Children and Young Persons Act 1969

[F1 Care of children and young persons through juvenile courts] E+W

Textual Amendments

F1 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

1 Care proceedings in juvenile courts. E+W

(1) Any local authority, constable or authorised person who reasonably believes that there are grounds for making an order under this section in respect of a child or young person may, subject to section 2(3) and (8) of this Act, bring him before a juvenile court.

(2) If the court before which a child or young person is brought under this section is of opinion that any of the following conditions is satisfied with respect to him, that is to say—

(a) his proper development is being avoidably prevented or neglected or his health is being avoidably impaired or neglected or he is being ill-treated; or

(b) it is probable that the condition set out in the preceding paragraph will be satisfied in his case, having regard to the fact that the court or another court has found that that condition is or was satisfied in the case of another child or young person who is or was a member of the household to which he belongs; or

[F2 (bb) it is probable that the conditions set out in paragraph (a) of this subsection will be satisfied in his case, having regard to the fact that a person who has been convicted of an offence mentioned in Schedule 1 to the Act of 1933, including a person convicted of such an offence on whose conviction for the offence an order was made under Part I of the M1 Powers of Criminal Courts Act 1973 placing him on probation or discharging him absolutely or conditionally is, or may become, a member of the same household as the child or young person;]

(c) he is exposed to moral danger; or

(d) he is beyond the control of his parent or guardian; or

(e) he is of compulsory school age within the meaning of the M2 Education Act 1944 and is not receiving efficient full-time education suitable to his age, ability and aptitude [F3 and to any special educational needs he may have]; or

(f) he is guilty of an offence, excluding homicide,

and also that he is in need of care or control which he is unlikely to receive unless the court makes an order under this section in respect of him, then, subject to the following provisions of this section and sections 2 and 3 of this Act, the court may if it thinks fit make such an order.

(3) The order which a court may make under this section in respect of a child or young person is—

(a) an order requiring his parent or guardian to enter into a recognisance to take proper care of him and exercise proper control over him; or

(b) a supervision order; or

(c) a care order (other than an interim order); or

(d) a hospital order within the meaning of [F4 Part III of the M3 Mental Health Act 1983]; or

(e) a guardianship order within the meaning of that Act.

(4) In any proceedings under this section the court may make orders in pursuance of paragraphs (c) and (d) of the preceding subsection but subject to that shall not make more than one of the orders mentioned in the preceding subsection, without prejudice to any power to make a further order in subsequent proceedings of any description; and if in proceedings under this section the court makes one of those orders and an order so mentioned is already in force in respect of the child or young person in question, the court may discharge the earlier order unless it is a hospital or guardianship order.

(5) An order under this section shall not be made in respect of a child or young person—

(a) in pursuance of paragraph (a) of subsection (3) of this section unless the parent or guardian in question consents;

(b) in pursuance of paragraph (d) or (e) of that subsection unless the conditions which, under [F5 section 37 of the said Act of 1983], are required to be satisfied for the making of a hospital or guardianship order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable;

(c) if he has attained the age of sixteen and is or has been married.

(6) In this section “authorised person” means a person authorised by order of the Secretary of State to bring proceedings in pursuance of this section and any officer of a society which is so authorised, and in sections 2 and 3 of this Act “care proceedings” means proceedings in pursuance of this section and “relevant infant” means the child or young person in respect of whom such proceedings are brought or proposed to be brought.

Textual Amendments

F2 S. 1(2)(bb) substituted by Health and Social Services and Social Security Adjudications Act 1983 (c. 41, SIF 113:3), Sch. 2 para. 10

F3 Words inserted by Education Act 1981 (c. 60, SIF 41), Sch. 3 para. 9

F4 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(a)

F5 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(b)

Modifications etc. (not altering text)

C1 S. 1(2) restricted by Child Abduction and Custody Act 1985 (c. 60, SIF 20), ss. 9(a), 12, 20(2)(a), Sch. 1 art. 16

Marginal Citations

M1 1973 c. 62(39:1).

M2 1944 c. 31(41:1).

M3 1983 c. 20(85).

