Part II Orders With Respect To Children In Family Proceedings
General
I19 Restrictions on making section 8 orders.
1
No court shall make any section 8 order, other than a F7child 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 F8child 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 F1one year preceding the application.
4
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5
No court shall exercise its powers to make a specific issue order or prohibited steps order—
a
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
F46A
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.