child, an application for a [F60child arrangements order to which subsection (7B) applies ] may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.]

[F61(7B)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

(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)

F45Words in s. 10(4)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F46S. 10(4)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F47S. 10(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F48Words in s. 10(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F50S. 10(5)(c)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F51S. 10(5)(d) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F53Words in s. 10(5A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F55Words in s. 10(5B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F56S. 10(5C) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F57Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F58Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F60Words in s. 10(7A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F61S. 10(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

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 [F62provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ]

(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.

F63(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where—

(a)a [F64child arrangements] order has been made with respect to a child; and

(b)[F65the child has] two parents who each have parental responsibility for him,

the[F66order, so far as it has the result that there are times when the child lives or is to live with one of the parents,] shall cease to have effect if the parents live together for a continuous period of more than six months.

(6)[F67A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's 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—

[F68(i)who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;]

(ii)who is a parent of the child F69...;

(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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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)

F62Words in s. 11(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(5), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F63S. 11(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F64Words in s. 11(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F65Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F66Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F67Words in s. 11(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F68S. 11(7)(b)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F69Word in s. 11(7)(b)(ii) omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Modifications etc. (not altering text)

C13S. 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)

[F7111AF70... Activity directionsE+W

[F72(1)Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—

(a)a child arrangements order with respect to the child concerned, or

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

(1A)The matters mentioned in this subsection are—

(a)with whom a child is to live,

(b)when a child is to live with any person,

(c)with whom a child is to spend time or otherwise have contact, and

(d)when a child is to spend time or otherwise have contact with any person.

(2)The court may make an activity direction in connection with the provision that the court is considering whether to make.

(2A)Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—

(a)whether a person has failed to comply with a provision of a child arrangements order, or

(b)what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.

(2B)The court may make an activity direction in connection with that provision of the child arrangements order.

(3)An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.]

(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 [F73involvement in a child's life];

(ii)may, by addressing a person's violent behaviour, enable or facilitate [F74involvement in a child's life];

(b)sessions in which information or advice is given as regards making or operating arrangements for [F75involvement in a child's life], including making arrangements by means of mediation.

(6)No individual may be required by [F76an] 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 [F77an activity direction under subsection (2) ], and

(b)dispose finally of the proceedings as they relate to [F78the matters mentioned in subsection (1A) in connection with which the activity direction is made].

(8)[F79Each of subsections (2) and (2B)] has effect subject to the restrictions in sections 11B and 11E.

(9)In considering whether to make [F80an]activity direction, the welfare of the child concerned is to be the court's paramount consideration.]

[F81(7A)A court may not on the same occasion—

(a)make an activity direction under subsection (2B), and

(b)dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.]

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Amendments (Textual)

F70Word in s. 11A(9) omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(9); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F72Ss. 11A(1)(1A)(2)(2A)(2B)(3) substituted for ss. 11A(1)-(3) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F73Words in s. 11A(5)(a)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F74Words in s. 11A(5)(a)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F75Words in s. 11A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F76Word in s. 11A(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F77Words in s. 11A(7)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F78Words in s. 11A(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F79Words in s. 11A(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F80Word in s. 11A(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F81S. 11A(7A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F8311BF82... Activity directions: further provisionE+W

(1)A court may not make [F84an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) ] unless there is a dispute as regards the provision [F85about that matter] that the court is considering whether to make in the proceedings.

(2)A court may not make [F86an] 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 [F87about a matter mentioned in section 11A(1A)].

(3)A court may not make [F88an activity] activity direction in connection with the making, variation or discharge of a [F89child arrangements order ], if the[F89child arrangements order ] is, or would if made be, an excepted order.

(4)A [F90child arrangements 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

[F91(iii) by virtue of an application under section   30 of the Adoption and Children (Scotland) Act 2007 where subsection   (3) of that section applies; 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 [F92an] 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.]

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Amendments (Textual)

F82Word in s. 11B omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F84Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F85Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F86Word in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F87Words in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F88Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F89Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F90Words in s. 11B(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F92Word in s. 11B(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F9311CF94... Activity conditionsE+W

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

[F95(a)a child arrangements order containing—

(i)provision for a child to live with different persons at different times,

(ii)provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or

(iii)provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or

(b)an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).]