[F6 2 Provisions supplementary to s. 1. E+W

(1) If a local authority receive information suggesting that there are grounds for bringing care proceedings in respect of a child or young person who resides or is found in their area, it shall be the duty of the authority to cause enquiries to be made into the case unless they are satisfied that such enquiries are unnecessary.

(2) If it appears to a local authority that there are grounds for bringing care proceedings in repect of a child or young person who resides or is found in their area, it shall be the duty of the authority to exercise their power under the preceding section to bring care proceedings in respect of him unless they are satisfied that it is neither in his interest nor the public interest to do so or that some other person is about to do so or to charge him with an offence.

(3) No care proceedings shall be begun by any person unless that person has given notice of the proceedings to the local authority for the area in which it appears to him that the relevant infant resides or, if it appears to him that the relevant infant does not reside in the area of a local authority, to the local authority for any area in which it appears to him that any circumstances giving rise to the proceedings arose; but the preceding provisions of this subsection shall not apply where the person by whom the notice would fall to be given is the local authority in question.

(4) Without prejudice to any power to issue a summons or warrant apart from this subsection, a justice may issue a summons or warrant for the purpose of securing the attendance of the relevant infant before the court in which care proceedings are brought or proposed to be brought in respect of him; but [F7 subsections (3) and (4) of section 55 of the M4 Magistrates’ Courts Act 1980] (which among other things restrict the circumstances in which a warrant may be issued) shall apply with the necessary modifications to a warrant under this subsection as they apply to a warrant under that section and as if in subsection (3) after the word “summons” there were inserted the words “cannot be served or”.

(5) Where the relevant infant is arrested in pursuance of a warrant issued by virtue of the preceding subsection and cannot be brought immediately before the court aforesaid, the person in whose custody he is—

(a) may make arrangements for his detention in a place of safety for a period of not more than seventy-two hours from the time of the arrest (and it shall be lawful for him to be detained in pursuance of the arrangements); and

(b) shall within that period, unless within it the relevant infant is brought before the court aforesaid, bring him before a justice;

and the justice shall either make an interim order in respect of him or direct that he be released forthwith.

(6) [F8 Section 97 of the M5 Magistrates’ Courts Act 1980] (under which a summons or warrant may be issued to secure the attendance of a witness) shall apply to care proceedings as it applies to the hearing of a complaint.

(7) In determining whether the condition set out in subsection (2)(b) of the preceding section is satisfied in respect of the relevant infant, it shall be assumed that no order under that section is to be made in respect of him.

(8) In relation to the condition set out in subsection (2)(e) of the preceding section the references to a local authority in that section and subsections (1), (2) and (11) (b) of this section shall be construed as references to a local education authority; and in any care proceedings—

(a) the court shall not entertain an allegation that that condition is satisfied unless the proceedings are brought by a local education authority; and

(b) the said condition shall be deemed to be satisfied if the relevant infant is of the age mentioned in that condition and it is proved that he—

(i) is the subject of a school attendance order which is in force under section 37 of the M6 Education Act 1944 and has not been complied with, or

(ii) is a registered pupil at a school which he is not attending regularly within the meaning of section 39 of that Act, or

(iii) is a person whom another person habitually wandering from place to place takes with him,

unless it is also proved that he is receiving the education mentioned in that condition;

but nothing in paragraph (a) of this subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether that condition is satisfied in respect of the relevant infant.

(9) If on application under this subsection to the court in which it is proposed to bring care proceedings in respect of a relevant infant who is not present before the court it appears to the court that he is under the age of five and either—

(a) it is proved to the satisfaction of the court, on oath or in such other manner as may be prescribed by rules under [F9 section 144 of the M7 Magistrates’ Courts Act 1980], that notice of the proposal to bring the proceedings at the time and place at which the application is made was served on the parent or guardian of the relevant infant at what appears to the court to be a reasonable time before the making of the application; or

(b) it appears to the court that his parent or guardian is present before the court

the court may if it thinks fit, after giving the parent or guardian if he is present an opportunity to be heard, give a direction under this subsection in respect of the relevant infant; and a relevant infant in respect of whom such a direction is given by a court shall be deemed to have been brought before the court under section 1 of this Act at the time of the direction, and care proceedings in respect of him may be continued accordingly.

