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.
3 Assumption by local authority of parental rights and duties.
(1)
Subject to the provisions of this Part of this Act, if it appears to a local authority in relation to any child who is in their care under section 2 of this Act—
(a)
that his parents are dead and he has no guardian or custodian; or
(b)
that a parent of his—
(i)
has abandoned him, or
(ii)
suffers from some permanent disability rendering him incapable of caring for the child, or
(iii)
while not falling within sub-paragraph (ii) of this paragraph, suffers from a mental disorder (within the meaning of the M1Mental Health Act 1959), which renders him unfit to have the care of the child, or
(iv)
is of such habits or mode of life as to be unfit to have the care of the child, or
(v)
has so consistently failed without reasonable cause to discharge the obligations of a parent as to be unfit to have the care of the child; or
(c)
that a resolution under paragraph (b) of this subsection is in force in relation to one parent of the child who is, or is likely to become, a member of the household comprising the child and his other parent; or
(d)
that throughout the three years preceding the passing of the resolution the child has been in the care of a local authority under section 2 of this Act, or partly in the care of a local authority and partly in the care of a voluntary organisation,
the local authority may resolve that there shall vest in them the parental rights and duties with respect to that child, and, if the rights and duties were vested in the parent on whose account the resolution was passed jointly with another person, they shall also be vested in the local authority jointly with that other person.
(2)
In the case of a resolution passed under paragraph (b), (c) or (d) of subsection (1) above, unless the person whose parental rights and duties have under the resolution vested in the local authority has consented in writing to the passing of the resolution, the local authority, if that person’s whereabouts are known to them, shall forthwith after the passing of the resolution serve on him notice in writing of the passing thereof.
(3)
Every notice served by a local authority under subsection (2) above shall inform the person on whom the notice is served of his right to object to the resolution and the effect of any objection made by him.
(4)
If, not later than one month after notice is served on a person under subsection (2) above, he serves a counter-notice in writing on the local authority objecting to the resolution, the resolution shall, subject to the provisions of subsections (5) and (6) below, lapse on the expiry of fourteen days from the service of the counter-notice.
(5)
Where a counter-notice has been served on a local authority under subsection (4) above, the authority may not later than fourteen days after the receipt by them of the counter-notice complain to a juvenile court having jurisdiction in the area of the authority, and in that event the resolution shall not lapse until the determination of the complaint.
(6)
On hearing a complaint made under subsection (5) above the court may if it is satisfied—
(a)
that the grounds mentioned in subsection (1) above on which the local authority purported to pass the resolution were made out, and
(b)
that at the time of the hearing there continue to be grounds on which a resolution under that subsection could be founded, and
(c)
that it is in the interests of the child to do so,
order that the resolution shall not lapse by reason of the service of the counter-notice.
(7)
Any notice under this section (including a counter-notice) may be served by post, so however that a notice served by a local authority under subsection (2) above shall not be duly served by post unless it is sent by registered post or recorded delivery service.
(8)
Where, after a child has been received into the care of a local authority under section 2 of this Act, the whereabouts of any parent of his have remained unknown for twelve months, then, for the purposes of this section, the parent shall be deemed to have abandoned the child.
(9)
The Secretary of State may by order a draft of which has been approved by each House of Parliament amend subsection (1)(d) above by substituting a different period for the period mentioned in that paragraph (or the period which, by a previous order under this subsection, was substituted for that period).
(10)
In this section—
“parent”, except in subsection (1)(a), includes a guardian or custodian;
“parental rights and duties”, in relation to a particular child, does not include—
(a)
the right to consent or refuse to consent to the making of an application under section 18 of the M2Adoption Act 1976 (orders freeing a child for adoption in England and Wales) or section 18 of the M3Adoption (Scotland) Act 1978 (orders freeing a child for adoption in Scotland), and
(b)
the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 (orders in England and Wales authorising adoption abroad) or section 49 of the Adoption (Scotland) Act 1978 (orders in Scotland authorising adoption abroad).