(2)The [F96child arrangements order ] may impose, or the [F96child arrangements order ] may be varied so as to impose, a condition [F97(an “activity condition”) ] requiring an individual falling within subsection (3) to take part in an activity that [F98would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a)that individual, or

(b)another individual who is a party to the proceedings.]

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

(a)for the purposes of the [F99child arrangements order] so made or varied, [F100a person] with whom the child concerned lives or is to live;

(b)[F101a 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 [F102an] activity condition as they have effect as regards the activities that may be required by [F102an] activity direction.

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

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Amendments (Textual)

F94Word in s. 11C omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F95S. 11C(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F96Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F97Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F98Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F99Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F100Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F101Words in s. 11C(3)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F102Word in s. 11C(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F10311DF104... Activity conditions: further provisionE+W

(1)A [F105child arrangements order] may not impose [F106an activity ] condition on an individual who is a child unless the individual is a parent of the child concerned.

(2)If a [F107child arrangements 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 [F108an activity] condition.

(3)A [F109child arrangements order] may not impose [F110an 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.]

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Amendments (Textual)

F104Word in s. 11D omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F105Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F106Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F107Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F108Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F109Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F110Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F11211EF111...Activity directions and conditions: makingE+W

(1)Before making [F113an activity] direction (or imposing [F113an activity] condition by means of a [F114child arrangements 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 [F115an] activity direction (or in [F115an] activity condition). ]

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Amendments (Textual)

F111Word in s. 11E heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F113Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F114Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F115Word in s. 11E(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F11611FF117... Activity directions and conditions: financial assistanceE+W

(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 [F118an activity] direction or condition to take part in an activity that [F119is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] 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 [F118an activity] direction or condition to take part in an activity that [F120is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] a child who is ordinarily resident in Wales.

(5)A relevant charge or fee, in relation to an activity required by [F118an 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 [F118an 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 [F118an 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 [F118an 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 [F118an 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 [F118an activity] direction or condition.]

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Amendments (Textual)

F117Word in s. 11F heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F118Words in s. 11F substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F119Words in s. 11F(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F120Words in s. 11F(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F12211GF121... Activity directions and conditions: monitoringE+W

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

(a)makes [F123an activity ] direction in relation to an individual, or

(b)makes a [F124child arrangements order ] that imposes, or varies a [F124child arrangements order ] so as to impose, [F123an activity ] condition on an individual.

(2)The court may on making the direction (or imposing the condition by means of a [F125child arrangements 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).]

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Amendments (Textual)

F121Word in s. 11G heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F123Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F124Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F125Words in s. 11G(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F12611HMonitoring contact [F127and shared residence]E+W

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

[F128(a)a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b)an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.]

(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 [F129each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements 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 [F130child arrangements order ] so made (or the [F130child arrangements order ] as so varied)—

[F131(za)provides for the child concerned to live with different persons at different times and names the individual as one of those persons;

(a)imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;

(b)names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or]

(4)If the [F132child arrangements order] (or the [F132child arrangements order] as varied) includes [F133an activity] condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than [F134the activity] condition.

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

(a)on making the [F135child arrangements order](or the order varying the [F135child arrangements order]), or

(b)at any time during the subsequent course of the proceedings as they relate to contact with the child concerned [F136or to the child's living arrangements].

(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 [F137child arrangements] order that is an excepted order (within the meaning given by section 11B(4)).]

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Amendments (Textual)

F127Words in s. 11H heading inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F128S. 11H(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F129Words in s. 11H(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F130Words in s. 11H(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F131S. 11H(3)(a)(b)(za) substituted for s. 11H(3)(a)(b) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F132Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F133Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F134Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F135Words in s. 11H(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F136Words in s. 11H(5)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F137Words in s. 11H(10) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F13811I[F139Child arrangements ] orders: warning noticesE+W

Where the court makes (or varies) a [F140child arrangements] order, it is to attach to the [F140child arrangements] order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the [F140child arrangements] order.]

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Amendments (Textual)

F139Words in s. 11I heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F140Words in s. 11I substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F14111JEnforcement ordersE+W

(1)This section applies if a [F142child arrangements] 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 [F143a provision of the child arrangements] 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 [F144provision ].

