Part XII Miscellaneous and General
Notification of children accommodated in certain establishments
I185 Children accommodated by health authorities and local education authorities.
1
Where a child is provided with accommodation F187in England by any F188F1..., Special Health Authority,F149... F2National Health Service trustF3or NHS foundation trust or by a local authority F189in England in the exercise of education functions (“the accommodating authority”)—
a
for a consecutive period of at least three months; or
b
with the intention, on the part of that authority, of accommodating him for such a period,
the accommodating authority shall notify F4the appropriate officer of the responsible authority.
2
Where subsection (1) applies with respect to a child, the accommodating authority shall also notify F5the appropriate officer of the responsible authority when they cease to accommodate the child.
F1502ZA
Where a child is provided with accommodation—
a
by a body which is not mentioned in subsection (1), and
b
F62A
In a case where the child is F190provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.
3
In this section “the responsible authority” means—
a
the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
b
where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.
F73A
In this section and sections 86 and 86A “ the appropriate officer ” means—
a
in relation to a local authority in England, their director of children's services; and
b
in relation to a local authority in Wales, their F191director of social services.
4
Where F8the appropriate officer of aF192local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), F9the local authority shall—
a
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
b
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
F105
For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.
I286F11 Children accommodated in care homes or independent hospitals.
1
Where a child is provided with accommodation F193in England in any F12care home or independent hospital—
a
for a consecutive period of at least three months; or
b
with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
2
3
Where F18the appropriate officer of a local authority has been notified under this section, F19the local authority shall—
a
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in F20the establishment in question ; and
b
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
4
If the person carrying on any F21care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
5
6
Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
7
Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
8
Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
86AF49Visitors for children notified to local authority F186...
1
This section applies if the appropriate officer of a local authority F195in England—
a
has been notified with respect to a child under section 85(1) or 86(1) F196“, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014; and
b
has not been notified with respect to that child under section 85(2) F197, 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be.
2
The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
3
It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
4
Regulations under this section may make provision about—
a
the frequency of visits under visiting arrangements;
b
circumstances in which visiting arrangements must require a child to be visited; and
c
additional functions of a representative.
5
Regulations under this section are to be made by the Secretary of State F198....
6
In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
7
In this section “ visiting arrangements ” means arrangements made under subsection (2).
I3C187F22Welfare of children in boarding schools and colleges.
F231
Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.
F1361A
For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—
a
it provides accommodation for the child on its own premises, or
b
it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).
2
Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.
3
Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while F138accommodation for the child is provided by the school or college.
F1373A
Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).
3B
Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).
4
Where F24the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or F25college in England, he shall—
a
b
in the case of a special school which is maintained by a F26local authority, notify that authority;
c
in any other case, notify the Secretary of State.
4A
Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college F27in Wales, they shall—
a
in the case of a school other than an independent school or a special school, notify the F26local authority for the area in which the school is situated;
b
in the case of a special school which is maintained by a F26local authority, notify that authority.
5
Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge F139any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college.
6
Any person F28exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.
7
Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
8
Any person authorised by the regulations to inspect records—
a
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
b
may require—
i
the person by whom or on whose behalf the computer is or has been so used; or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
9
Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F299A
Where F30the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, F31that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while F140accommodation for the child is provided by the school or college.
9B
Where F32the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must—
a
send a copy of the report to the school or college concerned; and
b
make copies of the report available for inspection at its offices by any person at any reasonable time.
9C
Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as F33the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
F3410
In this section and sections 87A to 87D—
“ the 1992 Act ” means the M1 Further and Higher Education Act 1992;
“ appropriate authority ” means—
- a
in relation to England, F35the Chief Inspector for England;
- b
in relation to Wales, the National Assembly for Wales;
- a
F36“ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act F144 or a 16 to 19 Academy ;
F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ further education corporation ” has the same meaning as in the 1992 Act;
F26local authority and “proprietor” have the same meanings as in the M2 Education Act 1996
F38“sixth form college corporation” has the same meaning as in the 1992 Act.
11
In this section and sections 87A and 87D “ relevant person ” means—
a
in relation to an independent school F147or an alternative provision Academy that is not an independent school, the proprietor of the school;
b
in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;
c
in relation to an institution conducted by a further education corporation F39or sixth form college corporation, the corporation.
F145d
in relation to a 16 to 19 Academy, the proprietor of the Academy.
12
Where a person other than the proprietor of an independent school F148 or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.
C2 87A F40 Suspension of duty under section 87(3).
1
The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
a
that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and
b
the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while F142accommodation for the children is provided by them.
