Children Act 1989

Part I E+W Introductory

1 Welfare of the child. E+W

(1) When a court determines any question with respect to—

(a) the upbringing of a child; or

(b) the administration of a child’s property or the application of any income arising from it,

the child’s welfare shall be the court’s paramount consideration.

(2) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

[F1 (2A) A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.

(2B) In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.]

(3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b) his physical, emotional and educational needs;

(c) the likely effect on him of any change in his circumstances;

(d) his age, sex, background and any characteristics of his which the court considers relevant;

(e) any harm which he has suffered or is at risk of suffering;

(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g) the range of powers available to the court under this Act in the proceedings in question.

(4) The circumstances are that—

(a) the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or

(b) the court is considering whether to make, vary or discharge [F2 a special guardianship order or] an order under Part IV.

(5) Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

[F3 (6) In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—

(a) is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and

(b) is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.

(7) The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).]

Textual Amendments

F1 S. 1(2A)(2B) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(2), 139(6); S.I. 2014/2749, art. 3 (with art. 4)

F2 Words in s. 1(4)(b) inserted (30.12.2005) by 2002 c. 38, ss. 115(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F3 S. 1(6)(7) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(3), 139(6); S.I. 2014/2749, art. 3 (with art. 4)

Modifications etc. (not altering text)

C1 S. 1(2)(3)(a)-(f) applied (with modifications) (14.10.1991) by S.I. 1991/1395, rule 11(1) (as amended (8.12.2008) by The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008 (S.I. 2008/2858), rule 7)

Commencement Information

I1 S. 1 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

2 Parental responsibility for children. E+W

(1) Where a child’s father and mother were married to [F4 , or civil partners of,] each other at the time of his birth, they shall each have parental responsibility for the child.

[F5 (1A) Where a child—

(a) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or

(b) has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

the child's mother and the other parent shall each have parental responsibility for the child.

(2) Where a child’s father and mother were not married to [F6 , or civil partners of,] each other at the time of his birth—

(a) the mother shall have parental responsibility for the child;

(b) the father [F7 shall have parental responsibility for the child if he has acquired it (and has not ceased to have it)] in accordance with the provisions of this Act.]

[F8 (2A) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—

(a) the mother shall have parental responsibility for the child;

(b) the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.]

(3) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to [F9 , or civil partners of,] each other at the time of his birth must be read with section 1 of the M1 Family Law Reform Act 1987 (which extends their meaning).

(4) The rule of law that a father is the natural guardian of his legitimate child is abolished.

(5) More than one person may have parental responsibility for the same child at the same time.

(6) A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.

(7) Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.

(8) The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act.

(9) A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.

(10) The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.

(11) The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.

Textual Amendments

F4 Words in s. 2(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)

F5 S. 2(1A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(2); S.I. 2009/479, art. 6(1)(e)

F6 Words in s. 2(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)

F7 Words in s. 2(2) substituted (1.12.2003) by 2002 c. 38, ss. 111(5), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F8 S. 2(2A) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 26(3); S.I. 2009/479, art. 6(1)(e)

F9 Words in s. 2(3) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(2)

Commencement Information

I2 S. 2 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1987 c. 42.

3 Meaning of “parental responsibility”. E+W

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

(2) It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property.

(3) The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover.

(4) The fact that a person has, or does not have, parental responsibility for a child shall not affect—

(a) any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or

(b) any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property.

(5) A person who—

(a) does not have parental responsibility for a particular child; but

(b) has care of the child,

may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.

Commencement Information

I3 S. 3 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

4 Acquisition of parental responsibility by father. E+W

(1) Where a child’s father and mother were not married to [F10 , or civil partners of,] each other at the time of his birth [F11 , the father shall acquire parental responsibility for the child if—

(a) he becomes registered as the child’s father under any of the enactments specified in subsection (1A);

(b) he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or

(c) the court, on his application, orders that he shall have parental responsibility for the child.]

[F12 (1A) The enactments referred to in subsection (1)(a) are—

(a) paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;

(b) paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c) sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(1B) The [F13 Secretary of State] may by order amend subsection (1A) so as to add further enactments to the list in that subsection.]

(2) No parental responsibility agreement shall have effect for the purposes of this Act unless—

(a) it is made in the form prescribed by regulations made by the Lord Chancellor; and

(b) where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.