(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 [F145child arrangements order ] only on the application of—

(a)[F146a person] who is, for the purposes of the [F145child arrangements order ], the person with whom the child concerned lives or is to live;

(b)[F147a person] whose contact with the child concerned is provided for in the [F145child arrangements order ];

(c)any individual subject to a condition under section 11(7)(b) or [F148an activity] condition imposed by the [F145child arrangements order ]; or

(d)the child concerned.

(6)Where the person proposing to apply for an enforcement order in relation to a [F149child arrangements] 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.]

F150(13). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F142Words in s. 11J(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F143Words in s. 11J(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F144Word in s. 11J(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F145Words in s. 11J(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F146Words in s. 11J(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F147Words in s. 11J(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F148Words in s. 11J(5)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F149Words in s. 11J(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F150S. 11J(13) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 103; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F15111KEnforcement orders: further provisionE+W

(1)A court may not make an enforcement order against a person in respect of a failure to comply with a [F152provision of a child arrangements 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 [F153a provision of a child arrangements order where the order ] was varied before the failure occurred, a notice under section 11I relating to the order varying [F154the child arrangements] 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 [F155child arrangements] order.

(2)A court may not make an enforcement order against a person in respect of any failure to comply with a [F156provision of a child arrangements]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 [F157provision of a child arrangements order where the child arrangements order] 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.]

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Amendments (Textual)

F152Words in s. 11K(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F153Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F154Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F155Words in s. 11K(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F156Words in s. 11K(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F157Words in s. 11K(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F15811LEnforcement orders: makingE+W

(1)Before making an enforcement order as regards a person in breach of [F159a provision of a child arrangements ] order, the court must be satisfied that—

(a)making the enforcement order proposed is necessary to secure the person's compliance with the[F160child arrangements ] order or any [F160child arrangements ] 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 F161....

(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 [F162provision of a child arrangements] 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 [F163child arrangements] order, a court must take into account the welfare of the child who is the subject of the contact order.]

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Amendments (Textual)

F159Words in s. 11L(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F160Words in s. 11L(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F161Words in s. 11L(1)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F162Words in s. 11L(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F163Words in s. 11L(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F16411MEnforcement orders: monitoringE+W

(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.]

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Amendments (Textual)

[F16511NEnforcement orders: warning noticesE+W

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.]

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Amendments (Textual)

[F16611OCompensation for financial lossE+W

(1)This section applies if a [F167child arrangements] order with respect to a child has been made.

(2)If the court is satisfied that—

(a)an individual has failed to comply with [F168a provision of the child arrangements] 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 [F169particular provision of the child arrangements] 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)[F170a person] who is, for the purposes of the [F171child arrangements order], [F170a person] with whom the child concerned lives or is to live;

(b)[F172a person] whose contact with the child concerned is provided for in the [F171child arrangements order];

(c)an individual subject to a condition under section 11(7)(b) or [F173an 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.]

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Amendments (Textual)

F167Words in s. 11O(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F168Words in s. 11O(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F169Words in s. 11O(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F170Words in s. 11O(6)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F171Words in s. 11O(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F172Words in s. 11O(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F173Words in s. 11O(6)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F17411POrders under section 11O(2): further provisionE+W

(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 [F175provision of a child arrangements 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 [F176 a provision of a child arrangements order where the order]was varied before the failure occurred, a notice under section 11I relating to the order varying [F177the child arrangements] 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 [F178child arrangements] 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 [F179provision of a child arrangements ] 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 [F180provision of a child arrangements order where the child arrangements order] is an excepted order (within the meaning given by section 11B(4)).]

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Amendments (Textual)

F175Words in s. 11P(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F176Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F177Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F178Words in s. 11P(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F179Words in s. 11P(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F180Words in s. 11P(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

12[F181Child arrangements] orders and parental responsibility.E+W

[F182(1)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.

(1A)Where—

(a)the court makes a child arrangements order with respect to a child,

(b)the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and

(c)the father, or the woman, would not otherwise have parental responsibility for the child,

the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.]

(2)Where the court makes a [F183child arrangements order and a person who is not a] parent or guardian of the child concerned [F184 is named in the order as a person with whom the child is to live, ]that person shall have parental responsibility for the child while the [F185order remains in force so far as providing for the child to live with that person].

[F186(2A)Where the court makes a child arrangements order and—

(a)a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but

(b)the person is not named in the order as a person with whom the child is to live,

the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.]