2
Where—
a
the relevant person enters into an agreement in writing with a person appointed under subsection (1),
b
the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and
c
the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,
the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.
3
Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—
a
a notice under subsection (4) relating to the inspector, or
b
a notice under subsection (5) relating to the relevant agreement.
4
The Secretary of State shall terminate a person’s appointment under subsection (1) if—
a
that person so requests, or
b
the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
and shall give notice of the termination of that person’s appointment to the appropriate authority.
F1414A
The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).
5
Where—
a
the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and
b
the relevant agreement ceases to have effect,
the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.
6
In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.
F41C3 87B Duties of inspectors under section 87A.
1
The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
2
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school F42or college to which the agreement relates, the inspector shall give notice of that fact
F43a
b
in the case of a special school which is maintained by a F44local authority, to that authority;
c
in any other case, to the Secretary of State.
3
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school F45or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
a
give notice of that fact to the local authority in whose area the school F45or college is situated, and
b
where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school F45or college.
F464
In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.
87BAF135Quality assurance of inspectors under section 87A
1
The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.
2
In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.
3
The Secretary of State may in particular give directions about—
a
matters to be taken into account in preparing a report, and
b
the form and contents of a report.
C4 87C F47 Boarding schools: national minimum standards.
1
The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided F143by a school or college.
2
The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
3
Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.
4
The standards shall be taken into account—
a
in the making by the appropriate authority of any determination under section 87(4) or (4A);
b
in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and
c
in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).
C5 87D F48 Annual fee for boarding school inspections.
1
Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).
2
The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.
3
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Adoption
I488 Amendments of adoption legislation.
F501
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1342
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paternity tests
F5189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal care and supervision orders
I590 Care and supervision orders in criminal proceedings.
1
The power of a court to make an order under subsection (2) of section 1 of the M3Children and Young Persons Act 1969 (care proceedings in F52 youth courts) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished.
2
The powers of the court to make care orders—
a
under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and
b
under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act,
are hereby abolished.
3
The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.
Effect and duration of orders etc.
I691 Effect and duration of orders etc.
1
The making of a F161child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order.
F1561A
For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child 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 is to live, and
b
when the child is to live with any person.
2
The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.
F532A
3
The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.
4
The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
5
The making of a care order with respect to a child who is the subject of a school attendance order made under F54section 437 of the Education Act 1996 discharges the school attendance order.
F555A
The making of a special guardianship order with respect to a child who is the subject of—
a
a care order; or
b
an order under section 34,
discharges that order.
6
Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.
7
8
Any—
b
appointment under section 5(3) or (4),
shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
9
An order under Schedule 1 has effect as specified in that Schedule.
10
F15710A
Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—
a
with whom a child is to live, or
b
when a child is to live with any person.
11
Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
12
Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
13
Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
14
On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.
F214For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).
15
Where an application (“the previous application”) has been made for—
a
the discharge of a care order;
b
the discharge of a supervision order;
c
the discharge of an education supervision order;
d
the substitution of a supervision order for a care order; or
e
a child assessment order,
no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.
16
Subsection (15) does not apply to applications made in relation to interim orders.
17
Where—
a
a person has made an application for an order under section 34;
b
the application has been refused; and
c
a period of less than six months has elapsed since the refusal,
that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.
91AF213Section 91(14) orders: further provision
1
This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).
2
The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put—
a
the child concerned, or
b
another individual (“the relevant individual”),
at risk of harm.
3
In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.
4
Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.
5
A section 91(14) order may be made by the court—
a
on an application made—
i
by the relevant individual;
ii
by or on behalf of the child concerned;
iii
by any other person who is a party to the application being disposed of by the court;
b
of its own motion.
6
In this section, “the child concerned” means the child referred to in section 91(14).
Jurisdiction and procedure etc.
I792 Jurisdiction of courts.
F1661
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1663
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F1664
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F1665
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F1626
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C67
For the purposes of this Act “the court” F163the High Court or the family court .
C68
Subsection (7) is subject to F164... any express provision as to the jurisdiction of any court made by any other provision of this Act.
F1659
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F16510
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F16510A
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11
Part II of Schedule 11 makes amendments consequential on this section.
I8C993 Rules of court.
1
An authority having power to make rules of court may make such provision for giving effect to—
a
this Act;
b
the provisions of any statutory instrument made under this Act; or
c
any amendment made by this Act in any other enactment,
as appears to that authority to be necessary or expedient.
