Part III Care
Children in care of voluntary organisations in England and Wales
F160 Transfer of parental rights and duties to voluntary organisations.
1
Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—
a
that the child is not in the care of any local authority, and
b
that a condition specified in section 2(1) of the M1Children Act 1948 is satisfied; and
c
that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,
the authority may, subject to subsections (5) and (6), resolve that there shall vest in the organisation the parental rights and duties with respect to that child.
2
While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.
3
If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.
4
In determining, for the purposes of subsection (1) of this section, whether the condition specified in section 2(1)(b)(i) of the Children Act 1948 is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.
5
A resolution under subsection (1) may not be passed by a local authority in respect of any child unless—
a
the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and
b
that organisation has requested the authority to pass the resolution.
6
The parental rights and duties which may vest in an organisation by virtue of this section do not include the right to consent or refuse to consent to the making of an application under section 14 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25; and regulations made under section 33(1) of the Children Act 1948 shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.
7
Subsection (8) of section 2 of the Children Act 1948 shall apply in relation to a resolution under subsection (1) as if it were a resolution under the said section 2.
61F2 Duty of local authority to assume parental rights and duties.
1
If it appears to a local authority, having regard to the interests of the welfare of a child living within their area, the parental rights and duties with respect to whom are by virtue of a resolution under section 60 vested in a voluntary organisation, that it is necessary that the parental rights and duties should no longer be vested in the organisation, the local authority shall resolve that there shall vest in them the parental rights and duties relating to the child.
2
The local authority shall within seven days of passing a resolution under subsection (1) by notice in writing inform the organisation and each parent, guardian or custodian of the child whose whereabouts are known to them that the resolution has been passed.
62F3 Effect of resolutions under sections 60 and 61.
1
A resolution under subsection (1) of section 60 shall cease to have effect on the passing of a resolution under subsection (1) of section 61.
2
Section 6 of the M2Children Act 1948 shall have effect in relation to a resolution under subsection (1) of section 60 as it has effect in relation to a resolution under section 2 of that Act.
3
A resolution under subsection (1) of section 61 shall be deemed to be a resolution under section 2 of the Children Act 1948 except that sections 2(2) to (7) and 4(3) of that Act shall not apply.
63F4 Appeals by parents etc.
1
Subsections (2) to (5) and (7) of section 2 of the Children Act 1948 shall apply to a resolution under section 60 as they apply to a resolution under the said section 2, with the substitution for the reference in subsection (2) to the vesting of parental rights and duties in the local authority of a reference to the vesting of parental rights and duties in the voluntary organisation.
2
An appeal may be made—
a
where the complaint relates to a resolution under section 60, by a person deprived of parental rights and duties by the resolution, or
b
where the complaint relates to a resolution under section 61, by a person who but for that resolution and an earlier resolution under section 60 would have parental rights and duties,
to a juvenile court having jurisdiction in the area of the authority which passed the resolution, on the ground that—
i
there was no ground for the making of the resolution, or
ii
that the resolution should in the interests of the child be determined.
3
An appeal shall lie to the High Court against the decision of a juvenile court under this section.
4
Section 4B of the M3Children Act 1948 shall apply in relation to proceedings under this section.