Social Work (Scotland) Act 1968

Part V U.K. Return and Removal of Children within United Kingdom

Absence without leave U.K.

69 Abscondment from a place of safety, or from the control of a person imposed by a supervision requirement. U.K.

(1) If a child—

(a) absconds from a place of safety in which he has been detained by virtue of this Act, or

(b) absconds from the control of a person under which he has been placed by a supervision requirement or by virtue of rules made by the Secretary of State under section 45 of this Act,

he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands [F1 ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.]

(2) A child arrested in pursuance of this section shall be brought back—

(a) in a case falling within paragraph (a) of subsection (1), to the place of safety,

(b) in a case falling within paragraph (b) of that subsection, to the person under whose control he has been placed.

(3) If, in the case of a child required to be brought back in pursuance of the last foregoing subsection—

(a) the occupier of the place of safety, or

(b) the person under whose control he has been placed,

is unwilling or unable to receive him, the child shall be detained in a place of safety until the reporter has considered, in pursuance of section 37 of this Act, whether the child may be in need of compulsory measures of care, or as the case may be, until he can be brought before a children’s hearing for the consideration of his case or for a review of the supervision requirement to which he is subject.

(4) A children’s hearing arranged for the purposes of the last foregoing subsection shall meet within a period of seven days from the date of the commencement of the detention of the child, and no child shall be detained under that subsection after the hearing have met or beyond that period.

[F2 (5) In this and the next following section any reference—

(a) to a child absconding includes a reference to his being unlawfully taken away;

(b) to a child absconding from a place or from the control of a person includes a reference to his absconding while being taken to, or awaiting being taken to, that place or that person as the case may be.]

Textual Amendments

F1 Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(a)

F2 S. 69(5) substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 58(b)

70 Abscondment from residential establishments. U.K.

If a child who is required by a supervision requirement to reside in a residential establishment—

(a) absconds from the establishment in which he resides; or

(b) absconds from any hospital or other institution in which he is temporarily residing; or

(c) being absent on leave from the residential establishment, either runs away from the person in whose charge he is or fails to return to the establishment at the end of his leave;

he may be arrested without a warrant in any part of the United Kingdom or the Channel Islands and brought back—

(i) in a case falling within paragraph (b) to the place from which he absconded; or

(ii) where he has run away from the person mentioned in paragraph (c), to that person; or

(iii) in any case, to the residential establishment [F3 ; and a court, if satisfied that there are reasonable grounds for believing that the child is within any premises, may grant a search warrant authorising a constable to search those premises for the child.]

Textual Amendments

F3 Words added by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 59

71 Harbouring. U.K.

Any person who knowingly—

(a) assists or induces or persistently attempts to induce a child so to act as to be liable to be brought back in pursuance of either of the two last foregoing sections, or

(b) harbours or conceals a child so liable or prevents him from returning to a place or person mentioned in either of those sections,

shall be liable on summary conviction to a fine not exceeding [F4 level 5 on the standard scale] or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

Textual Amendments

F4 Words substituted by Children Act 1975 (c. 72, SIF 49:9, 10), Sch. 3 para. 60 and by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54)

Modifications etc. (not altering text)

C1 S. 71 excluded (E.W.) (14.10 1991) by Children Act 1989 (c. 41, SIF 20), ss. 51(5)(6)(7)(b), 108(2); S.I.1991/828, art.3(2)

C2 S. 71 restricted (N.I.) (4.11.1996) by S.I. 1995/755 (N.I. 2), art. 70(6)(7)(c); S.R. 1996/297, art. 2(2)

Transfer U.K.

72 Supervision of children moving to England or Wales or Northern Ireland. U.K.

(1) Where a children’s hearing are satisfied that a child in respect of whom a supervision requirement under section 44(1)(a) of this Act is in force proposes to reside or is residing in England or Wales or in Northern Ireland they may either—

(a) discharge the supervision requirement; or

(b) send notification of the requirement to a juvenile court acting for the petty sessions area in which the child proposes to reside or is residing.