[F14 (2A) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(3) The court may make an order under subsection (2A) on the application—

(a) of any person who has parental responsibility for the child; or

(b) with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).]

(4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.

Textual Amendments

F10 Words in s. 4(1) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(3)

F11 Words in s. 4(1) substituted (1.12.2003) by 2002 c. 38, ss. 111(2), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F12 S. 4(1A)(1B) inserted (1.12.2003) by 2002 c. 38, ss. 111(3), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F13 Words in s. 4(1B) substituted (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), art. 6, Sch. para. 1

F14 S. 4(2A)(3) substituted (1.12.2003) for s. 4(3) by 2002 c. 38, ss. 111(4), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

Modifications etc. (not altering text)

C2 S. 4(1B): transfer of functions (12.1.2004) by The Transfer of Functions (Children, Young People and Families) Order 2003 (S.I. 2003/3191), arts. 3(a), 4

Commencement Information

I4 S. 4 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F15 4ZA Acquisition of parental responsibility by second female parent E+W

(1) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—

(a) she becomes registered as a parent of the child under any of the enactments specified in subsection (2);

(b) she and the child's mother make an agreement providing for her to have parental responsibility for the child; or

(c) the court, on her application, orders that she shall have parental responsibility for the child.

(2) The enactments referred to in subsection (1)(a) are—

(a) paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;

(b) paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c) sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.

(3) The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.

(4) An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.

(5) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.

(6) The court may make an order under subsection (5) on the application—

(a) of any person who has parental responsibility for the child; or

(b) with the leave of the court, of the child himself,

subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).

(7) The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.]

Textual Amendments

F15 S. 4ZA inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 27; S.I. 2009/479, art. 6(1)(e)

[F16 4A Acquisition of parental responsibility by step-parent E+W

(1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to [F17 , or a civil partner of,] a person who is not the child’s parent (“the step-parent”)—

(a) parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or

(b) the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.

(2) An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.

(3) A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application—

(a) of any person who has parental responsibility for the child; or

(b) with the leave of the court, of the child himself.

(4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.]

Textual Amendments

F16 S. 4A inserted (30.12.2005) by 2002 c. 38, ss. 112, 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F17 Words in s. 4A(1) inserted (30.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(2); S.I. 2005/3175, art. 2(9)

5 Appointment of guardians. E+W

(1) Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if—

(a) the child has no parent with parental responsibility for him; or

(b) a [F18 parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and] has died while the order was in force [F19 ; or

(c) paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.]

(2) The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.

(3) A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death.

(4) A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death [F20 ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death].

(5) An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or—

(a) in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the M2 Wills Act 1837; or

(b) in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.

(6) A person appointed as a child’s guardian under this section shall have parental responsibility for the child concerned.

(7) Where—

(a) on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or

(b) immediately before the death of any person making such an appointment, a [F21 child arrangements order was in force in which the person was named as a person with whom the child was to live or the person] [F22 was the child’s only (or last surviving) special guardian],

the appointment shall take effect on the death of that person.

(8) Where, on the death of any person making an appointment under subsection (3) or (4)—

(a) the child concerned has a parent with parental responsibility for him; and

(b) subsection (7)(b) does not apply,

the appointment shall take effect when the child no longer has a parent who has parental responsibility for him.

(9) Subsections (1) and (7) do not apply if the [F23 child arrangements] order referred to in paragraph (b) of those subsections [F24 also named] a surviving parent of the child [F25 as a person with whom the child was to live].

(10) Nothing in this section shall be taken to prevent an appointment under subsection (3) or (4) being made by two or more persons acting jointly.

(11) Subject to any provision made by rules of court, no court shall exercise the High Court’s inherent jurisdiction to appoint a guardian of the estate of any child.

(12) Where rules of court are made under subsection (11) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.

(13) A guardian of a child may only be appointed in accordance with the provisions of this section.

Textual Amendments

F18 Words in s. 5(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F19 S. 5(1)(c) and preceding word inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(a)(ii), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F20 Words in s. 5(4) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/3213, art. 2(k)

F21 Words in s. 5(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F22 Words in s. 5(7) inserted (30.12.2005) by 2002 c. 38, ss. 115(4)(c), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F23 Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F24 Words in s. 5(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F25 Words in s. 5(9) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 2(4)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I5 S. 5 (except s. 5(11)(12)) in force at 14.10.1991 by S.I. 1991/828, art. 3(2); and s. 5(11)(12) in force at 1.2.1992 by S.I. 1991/828, art. 3 (as amended by S.I. 1991/1990, art. 2)

Marginal Citations

M2 1837 c. 26.