(3)Where a person has parental responsibility for a child as a result of subsection (2) [F187or (2A) ], he shall not have the right—

(a)F188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to agree, or refuse to agree, to the making of an adoption order, or an order under [F189section 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) F190... requires the court to make an order under section 4 [F191or 4ZA] [F192in respect of a][F193parent] of a child, the court shall not bring that order to an end at any time while the [F194child arrangements order concerned remains in force so far as providing for the child to live with that parent].

(5)F195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F181Words in s. 12 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F182S. 12(1)(1A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F183Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F184Words in s. 12(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F185Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F186S. 12(2A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F187Words in s. 12(3) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F189Words in s. 12(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F190Words in s. 12(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F192Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F194Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

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 [F197child arrangements order to which subsection (4) applies] 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 [F198a person named in the child arrangements order as a person with whom the child is to live ].

(3)In making a [F199child arrangements order to which subsection (4) applies, ] the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

[F200(4)This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child concerned is to live, and

(b)when the child is to live with any person.]

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Amendments (Textual)

F197Words in s. 13(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F198Words in s. 13(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F199Words in s. 13(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F200S. 13(4) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

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

F20114 Enforcement of residence orders.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F201S. 14 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 23; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F202Special guardianshipE+W

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Amendments (Textual)

F202Ss. 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}

F20314A 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 [F204who is named in a child arrangements order as a person with whom the child is to live;]

(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.[F205;

(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)

F203Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F204Words in s. 14A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 24; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Modifications etc. (not altering text)

C14S. 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)

F20614B Special guardianship orders: makingE+W

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

(a)a [F207child arrangements order containing contact provision] should also be made with respect to the child, F208. . .

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

[F209(c)where a [F210provision contained in a child arrangements order ] made with respect to the child is not discharged, any enforcement order relating to [F211that provision ] should be revoked, and]

[F212(d)where an activity direction has been made—

(i)in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or

(ii)in other proceedings that relate to such an order,

that direction should be discharged.]

[F213(1A)In subsection (1) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.]

(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)

F206Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F207Words in s. 14B(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F210Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F211Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F212S. 14B(1)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F213S. 14B(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21414C 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)

F21514D 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 [F216who is named in a child arrangements order as a person with whom the child is to live;]

(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)

F215Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F216Words in s. 14D(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 26; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21714E 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 [F218provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b))]

(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)

F217Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F218Words in s. 14E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(6), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F21914F 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)

F22014G Special guardianship support services: representationsE+W

[F221(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)

F221S. 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 [F222section 6 of Family Law Reform Act 1969] the Guardianship of Minors Acts 1971 and 1973, the M8Children Act 1975 and of sections 15 and 16 of the M9Family Law Reform Act 1987) makes provision in relation to financial relief for children.

F223(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F223S. 15(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 105; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I14S. 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)[F224an officer of the Service][F225or 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 [F226, guardian or special guardian] of the child;

(b)any person with whom the child is living or [F227who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;]

(c)the child himself.

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

(a)F228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F229(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 [F230contact provision contained in a child arrangements 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.]

[F231(4B)In subsection (4A) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person.]

(5)Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F232twelve months] beginning with the day on which it is made.

[F233(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.

F234(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F234(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F224Words in s. 16(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 89(a); S.I. 2001/919, art. 2(f)(ii)

F225Words in s. 16(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 7; S.I. 2005/700, art. 2(2)

F226Words in s. 16(2)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 58 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F227Words in s. 16(2)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F228S. 16(3)(a) repealed (1.10.2007 for certain purposes and 8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 6(2), 15, 17, Sch. 3; S.I. 2007/2287, art. 2(2)(a)(d); S.I. 2008/2870, art. 2(2)(f)

F230Words in s. 16(4A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F231S. 16(4B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F232Words in s. 16(5) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(4), 17; S.I. 2007/2287, art. 2(2)(a)

Commencement Information

I15S. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F23516ARisk assessmentsE+W

(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.]

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Amendments (Textual)

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

Provision of services for children and their families [F236: Wales]E+W+S

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Amendments (Textual)

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 [F237appropriate 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.

