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Adoption and Children Act 2002

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This is the original version (as it was originally enacted).

121Care plans

This section has no associated Explanatory Notes

(1)In section 31 of the 1989 Act (care and supervision orders), after subsection (3) there is inserted—

(3A)No care order may be made with respect to a child until the court has considered a section 31A plan.

(2)After that section there is inserted—

31ACare orders: care plans

(1)Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“a care plan”) for the future care of the child.

(2)While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.

(3)A care plan must give any prescribed information and do so in the prescribed manner.

(4)For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.

(5)In section 31(3A) and this section, references to a care order do not include an interim care order.

(6)A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”.

(3)If—

(a)before subsection (2) comes into force, a care order has been made in respect of a child and a plan for the future care of the child has been prepared in connection with the making of the order by the local authority designated in the order, and

(b)on the day on which that subsection comes into force the order is in force, or would be in force but for section 29(1) of this Act,

the plan is to have effect as if made under section 31A of the 1989 Act.

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