2
The rules may, in particular, make provision—
a
with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);
b
as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;
F61bb
for children to be separately represented in relevant proceedings,
c
with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;
F167d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
with respect to preliminary hearings;
F168f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F168g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings;
F169i
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F169j
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3
In subsection (2)—
“notice of proceedings” means a summons or such other notice of proceedings as is required; and “given”, in relation to a summons, means “served”;
“prescribed” means prescribed by the rules; and
“relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.
4
This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.
5
When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.
F17094 Appeals.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I995 Attendance of child at hearing under Part IV or V.
1
In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order.
2
The power conferred by subsection (1) shall be exercised in accordance with rules of court.
3
Subsections (4) to (6) apply where—
a
an order under subsection (1) has not been complied with; or
b
the court has reasonable cause to believe that it will not be complied with.
4
The court may make an order authorising a constable, or such person as may be specified in the order—
a
to take charge of the child and to bring him to the court; and
b
to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises.
5
The court may order any person who is in a position to do so to bring the child to the court.
6
Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court.
I1096 Evidence given by, or with respect to, children.
1
Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath.
2
The child’s evidence may be heard by the court if, in its opinion—
a
he understands that it is his duty to speak the truth; and
b
he has sufficient understanding to justify his evidence being heard.
3
The Lord Chancellor may F62, with the concurrence of the Lord Chief Justice, by order make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay.
4
An order under subsection (3) may only be made with respect to—
a
civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and
b
evidence in connection with the upbringing, maintenance or welfare of a child.
5
An order under subsection (3)—
a
may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording;
b
may make different provision for different purposes and in relation to different descriptions of court; and
c
may make such amendments and repeals in any enactment relating to evidence (other than in this Act) as the Lord Chancellor considers necessary or expedient in consequence of the provision made by the order.
6
Subsection (5)(b) is without prejudice to section 104(4).
7
In this section—
F63 “ civil proceedings ” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “ the court ” shall be construed accordingly;
“prescribed” means prescribed by an order under subsection (3).
I11C1097 Privacy for children involved in certain proceedings.
F1711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C72
No person shall publish F65to the public at large or any section of the public any material which is intended, or likely, to identify—
a
b
an address or school as being that of a child involved in any such proceedings.
3
In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.
C84
5
For the purposes of this section—
“publish” includes—
- a
F69include in a programme service (within the meaning of the Broadcasting Act 1990);
- b
cause to be published; and
- a
“material” includes any picture or representation.
6
Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
F1786A
It is not a contravention of this section to—
a
enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or
b
permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.
F1727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1728
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F709
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 (4).
I1298 Self-incrimination.
1
In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from—
a
giving evidence on any matter; or
b
answering any question put to him in the course of his giving evidence,
on the ground that doing so might incriminate him or his spouse F71or civil partner of an offence.
2
A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse F71or civil partner in proceedings for an offence other than perjury.
F7299 .
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F722
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F724
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F725
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13100 Restrictions on use of wardship jurisdiction.
1
Section 7 of the M4Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect.
2
No court shall exercise the High Court’s inherent jurisdiction with respect to children—
a
so as to require a child to be placed in the care, or put under the supervision, of a local authority;
b
so as to require a child to be accommodated by or on behalf of a local authority;
c
so as to make a child who is the subject of a care order a ward of court; or
d
for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
3
No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court.
4
The court may only grant leave if it is satisfied that—
a
the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and
b
there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm.
5
This subsection applies to any order—
a
made otherwise than in the exercise of the court’s inherent jurisdiction; and
b
which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted).
I14E1101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
1
The Secretary of State may make regulations providing—
a
for prescribed orders which—
i
are made by a court in Northern Ireland; and
ii
appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act,
to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act;
b
for prescribed orders which—
i
are made by a court in England and Wales; and
ii
appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland,
to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland.
2
Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied.
3
The Secretary of State may make regulations providing for prescribed orders which—
a
are made by a court in the Isle of Man or in any of the Channel Islands; and
b
appear to the Secretary of State to correspond in their effect to orders which may be made under this Act,
to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act.
4
Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied.
5
Any regulations made under this section may—
a
make such consequential amendments (including repeals) in—
i
section 25 of the M5Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or
ii
section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act,
as the Secretary of State considers necessary or expedient; and
b
modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales.
Search warrants
I15102 Power of constable to assist in exercise of certain powers to search for children or inspect premises.
1
Where, on an application made by any person for a warrant under this section, it appears to the court—
a
that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or
b
that any such person is likely to be so prevented from exercising any such powers,
it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.
2
Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—
a
that person so desires; and
b
the court by whom the warrant is issued does not direct otherwise.
3
A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or F73registered midwife if he so chooses.