[F238(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 [F239it is a function of the authority] to provide by virtue of this section, or section 18, 20, [F240[F24122A 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 [F242providing accommodation and] giving assistance in kind or F243. . . 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 [F244of universal credit (except in such circumstances as may be prescribed),] of income support [F245under][F246 Part VII of the Social Security Contributions and Benefits Act 1992,][F247 of any element of child tax credit other than the family element, of working tax credit][F248, 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.

[F249(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)

F237Words in s. 17(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 2

F238S. 17(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(1); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)

F239Words 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)

F240Words in s. 17(5)(a) substituted (1.10.2001) by 2000 c. 35, s. 7(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F241Words 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)

F242Words in s. 17(6) inserted (7.11.2002) by 2002 c. 38, ss. 116(1), 148(1) (with Sch. 4 paras. 6-8)

F243Words in s. 17(6) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 24, 44(4), Sch. 4; S.I. 2010/2981, art. 4(i)(l); S.I. 2012/1553, art. 2(c)(e)

F245Words 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)

F247Words 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)

F248Words in s. 17(9) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(2); S.I. 2008/787, art. 2(4)(f)

F249S. 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)

C17s. 17 excluded (6.12.1999) by S.I. 1999/3056, reg. 12

C18S. 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

I16S. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F25017ZAYoung carers' needs assessments: EnglandE+W+S

(1)A local authority in England must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—

(a)it appears to the authority that the young carer may have needs for support, or

(b)the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.

(2) An assessment under subsection (1) is referred to in this Part as a “ young carer's needs assessment ”.

(3) In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).

(4)Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.

(5)But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.

(6)Care-related assessment” means—

(a)a young carer's needs assessment;

(b)an assessment under any of the following—

(i)section 1 of the Carers (Recognition and Services) Act 1995;

(ii)section 1 of the Carers and Disabled Children Act 2000;

(iii)section 4(3) of the Community Care (Delayed Discharges) Act 2003.

[F251(iv)Part 1 of the Care Act 2014.]

(7)A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.

(8)A local authority, in carrying out a young carer's needs assessment, must have regard to—

(a)the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and

(b)the extent to which the young carer works or wishes to work.

(9)A local authority, in carrying out a young carer's needs assessment, must involve—

(a)the young carer,

(b)the young carer's parents, and

(c)any person who the young carer or a parent of the young carer requests the authority to involve.

(10)A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—

(a)the young carer,

(b)the young carer's parents, and

(c)any person to whom the young carer or a parent of the young carer requests the authority to give a copy.

(11)Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.

(12)A local authority in England must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.

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Amendments (Textual)

17ZBYoung carers' needs assessments: supplementaryE+W+S

(1)This section applies for the purposes of section 17ZA.

(2)Parent”, in relation to a young carer, includes—

(a)a parent of the young carer who does not have parental responsibility for the young carer, and

(b)a person who is not a parent of the young carer but who has parental responsibility for the young carer.

(3)A person is not a young carer if the person provides or intends to provide care—

(a)under or by virtue of a contract, or

(b)as voluntary work.

(4)But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case).

(5)The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.

(6)Where a local authority—

(a)are required to carry out a young carer's needs assessment, and

(b)are required or have decided to carry out some other assessment of the young carer or of the person cared for;

the local authority may, subject to subsection (7), combine the assessments.

(7)A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.

(8)The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—

(a)specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;

(b)specify matters which a local authority is to determine in carrying out a young carer's needs assessment;

(c)make provision about the manner in which a young carer's needs assessment is to be carried out;

(d)make provision about the form a young carer's needs assessment is to take.

(9)The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—

(a)add an entry,

(b)remove an entry, or

(c)vary an entry.

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Amendments (Textual)

17ZCConsideration of young carers' needs assessmentsE+W+S

A local authority that carry out a young carer's needs assessment must consider the assessment and decide—

(a)whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;

(b)if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

(c)if they could be so satisfied, whether or not to provide any such services in relation to the young carer.]

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Amendments (Textual)

[F25217ZDParent carers' needs assessments: EnglandE+W+S

(1)A local authority in England must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.

(2) In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.

(3)The first condition is that—

(a)it appears to the authority that the parent carer may have needs for support, or

(b)the authority receive a request from the parent carer to assess the parent carer's needs for support.

(4)The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.

(5) An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”.

(6)Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.

(7)But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.