6 Guardians: revocation and disclaimer. E+W

(1) An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.

(2) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed—

(a) by him; or

(b) at his direction, in his presence and in the presence of two witnesses who each attest the signature.

(3) An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it—

(a) destroys the instrument by which it was made; or

(b) has some other person destroy that instrument in his presence.

[F26 (3A) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either—

(a) a decree of a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or

(b) the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986,

unless a contrary intention appears by the appointment.]

[F27 (3B) An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either—

(a) an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or

(b) the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,

unless a contrary intention appears by the appointment.]

(4) For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked.

(5) A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect.

(6) Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.

(7) Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court—

(a) on the application of any person who has parental responsibility for the child;

(b) on the application of the child concerned, with leave of the court; or

(c) in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.

Textual Amendments

F26 S. 6(3A) inserted (8.11.1995 with effect as mentioned in s. 4(2) of the amending Act) by 1995 c. 41, ss. 4(1)(2)

F27 S. 6(3B) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 76; S.I. 2005/3175, art. 2(1), Sch. 1

Commencement Information

I6 S. 6 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

7 Welfare reports. E+W

(1) A court considering any question with respect to a child under this Act may—

(a) ask [F28 an officer of the Service] [F29 or a Welsh family proceedings officer] ; or

(b) ask a local authority to arrange for—

(i) an officer of the authority; or

(ii) such other person (other than [F28 an officer of the Service] [F29 or a Welsh family proceedings officer] ) as the authority considers appropriate,

to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.

(2) The Lord Chancellor may [F30 , after consulting the Lord Chief Justice,] make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section.

(3) The report may be made in writing, or orally, as the court requires.

(4) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a) any statement contained in the report; and

(b) any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.

(5) It shall be the duty of the authority or [F28 officer of the Service] [F29 or a Welsh family proceedings officer] to comply with any request for a report under this section.

[F31 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]

Textual Amendments

F28 Words in s. 7(1)(5) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 88; S.I. 2001/919, art. 2(f)(ii)

F29 Words in s. 7(1)(5) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 6; S.I. 2005/700, art. 2(2)

F30 Words in s. 7(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F31 S. 7(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 204(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Commencement Information

I7 S. 7 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part II E+W Orders With Respect To Children In Family Proceedings

General E+W

8 [F32 Child arrangements orders] and other orders with respect to children. E+W

(1) In this Act —

• "[F33 child arrangements order" means an order regulating arrangements relating to any of the following—

  (a)

  with whom a child is to live, spend time or otherwise have contact, and

  (b)

  when a child is to live, spend time or otherwise have contact with any person;]

• F34 ...

• “a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;

• F34 ...

• “a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(2) In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.

(3) For the purposes of this Act “family proceedings” means any proceedings—

(a) under the inherent jurisdiction of the High Court in relation to children; and

(b) under the enactments mentioned in subsection (4),

but does not include proceedings on an application for leave under section 100(3).

(4) The enactments are—

(a) Parts I, II and IV of this Act;

(b) the M3 Matrimonial Causes Act 1973;

[F35 (ba) Schedule 5 to the Civil Partnership Act 2004;]

[F36 (c) the M4 Domestic Violence and Matrimonial Proceedings Act 1976;

(d) the Adoption and Children Act 2002;]

(e) the M5 Domestic Proceedings and Magistrates’ Courts Act 1978;

[F37 (ea) Schedule 6 to the Civil Partnership Act 2004;]

[F36 (f) sections 1 and 9 of the M6 Matrimonial Homes Act 1983; ]

(g) Part III of the M7 Matrimonial and Family Proceedings Act 1984.

F38 [( h ) the Family Law Act 1996]

[F39 (i) sections 11 and 12 of the Crime and Disorder Act 1998.]

[F40 (j) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule).]