F743A
The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
4
An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
5
Where—
a
an application for a warrant under this section relates to a particular child; and
b
it is reasonably practicable to do so,
the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.
6
The enactments are—
b
paragraph 8(1)(b) and (2)(b) of Schedule 3;
c
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
I16103 Offences by bodies corporate.
1
This section applies where any offence under this Act is committed by a body corporate.
2
If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
I17104 Regulations and orders.
1
Any power of the Lord Chancellor F78, the TreasuryF79, the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or rules, except an order under section F8054(2), 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.
2
Any such statutory instrument, except one made under section F814(1B), F824ZA(3), 17(4), 107 or 108(2) F83or one containing regulations which fall within subsection F180(3AA),F183(3AB), (3B) F154, (3BA) or (3C), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F842A
Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.
F853
3A
An order under section 4(1B) F88, 4ZA(3) or 17(4) or regulations which fall within subsection F181(3AA),F183(3AB), (3B) F155, (3BA)F210, (3BB) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
F1823AA
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).
F1843AB
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).
3B
Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b).
F1533BA
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9).
F2113BB
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.
3C
Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.
4
Any statutory instrument made under this Act may—
a
make different provision for different cases;
b
provide for exemptions from any of its provisions; and
104AF199Regulations made by the Welsh Ministers under section 31A or Part 7
1
Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.
2
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
I18105 Interpretation.
1
In this Act—
F174 “activity condition” has the meaning given by section 11C;
F174 “activity direction” has the meaning given by section 11A;
“adoption agency” means a body which may be referred to as an adoption agency by virtue of F90section 2 of the Adoption and Children Act 2002;
F204...
“bank holiday” means a day which is a bank holiday under the M6Banking and Financial Dealings Act 1971;
F205“care home”—
- a
has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and
- b
means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;”
- a
“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;
“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;
F175 “child arrangements order” has the meaning given by section 8(1);
“child assessment order” has the meaning given by section 43(2);
F91 “child minder” has the meaning given by section 71;
F92 “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—
- a
a child of both of them, and
- b
any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family;
- a
F207“children’s home”—
- a
has the same meaning as it has for the purposes of the Care Standards Act 2000 in respect of a children’s home in England (see section 1 of that Act); and
- b
F208means a place in Wales at which—
- (i)
a care home service is provided wholly or mainly to children, or
- (ii)
a secure accommodation service is provided,
- (i)
- a
and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
F218...
“community home” has the meaning given by section 53;
F176...
F176...
F176...
“day care” F93... has the same meaning as in section 18;
“disabled”, in relation to a child, has the same meaning as in section 17(11);
F94...
“domestic premises” has the meaning given by section 71(12);
F95“dwelling-house” includes—
- a
any building or part of a building which is occupied as a dwelling;
- b
any caravan, house-boat or structure which is occupied as a dwelling;
and any yard, garden, garage or outhouse belonging to it and occupied with it;
- a
F96 “education functions” has the meaning given by section 579(1) of the Education Act 1996;
“education supervision order” has the meaning given in section 36;
“emergency protection order” means an order under section 44;
F97 “enforcement order” has the meaning given by section 11J;
“family assistance order” has the meaning given in section 16(2);
“family proceedings” has the meaning given by section 8(3);
“functions” includes powers and duties;
“guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;
“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);
F98...
“health service hospital” F99 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;
“hospital” F100... has the same meaning as in the M7 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;
“ill-treatment” has the same meaning as in section 31(9);
F101 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;
F102 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
F103“independent hospital”
- a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
- b
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
- a
“independent school” has the same meaning as in F104 the Education Act 1996;
F219“integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;
“local authority” means, in relation to England F105..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London F106 in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M8 Social Work (Scotland) Act 1968;
F200F107 “local authority foster parent” has the meaning given in section 22C(12);F200“local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—
- a
paragraph 12F of Schedule 2; or
- b
sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);
- a
F108...
F109 “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
“local housing authority” has the same meaning as in the M9 Housing Act 1985;
F110 “mental nursing home” has the same meaning as in the M10 Registered Homes Act 1984;
F111 “nursing home” has the same meaning as in the Act of 1984;
F112 “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;
“parental responsibility” has the meaning given in section 3;
“parental responsibility agreement” has the meaning given in F113 sections 4(1) F114 , 4ZA(4) and 4A(2);
“prescribed” means prescribed by regulations made under this Act;
F115 “private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 F206or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is not a community home or a voluntary home;
F151...
“privately fostered child” and “to foster a child privately” have the same meaning as in section 66;
“prohibited steps order” has the meaning given by section 8(1);
F116...