(8)Care-related assessment” means—

(a)a parent carer's needs assessment;

(b)an assessment under any of the following—

(i)section 1 of the Carers (Recognition and Services) Act 1995;

(ii)section 6 of the Carers and Disabled Children Act 2000;

(iii)section 4(3) of the Community Care (Delayed Discharges) Act 2003.

[F253(iv)Part 1 of the Care Act 2014.]

(9)A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.

(10)A local authority in carrying out a parent carer's needs assessment must have regard to—

(a)the well-being of the parent carer, and

(b)the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.

(11) In subsection (10) “ well-being ” has the same meaning as in Part 1 of the Care Act 2014.

(12)A local authority, in carrying out a parent carer's needs assessment, must involve—

(a)the parent carer,

(b)any child for whom the parent carer has parental responsibility, and

(c)any person who the parent carer requests the authority to involve.

(13)A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—

(a)the parent carer, and

(b)any person to whom the parent carer requests the authority to give a copy.

(14)A local authority in England must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.

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Amendments (Textual)

17ZEParent carers' needs assessments: supplementaryE+W+S

(1)This section applies for the purposes of section 17ZD.

(2)The references in section 17ZD to providing care include a reference to providing practical or emotional support.

(3)Where a local authority—

(a)are required to carry out a parent carer's needs assessment, and

(b)are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for,

the local authority may combine the assessments.

(4)The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular—

(a)specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment;

(b)specify matters which a local authority is to determine in carrying out a parent carer's needs assessment;

(c)make provision about the manner in which a parent carer's needs assessment is to be carried out;

(d)make provision about the form a parent carer's needs assessment is to take.

(5)The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—

(a)add an entry,

(b)remove an entry, or

(c)vary an entry.

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Amendments (Textual)

17ZFConsideration of parent carers' needs assessmentsE+W+S

A local authority that carry out a parent carer's needs assessment must consider the assessment and decide—

(a)whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;

(b)whether the disabled child cared for has needs for support;

(c)if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

(d)if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.]

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Amendments (Textual)

[F25417ZGSection 17 services: continued provision where EHC plan maintainedE+W+S

(1)This section applies where, immediately before a child in need reaches the age of 18—

(a)a local authority in England is providing services for the child in the exercise of functions conferred by section 17, and

(b)an EHC plan is maintained for the child.

(2)The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained [F255, except in so far as the authority is required to do so under section 17ZH or 17ZI].

(3) In this section “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014. ]

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Amendments (Textual)

F254S. 17ZG inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 50, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

F255Words in s. 17ZG(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(2), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

[F25617ZHSection 17 services: transition for children to adult care and supportE+W+S

(1)Subsections (2) to (4) apply where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—

(a)are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or

(b)are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.

(2)If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.

(3)If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—

(a)they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and

(b)they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.

(4)If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—

(a)they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or

(b)having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(5)Subsection (6) applies where a local authority in England providing services for a child in need in the exercise of functions conferred by section 17—

(a)receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but

(b)have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.

(6)If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—

(a)they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or

(b)having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(7)A local authority reach a conclusion in a person's case when—

(a)they conclude that he does not have needs for care and support or for support (as the case may be), or

(b)having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or

(c)having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).

(8)In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.

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Amendments (Textual)

F256Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

17ZISection 17 services: provision after EHC plan no longer maintainedE+W+S

(1)This section applies where a local authority in England providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.

(2)If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.

(3)The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).

(4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014. ]

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Amendments (Textual)

F256Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

[F25717A Direct paymentsE+W

(1)The [F258appropriate 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.

[F259(3)Regulations under this section may, in particular, make provision—

(a)specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2);

(b)for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;

(c)for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to—

(i)the payee’s means, and

(ii)the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution,

as may be prescribed;

(d)as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);

(e)specifying circumstances in which the responsible authority—

(i)may or must terminate the making of direct payments,

(ii)may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;

(f)for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;

(g)displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed;

(h)authorising direct payments to be made to any prescribed person on behalf of the payee;

(j)as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;

(k)as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;

(l)specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section.

(3A)For the purposes of subsection (3)(b) “gross payments” means payments—

(a)which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but

(b)which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.

(3B)For the purposes of subsection (3)(b) “net payments” means payments—

(a)which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and

(b)which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee.

(3C)Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.

(3D)A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.]