[F5 (1A) The juvenile court in England or Wales to which notification of a supervision requirement is sent under this section may make a supervision order in respect of the person to whom the notification relates but, notwithstanding anything in section 76(1) of this Act, shall not include in the order a requirement authorised by section 12 of the M1 Children and Young Persons Act 1969 unless that person is before the court when the supervision order is made; and in relation to a supervision order made by virtue of this subsection—

(a) section 15 of that Act shall have effect as if subsection (2) were omitted; and

(b) section 17 of that Act shall have effect as if in paragraph (a) the references to three years and the date on which the order was originally made were respectively references to one year and the date on which the said notification was sent and as if in paragraph (b) the words from “the order was” to “and” were omitted.]

(2) The juvenile court [F6 in Northern Ireland] to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement a supervision order placing him under the supervision of a probation officer for a period not exceeding one year beginning with the day on which the notification was sent; and the provisions . . . F7 of the M2 Children and Young Persons Act (Northern Ireland) 1950 shall apply to any such order as those provisions . . . F7 apply . . . F7 to a supervision order within the meaning of section 63(1)(d) of the said Act of 1950.

(3) Where a case is disposed of by a juvenile court in pursuance of this section in respect of a child subject to a supervision requirement, the requirement shall cease to have effect.

(4) In this section “petty sessions area”[F8 in relation to England and Wales, has the same meaning as in the said Act of 1969] and in relation to Northern Ireland means “petty sessions district” within the meaning of Part III of the [F9 M3 Magistrates’ Courts (Northern Ireland) Order 1981.].

Textual Amendments

F5 S. 72(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(1)

F6 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(2)

F7 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F8 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 58(3)

F9 Words substituted by S.I. 1981/1675 (N.I. 26), Sch. 6 para. 14

Marginal Citations

M1 1969 c. 54.

M2 1950 c. 5 (N.I.)

M3 1981/1675 (N.I. 26).

73 Supervision of children moving to Scotland. U.K.

(1) Where a juvenile court in England or Wales or in Northern Ireland is satisfied that a child in respect of whom a probation order or a supervision order is in force proposes to reside or is residing in Scotland, the court may either—

(a) discharge the probation order or supervision order; or

(b) send notification of that order to the reporter of the local authority for the area in which the child proposes to reside or is residing;

and on the receipt of such a notification it shall be the duty of the reporter

[F10 (i) in the case of a supervision order made by virtue of [F11 sections 189(4) and 390(4) of the M4 Criminal Procedure (Scotland) Act 1975] to notify the appropriate court and to transmit to that court all documents and certified copies of documents relating to the case which the reporter has received by virtue of section 76 of this Act;

(ii) in any other case.]

to arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

[F12 In this subsection “the appropriate court” means the sheriff having jurisdiction in the area in which the child proposes to reside or is residing or, where the original probation order was imposed by the High Court of Justiciary, that Court.]

[F13 (1A) Where a court in England or Wales is satisfied that a child in respect of whom the court proposes to make a supervision order is residing or proposes to reside in Scotland, the court may make the order notwithstanding anything in subsection (1) of section 18 of the M5 Children and Young Persons Act 1969 (which relates to residence of the supervised person in England or Wales); and where the court makes a supervision order by virtue of this subsection—

(a) the areas to be named in the order in pursuance of subsection (2)(a) of the said section 18 shall be those in which the court is sitting;

(b) the order may require the supervised person to comply with directions of the supervisor with respect to his departure to Scotland, and any such requirement shall, for the purposes of sections 15 and 16 of that Act (which relate to the variation and discharge of supervision orders), be deemed to be included in the order in pursuance of section 12(2) of that Act; and

(c) the court shall send notification of the order as mentioned in paragraph (b) of the foregoing subsection and the provisions of that subsection relating to the duty of the reporter shall apply accordingly.]

(2) For the purposes of a children’s hearing arranged in pursuance of the foregoing [F14 provisions of this section] the notification by a . . . F15 court of a probation order or supervision order shall be conclusive evidence of the existence of that order in relation to the child.