(10) If the court before which the relevant infant is brought in care proceedings is not in a position to decide what order, if any, ought to be made under the preceding section in respect of him, [F10 the court may make—

(a) an interim order; or

(b) an interim hospital order within the meaning of [F11 section 38 of the M8 Mental Health Act 1983]

in respect of him; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under [F11 the said section 38], are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied in his case so far as they are applicable.]

(11) If it appears to the court before which the relevant infant is brought in care proceedings that he resides in a petty sessions area other than that for which the court acts, the court shall, unless it dismisses the case and subject to subsection (5) of the following section, direct that he be brought under the preceding section before a juvenile court acting for the petty sessions area in which he resides; and where the court so directs—

(a) it may make an interim order in respect of him and, if it does so, shall cause the clerk of the court to which the direction relates to be informed of the case;

(b) if the court does not make such an order it shall cause the local authority in whose area it appears to the court that the relevant infant resides to be informed of the case, and it shall be the duty of that authority to give effect to the direction within twenty-one days.

(12) The relevant infant [F12 or, in a case where a parent or guardian of his was a party to the care proceedings by virtue of an order under section 32A of this Act, the parent or guardian] may appeal to [F13 the Crown court] against any order made in respect of [F14 the relevant infant] under the preceding section except such an order as is mentioned in subsection (3)(a) of that section.

(13) Such an order as is mentioned in subsection (3)(a) of the preceding section shall not require the parent or guardian in question to enter into a recognisance for an amount exceeding [F15 £1,000] or for a period exceeding three years or, where the relevant infant will attain the age of eighteen in a period shorter than three years, for a period exceeding that shorter period; and [F16 section 120 of the M9 Magistrates’ Courts Act 1980] (which relates to the forfeiture of recognisances) shall apply to a recognisance entered into in pursuance of such an order as it applies to a recognisance to keep the peace.

(14) For the purposes of this Act, care proceedings in respect of a relevant infant are begun when he is first brought before a juvenile court in pursuance of the preceding section in connection with the matter to which the proceedings relate.]

Textual Amendments

F6 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F7 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(a)

F8 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(b)

F9 Words substituted by virtue of Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 8 para. 5

F10 Words substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 3 para. 44

F11 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 26(c)

F12 Words inserted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(1), 6

F13 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F14 Words substituted by Children and Young Persons (Amendment) Act 1986 (c. 28, SIF 20), ss. 2(1), 6

F15 Words substituted by S.I. 1984/447, Sch. 1

F16 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154(2), Sch. 7 para. 78(c)

Modifications etc. (not altering text)

C2 S. 2(11) restricted by S.I. 1988/913, rules 13(1), 27(1)

C3 Power to amend s. 2(13) conferred by Magistrate's Courts Act 1980 (c. 43, SIF 82), s. 143(2)(i) (as added by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 48(1)(b))

Marginal Citations

M4 1980 c. 43(82).

M5 1980 c. 43(82).

M6 1944 c. 31(41:1).

M7 1980 c. 43(82).

M8 1983 c. 20(85).

M9 1980 c. 43(82).

[F17 3 Further supplementary provisions relating to s. 1(2)(f) E+W

(1) In any care proceedings, no account shall be taken for the purposes of the condition set out in paragraph (f) of subsection (2) of section 1 of this Act (hereafter in this section referred to as “the offence condition”) of an offence alleged to have been committed by the relevant infant if—

(a) in any previous care proceedings in respect of him it was alleged that the offence condition was satisfied in consequence of the offence; or

(b) the offence is a summary offence. . . F18 and, disregarding section 4 of this Act, the period for beginning summary proceedings in respect of it expired before the care proceedings were begun; or

(c) disregarding section 4 of this Act, he would if charged with the offence be entitled to be discharged under any rule of law relating to previous acquittal or conviction.

(2) In any care proceedings the court shall not entertain an allegation that the offence condition is satisfied in respect of the relevant infant unless the proceedings are brought by a local authority or a constable [F19 and, in the case of proceedings brought by a constable, the Director of Public Prosecutions has consented to the allegation being made]; but nothing in this or the preceding subsection shall prevent any evidence from being considered in care proceedings for any purpose other than that of determining whether the offence condition is satisfied in respect of the relevant infant.