(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 [F260(3A)(a)]; and

(b)subsection [F261(3A)(b)] 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 [F262of universal credit (except in such circumstances as may be prescribed),] income support F263... under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , of any element of child tax credit other than the family element, of working tax credit][F264, of an income-based jobseeker's allowance or of an income-related employment and support allowance] .

(6)In this section—

  • F265...

  • 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 F266...

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Amendments (Textual)

F257S. 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)

F258Words in s. 17A(1) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 3

F263Words 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)

F264Words in s. 17A(5)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(3); S.I. 2008/787, art. 2(4)(f)

[F26717B Vouchers for persons with parental responsibility for disabled children.E+W

(1)The [F268appropriate national authority] may by regulations make provision for the issue by a local authority [F269in Wales] 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)

F267S. 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

F268Words 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 [F270in 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 [F271in 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

I17S. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F272 19 Review of provision for day care, child minding etc.E+W

[F273(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 [F274Part 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, [F275the 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—

  • [F276relevant 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 [F277Health Authority, Special Health Authority][F278, 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 M10 National Health Service (Scotland) Act 1978. ]

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Amendments (Textual)

F272S. 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)

F273S. 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

F274Words 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)

F275In 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

F276S. 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)

F277Words 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)

F278Words 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

I18S. 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 [F279and feelings] regarding the provision of accommodation; and

(b)give due consideration (having regard to his age and understanding) to such wishes [F279and 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—

[F280(a)who is named in a child arrangements order as a person with whom the child is to live;]

[F281(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)

F279Words 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)

F280S. 20(9)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 28; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F281S. 20(9)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 59 (with Sch. 4 paras. 6-8); S.I. 2003/2213, art. 2(o)

Modifications etc. (not altering text)

C19S. 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

I19S. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

21 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 M11Police and Criminal Evidence Act 1984;

(c)who are—

F282(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F283(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); ]

[F284(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); F285 . . . ]

[F286(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);]

[F287(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.

[F288(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[F289Secretary of State or] [F290, the Welsh Ministers] F291...,[F292or otherwise made available pursuant to arrangements made by [F293the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or] a [F294Health Authority]][F295Local Health Board] F291..., 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)

F284S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F287S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F290Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5

F294Words 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)

F295Words 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

I20S. 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 [F296are social services functions within the meaning of] the M12Local Authority Social Services Act 1970 [F297, apart from functions under sections [F29817] 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.

[F299(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.]

[F300(3B)A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).

(3C)A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority in England.]

(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 [F301appropriate 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, [F302the appropriate national authority] may give such directions to [F303the 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)

F296Words 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)

F297Words in s. 22(1)(b) inserted (1.10.2001) by 2000 c. 35, s. 2(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F298Word in s. 22(1) inserted (7.11.2002) by 2002 c. 38, ss. 116, 148 (with Sch. 4 paras. 6-8)

F299S. 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)

F301Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(a)

F302Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(b)

F303Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(c)

Modifications etc. (not altering text)

C21S. 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)

C23S. 22(4)(c) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(b)

S. 22(4)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(b)

C24S. 22(5)(b) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(c)

S. 22(5)(b) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(c)

Commencement Information

I21S. 22 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

F30423 Provision of accommodation and maintenance by local authority for children whom they are looking after.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F304Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E. ) 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. 2010/2981, art. 4(a)

[F30522AProvision of accommodation for children in careE+W

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

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Amendments (Textual)

F305Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) 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. 2010/2981, art. 4(a)

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.

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Amendments (Textual)

F305Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) 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. 2010/2981, art. 4(a)

22C Ways 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 [F306a child arrangements order] in force with respect to C immediately before the care order was made, P was a person [F307named in the child arrangements order as a person with whom C was to live].

(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 [F308subsection (9B) and] 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.

[F309(9A)Subsection (9B) applies (subject to subsection (9C)) where the local authority are a local authority in England and—

(a)are considering adoption for C, or

(b)are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.

(9B)Where this subsection applies—

(a)subsections (7) to (9) do not apply to the local authority,

(b)the local authority must consider placing C with an individual within subsection (6)(a), and

(c)where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.

(9C)Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.]

(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.

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Amendments (Textual)

F305Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) 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. 2010/2981, art. 4(a)

F306Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F307Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Modifications etc. (not altering text)

22D Review 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.

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