(3) When a children’s hearing have disposed of a case referred to them under this section the probation order or the supervision order in respect of the child shall cease to have effect.

Textual Amendments

F10 S. 73(1)(i)(ii) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F11 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 460(1)(b)

F12 Definition inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(1)

F13 S. 73(1A) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(2)

F14 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 59(3)

F15 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

Modifications etc. (not altering text)

C3 S. 73(1) extended (E.W.) (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 189(6), 390(6) (which said ss. 189(6), 390(6) ceased to have effect (1.10.1992) by virtue of Criminal Justice Act 1991 (c. 53), s. 16, Sch. 3 Pt. II para. 7(4) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2)

Marginal Citations

M4 1975 c. 21.

M5 1969 c. 54.

74 Parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland. U.K.

(1) Where a children’s hearing are satisfied that the parent of a child who is required to reside in a residential establishment under a supervision requirement made under section 44(1)(b) of this Act proposes to reside or is residing in England or Wales or in Northern Ireland they shall review the requirement, and on such review they may as they think proper—

(a) discharge the supervision requirement;

(b) continue the supervision requirement;

(c) vary the supervision requirement by making a supervision requirement under subsection (1)(a) of the said section 44 and send notification of that requirement in accordance with section 72(1)(b) of this Act; or

(d) make a report on the case to the Secretary of State with a recommendation for the transfer of the child in accordance with the following provisions of this section.

(2) If the Secretary of State is for any reason unable to accept a recommendation for the transfer of a child made under paragraph (d) of subsection (1) of this section, he may refer the matter back to the children’s hearing for their reconsideration of the case, or himself discharge the supervision requirement.

(3) Where such a recommendation is made and is not dealt with under subsection (2) of this section, the Secretary of State may make an order transferring the child to the care of the managers of a school . . . F16 in Northern Ireland, being . . . F16 , a training school within the meaning of the M6 Children and Young Persons Act (Northern Ireland) 1950 or, . . . F16 , committing him to the care of the local authority or, as the case may be, of the welfare authority in whose area the parent of the child proposes to reside or is residing.

(4) The provisions of . . . F16 the said Act of 1950 shall apply to any order under this section transferring a child to the care of the managers of . . . F16 a training school as if it were . . . F16 a training school order made by a court on the date on which the supervision requirement was originally made under section 44 of this Act in respect of the child:

Provided that—

(a) notwithstanding anything in . . . F16 section 75 of the said Act of 1950, the order under this section shall not be authority for his detention in . . . F16 a training school after he has attained the age of eighteen years,

(b) the contributions to be made in respect of him under . . . F16 section 126 of the said Act of 1950 shall be made by such council as may be named in the order under this section, being the council within whose district his parent proposes to reside or is residing at the time of the order.

(5) The provisions . . . F16 , of the said Act of 1950 shall apply to any order under this section committing a child to the care . . . F16 , of a welfare authority as if it were an order made by a court under . . . F16 that Act.

[F17 (6) An order under this section committing a child to the care of a local authority shall have effect as if it were a care order under the [F18 Children and Young Persons Act 1969, but as if sections 20(2) and 21(5) of that Act and in section 20(3) of that Act paragraph (a) and the words “in any other case” in paragraph (b) were omitted][F18 Children Act 1989, but as if section 31(8) were omitted].]

Textual Amendments

F16 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F17 S. 74(6) inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 60

F18 Words “Children Act 1989, but as if section 31(8) were omitted” substituted (prosp.) for words commencing “Children and Young Persons Act 1969” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 21

Marginal Citations

M6 1950 c. 5 (N.I.)

75 Parent of a child subject to an approved school order or a committal order moving to Scotland. U.K.

(1) Where . . . F19 [F20 the Secretary of State] is satisfied that the parent of a child who is subject to an . . . F19 training school order [F21 or an order under section 74(3) of this Act relating to a training school] proposes to reside or is residing in Scotland, he may refer the case to the reporter of the local authority of the area in which the parent of the child is proposing to reside or is residing and if the case is so referred the reporter shall arrange a children’s hearing for the consideration and determination of the case under Part III of this Act.