(3) If in any care proceedings the relevant infant is alleged to have committed an offence in consequence of which the offence condition is satisfied with respect to him, the court shall not find the offence condition satisfied in consequence of the offence unless, disregarding section 4 of this Act, it would have found him guilty of the offence if the proceedings had been in pursuance of an information duly charging him with the offence and the court had had jurisdiction to try the information; and without prejudice to the preceding provisions of this subsection the same proof shall be required to substantiate or refute an allegation that the offence condition is satisfied in consequence of an offence as is required to warrant a finding of guilty, or as the case may be, of not guilty of the offence.

(4) A person shall not be charged with an offence if in care proceedings previously brought in respect of him it was alleged that the offence condition was satisfied in consequence of that offence.

(5) If in any care proceedings in which it is alleged that the offence condition is satisfied in respect of the relevant infant it appears to the court that the case falls to be remitted to another court in pursuance of subsection (11) of the preceding section but that it is appropriate to determine whether the condition is satisfied before remitting the case, the court may determine accordingly; and any determination under this subsection shall be binding on the court to which the case is remitted.

[F20 (6) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant, then, whether or not the court makes an order under section 1 of this Act—

(a) section 35 of the M10 Powers of Criminal Courts Act 1973 (which relates to compensation for personal injury and loss of or damage to property) shall apply as if the finding were a finding of guilty of the offence; and

(b) it shall be the duty of the court, subject to subsections (6A) and (6B) of this section, to order that any sum awarded by virtue of this section be paid by the relevant infant’s parent or guardian instead of by the relevant infant, unless the court is satisfied—

(i) that the parent or guardian cannot be found; or

(ii) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(6A) An order shall not be made in pursuance of the preceding subsection unless the parent or guardian has been given an opportunity of being heard or has been required to attend the proceedings and failed to do so.

(6B) where the finding that the offence condition is satisfied is made in pursuance of subsection (5) of this section, the powers conferred by subsection (6) of this section shall be exercisable by the court to which the case is remitted instead of by the court which made the finding.]

(7) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant and he is a young person, the court may if it thinks fit and he consents, instead of making such an order as is mentioned in section 1(3) of this Act, order him to enter into a recognisance for an amount not exceeding [F21 £50] and for a period not exceeding one year to keep the peace or to be of good behaviour; and such an order shall be deemed to be an order under section 1 of this Act but no appeal to [F22 the Crown court] may be brought against an order under this subsection.

(8) Where in any care proceedings the court finds the offence condition satisfied with respect to the relevant infant in consequence of an offence which was not admitted by him before the court, then—

(a) if the finding is made in pursuance of subsection (5) of this section and the court to which the case is remitted decides not to make any order under section 1 of this Act in respect of the relevant infant; or

(b) if the finding is not made in pursuance of that subsection and the court decides as aforesaid,

the relevant infant may appeal to [F23 the Crown court] against the finding, and in a case falling within paragraph (a) of this subsection any notice of appeal shall be given within [F24 twenty-one days] after the date of the decision mentioned in that paragraph; and a person ordered to pay compensation by virtue of subsection (6) of this section may appeal to [F23 the Crown court] against the order.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25 ]

Textual Amendments

F17 Ss. 1–3 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(6)(7), Sch. 14 para. 27(4), Sch. 15

F18 Words repealed by Criminal Law Act 1977 (c. 45, SIF 39:1), Sch. 13

F19 Words inserted by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 27

F20 S. 3(6)(6A)(6B) substituted for s. 3(6) by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 27

F21 Words substituted by Criminal Law Act 1977 (c. 45, SIF 39:1), s. 58(3)

F22 Words substituted by Courts Act 1971 (c. 23, SIF 37), Sch. 8 para. 59(1)

F23 Words substituted by virtue of Courts Act 1971 (c. 23, SIF 37), s. 56(2), Sch. 9 Pt. I

F24 Words substituted by S.I. 1982/1109, Sch. 3 Pt. II para. 6

F25 S. 3(9) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt IV

Marginal Citations

M10 1973 c. 62(39:1).