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Adoption and Children Act 2002
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Adoption and Children Act 2002, Section 34 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 34:
- s. 4A inserted by 2014 c. 6 s. 5
- s. 34 extended (N.I.) by 2022 c. 18 (N.I.) s. 110(2)(3)
34 Placement orders: prohibition on removalE+W
This section has no associated Explanatory Notes
(1)Where a placement order in respect of a child—
(a)is in force, or
(b)has been revoked, but the child has not been returned by the prospective adopters or remains in any accommodation provided by the local authority,
a person (other than the local authority) may not remove the child from the prospective adopters or from accommodation provided by the authority.
(2)A person who removes a child in contravention of subsection (1) is guilty of an offence.
(3)Where a court revoking a placement order in respect of a child determines that the child is not to remain with any former prospective adopters with whom the child is placed, they must return the child to the local authority within the period determined by the court for the purpose; and a person who fails to do so is guilty of an offence.
(4)Where a court revoking a placement order in respect of a child determines that the child is to be returned to a parent or guardian, the local authority must return the child to the parent or guardian as soon as the child is returned to the authority or, where the child is in accommodation provided by the authority, at once.
(5)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.
(6)This section does not affect the exercise by any local authority or other person of a power conferred by any enactment, other than section 20(8) of the 1989 Act [F1or section 76(5) of the 2014 Act (removal of children from local authority accommodation)].
(7)This section does not prevent the removal of a child who is arrested.
(8)This section applies whether or not the child in question is in England and Wales.
Textual Amendments
F1Words in s. 34(6) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 192
Commencement Information
I1S. 34 in force at 30.12.2005 by S.I. 2005/2213, art. 2(c) (with savings and transitional provisions in S.I. 2005/2897, arts. 3-16)
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