F117 “registered children’s home” has the same meaning as in section 63;
“registered pupil” has the same meaning as in F104 the Education Act 1996;
“relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or F118 by marriage or civil partnership) or step-parent;
F176...
F119 “residential care home” has the same meaning as in the Registered Homes Act 1984 F120 and “small home” has the meaning given by section 1(4A) of that Act;
“responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;
“school” has the same meaning as in F104the Education Act 1996 or, in relation to Scotland, in the M11 Education (Scotland) Act 1980;
F121 “section 31A plan” has the meaning given by section 31A(6);
“service”, in relation to any provision made under Part III, includes any facility;
“signed”, in relation to any person, includes the making by that person of his mark;
“special educational needs” has the same meaning as in F122 the Education Act 1996;
F123 “special guardian” and “special guardianship order” have the meaning given by section 14A;
F124 “Special Health Authority” means a Special Health Authority established under F125 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006,;
“specific issue order” has the meaning given by section 8(1);
F152...
“supervision order” has the meaning given by section 31(11);
“supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;
“upbringing”, in relation to any child, includes the care of the child but not his maintenance;
“voluntary home” has the meaning given by section 60;
“voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;
F126 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
2
F1773
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11C12F2014
References in this Act to a child who is looked after—
a
in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and
b
in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).
5
F1285A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1295B
References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).
F2035B
In subsection (5) “social services functions” means—
a
in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and
b
in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.
6
In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—
a
which is a school or other institution;
b
in accordance with the requirements of a supervision order under this Act F130 ...;
F131ba
in accordance with the requirements of a youth rehabilitation order under F212Chapter 1 of Part 9 of the Sentencing Code; or
c
while he is being provided with accommodation by or on behalf of a local authority.
7
References in this Act to children who are in need shall be construed in accordance with section 17.
F2207A
References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).
F2217B
References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act.
8
Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.
9
Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
10
For the purposes of this section, and of section 7 of the M13 Interpretation Act 1978 in its application to this section, the proper address of a person—
a
in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;
b
in the case of a partner of a firm, shall be that of the principal office of the firm; and
c
in any other case, shall be the last known address of the person to be served.
I19106 Financial provisions.
1
Any—
a
grants made by the Secretary of State under this Act; and
b
any other expenses incurred by the Secretary of State under this Act,
shall be payable out of money provided by Parliament.
2
Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund.
I20107 Application to Channel Islands.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order.
E2108 Short title, commencement extent etc.
1
This Act may be cited as the Children Act 1989.
2
Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.
3
Different dates may be appointed for different provisions of this Act and in relation to different cases.
4
The minor amendments set out in Schedule 12 shall have effect.
5
The consequential amendments set out in Schedule 13 shall have effect.
6
The transitional provisions and savings set out in Schedule 14 shall have effect.
7
The repeals set out in Schedule 15 shall have effect.
8
An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—
a
provisions adding to or modifying the provisions of Schedule 14, and
b
such adaptations—
i
of the provisions brought into force by the order; and
ii
of any provisions of this Act then in force,
as appear to him necessary or expedient in consequence of the partial operation of this Act.
9
The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.
10
This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
11
The following provisions of this Act extend to Scotland—
F132section 19;
section 25(8);
section 50(13);
F132Part X;
section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);
section 88;
section 104 (so far as necessary);
section 105 (so far as necessary);
subsections (1) to (3), (8) and (9) and this subsection;
in Schedule 2, paragraph 24;
in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;
in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;
in Schedule 14, paragraphs 1, 33 and 34;
in Schedule 15, the entries relating to—
a
the M14Custody of Children Act 1891;
b
the M15Nurseries and Child Minders Regulation Act 1948;
c
section 53(3) of the M16Children and Young Persons Act 1963;
d
section 60 of the M17Health Services and Public Health Act 1968;
e
the M18Social Work (Scotland) Act 1968;
f
the M19Adoption (Scotland) Act 1978;
g
the M20Child Care Act 1980;
j
the M23Family Law Act 1986.
12
The following provisions of this Act extend to Northern Ireland—
section 50;
section 101(1)(b), (2) and (5)(a)(i);
subsections (1) to (3), (8) and (9) and this subsection;
in Schedule 2, paragraph 24;
in Schedule 12, paragraphs 7 to 10, 18 and 27;
in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;
in Schedule 14, paragraphs F133. . ., 28 to 30 and 38(a); and
in Schedule 15, the entries relating to the M24Guardianship of Minors Act 1971, the M25Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.