(2) Where a child has been committed to the care of a local authority in England or Wales [F22 by a care order (other than an interim order) within the meaning of the [F23 Children and Young Persons Act 1969][F23 Children Act 1989] or an order under section 74(3) of this Act], or committed to the care of a welfare authority in Northern Ireland under Part III of the M7 Children and Young Persons Act (Northern Ireland) 1950 or Part I of the M8 Education Act (Northern Ireland) 1947 [F24 or the said section 74(3)] and that authority are satisfied that the parent of the child proposes to reside or is residing in Scotland, the authority may make the like reference of the case as mentioned in the foregoing subsection and the reporter shall arrange a children’s hearing accordingly.

(3) Any reference under subsection (1) or subsection (2) of this section shall include particulars of the . . . F19 training school order [F25 or order under the said section 74(3) relating to a training school] or, as the case may be, of the order committing the child to the care of the local or welfare authority; and for the purposes of any children’s hearing arranged pursuant to the reference those particulars shall be conclusive evidence of the existence of that order in relation to the child.

(4) When a children’s hearing have disposed of a case referred to them under this section the order [F26 under the said section 74(3) or] of the court in England or Wales or in Northern Ireland in respect of the child shall cease to have effect.

Textual Amendments

F19 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F20 Words substituted by virtue of S.I. 1973/2163, arts. 2(1), 11(5)

F21 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(1)

F22 Words substituted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F23 “Children Act 1989” substituted (prosp.) for “Children and Young Persons Act 1969” by Children Act 1989 (c. 41, SIF 20), s. 108(2)(5), Sch. 13 para. 22

F24 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(2)

F25 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(3)

F26 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 61(4)

Modifications etc. (not altering text)

C4 S. 75(2) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

Marginal Citations

M7 1950 c. 5 (N.I.)

M8 1947 c. 3 (N.I.)

76 Procedure. U.K.

(1) A children’s hearing or . . . F27 court, in exercising any jurisdiction under this Part of this Act in respect of a child, may proceed in the absence of the child or his parent or both.

(2) It shall be the duty of the reporter at any children’s hearing arranged for the purposes of section 72 of this Act and of the clerk to any . . . F27 court referring a case to a reporter for the purposes of section 73 of this Act to ensure that all documents relating to the case or certified copies thereof are transmitted to the . . . F27 court or, as the case may be, to the reporter to which the case stands referred.

(3) Where a child is to be transferred from a residential establishment in Scotland to any place in England or Wales or in Northern Ireland under this Part of this Act, it shall be the duty of the local authority responsible for the child to ensure the transfer of the child to that place.

(4) Where a children’s hearing is arranged under this Part of this Act in respect of a child subject to an . . . F27 training school order [F28 or order under section 74(3) of this Act relating to a training school] or committed to the care of a local authority in England or Wales or of a welfare authority in Northern Ireland, it shall be the duty of the managers . . . F27 of the training school or, as the case may be, of that local or welfare authority to ensure the transfer of the child to the place notified to them by the reporter.

Textual Amendments

F27 Words repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(d), Sch. 6

F28 Words inserted by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 73(4)(c), Sch. 5 para. 62

Modifications etc. (not altering text)

C5 S. 76(4) extended by Local Authority Social Services Act 1970 (c. 42, SIF 81:3), s. 2(1), Sch. 1

77 Meaning of child for the purposes of this Part of this Act. U.K.

(1) “Child” in this Part of this Act means—

(a) for the purpose of sections 69 to 71, a child within the meaning of Part III of this Act,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(c) for any other purpose, a person under eighteen.

(2) “Parent” in this Part of this Act includes a guardian.

Textual Amendments

F29 S. 77(1)(b) repealed by Children and Young Persons Act 1969 (c. 54, SIF 20), ss. 72(4), 73(4)(d), Sch. 6