Part I

Powers and Duties of Local Authorities in Relation to the Welfare and Care of Children

Duty of local authorities to assume care of orphans and deserted children etc.

Duty of local authority to provide for orphans, deserted children etc.
2
1
Where it appears to a local authority with respect to a child in their area appearing to them to be under the age of seventeen—
a
that he has neither parent nor guardian or has been and remains abandoned by his parents or guardian or is lost; or
b
that his parents or guardian are, for the time being or permanently, prevented by reason of mental or bodily disease or infirmity or other incapacity or any other circumstances from providing for his proper accommodation, maintenance and upbringing; and
c
in either case, that the intervention of the local authority under this section is necessary in the interests of the welfare of the child,
it shall be the duty of the local authority to receive the child into their care under this section.
2
Where a local authority have received a child into their care under this section, it shall, subject to the provisions of this Part of this Act, be their duty to keep the child in their care so long as the welfare of the child appears to them to require it and the child has not attained the age of eighteen.
3
Nothing in this section shall authorise a local authority to keep a child in their care under this section if any parent or guardian desires to take over the care of the child, and the local authority shall, in all cases where it appears to them consistent with the welfare of the child so to do, endeavour to secure that the care of the child is taken over either—
a
by a parent or guardian of his, or
b
by a relative or friend of his, being, where possible, a person of the same religious persuasion as the child or who gives an undertaking that the child will be brought up in that religious persuasion.
4
Where a local authority receive into their care under this section a child who is then ordinarily resident in the area of another local authority—
a
that other local authority may at any time not later than three months after the determination (whether by agreement between the authorities or in accordance with the following provisions of this subsection) of the ordinary residence of the child, or with the concurrence of the first mentioned authority at any subsequent time, take over the care of the child; and
b
the first mentioned authority may recover from the other authority any expenses duly incurred by them under Part III of this Act in respect of the child (including any expenses so incurred after he has ceased to be a child and, if the other authority takes over the care of him, including also any travelling or other expenses incurred in connection with the taking over).
Any question arising under this subsection as to the ordinary residence of a child shall be determined by the Secretary of State and in this subsection any reference to another local authority includes a reference to a local authority within the meaning of the Social Work (Scotland) Act 1968.
5
In determining for the purposes of subsection (4) above the ordinary residence of any child, any period during which he resides in any place—
a
as an inmate of a school or other institution, or
b
in accordance with the requirements of a supervision order or probation order or of a supervision requirement, or
c
in accordance with the conditions of a recognisance, or
d
while boarded out under this Act, the Children and Young Persons (Scotland) Act 1937 or Part II of the Social Work (Scotland) Act 1968 by a local authority or education authority,
shall be disregarded.
6
Any reference in this section to the parents or guardian of a child shall be construed as a reference to all the persons who are parents of the child or who are guardians of the child.
Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 21(1), 27(4) 31, 36(3)(b) with saving for ss. 16(1) and 24 in Sch. 14 paras. 23 and 28); S.I. 1991/828, art. 3(2). (Certain provisions of this Act are expressed to be amended (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para. 40(2); S.I. 1992/333, art. 2(2), Sch. 2.
1968 c. 49.
1937 c. 37.
1968 c. 49.