Textual Amendments

F32 Words in s. 8 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 3; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F33 Words in s. 8(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 12(3), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F34 Words in s. 8(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 12(2), 139(6); S.I. 2014/889, art. 4(b) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F35 S. 8(4)(ba) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(2); S.I. 2005/3175, art. 2(2)

F36 S. 8(4)(c) and (f) repealed (1.10.1997) by 1996 c. 27, ss. 66(1)(3), Sch. 8 Pt. III para. 60(1), Sch. 10 (with Sch. 9 para. 5); S.I. 1997/1892, art. 3(1)(b)

F37 S. 8(4)(ea) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 26(1), Sch. 27 para. 129(3); S.I. 2005/3175, art. 2(2)

F38 S. 8(4)(h) inserted (1.10.1997) by 1996 c. 27, ss. 66(1), Sch. 8 Pt. III para. 60(1); S.I. 1997/1892, art. 3(a)

F39 S. 8(4)(i) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 68; S.I. 1998/2327, art. 2(1)(y)(2)(u) (subject to arts. 5-8)

F40 S. 8(4)(j) inserted (15.3.2019) by Children Act 1989 (Amendment) (Female Genital Mutilation) Act 2019 (c. 10), ss. 1(2), 2(2)

Commencement Information

I8 S. 8 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M3 1973 c. 18.

M4 1976 c. 50.

M5 1978 c. 22.

M6 1983 c. 19.

M7 1984 c. 42.

9 Restrictions on making section 8 orders. E+W

(1) No court shall make any section 8 order, other than a [F41 child arrangements order to which subsection (6B) applies], with respect to a child who is in the care of a local authority.

(2) No application may be made by a local authority for a [F42 child arrangements] order and no court shall make such an order in favour of a local authority.

(3) A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless—

(a) he has the consent of the authority;

(b) he is a relative of the child; or

(c) the child has lived with him for at least [F43 one year] preceding the application.

(4) F44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) No court shall exercise its powers to make a specific issue order or prohibited steps order—

(a) with a view to achieving a result which could be achieved by making a [F45 child arrangements] order [F46 or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact)]; or

(b) in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children.

(6) [F47 No court shall make a [F48 section 8] order ] which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

[F49 (6A) Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.

(6B) This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.]

(7) No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.

Textual Amendments

F41 Words in s. 9(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F42 Words in s. 9(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F43 Words in s. 9(3)(c) substituted (30.12.2005) by 2002 c. 38, ss. 113(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F44 S. 9(4) repealed (30.12.2005) by 2002 c. 38, ss. 113(b), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k); S.I. 2005/2897, art. 2(b)

F45 Words in s. 9(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F46 Words in s. 9(5)(a) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 9(7), 139(6); S.I. 2014/889, art. 4(a) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F47 Words in s. 9(6) substituted (1.9.2009) for the words from the beginning to "which" by virtue of Children and Young Persons Act 2008 (c. 23), ss. 37(1), 44; S.I. 2009/1921, art. 2(b); S.I. 2009/2273, art. 2(2)(k)

F48 Words in s. 9(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F49 S. 9(6A)(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 4(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I9 S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

10 Power of court to make section 8 orders. E+W

(1) In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if—

(a) an application for the order has been made by a person who—

(i) is entitled to apply for a section 8 order with respect to the child; or

(ii) has obtained the leave of the court to make the application; or

(b) the court considers that the order should be made even though no such application has been made.

(2) The court may also make a section 8 order with respect to any child on the application of a person who—

(a) is entitled to apply for a section 8 order with respect to the child; or

(b) has obtained the leave of the court to make the application.

(3) This section is subject to the restrictions imposed by section 9.

(4) The following persons are entitled to apply to the court for any section 8 order with respect to a child—

(a) any parent [F50 , guardian or special guardian] of the child;

[F51 (aa) any person who by virtue of section 4A has parental responsibility for the child;]

[F52 (b) any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.]

(5) The following persons are entitled to apply for a [F53 child arrangements] order with respect to a child—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;

[F54 (aa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;]

(b) any person with whom the child has lived for a period of at least three years;

(c) any person who—

[F55 (i) in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;]

(ii) in any case where the child is in the care of a local authority, has the consent of that authority; or

(iii) in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

[F56 (d) any person who has parental responsibility for the child by virtue of provision made under section 12(2A).]

[F57 (5A) A local authority foster parent is entitled to apply for a [F58 child arrangements order to which subsection (5C) applies ] with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.]

[F59 (5B) A relative of a child is entitled to apply for a [F60 child arrangements order to which subsection (5C) applies ] with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application.]

[F61 (5C) This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.]

(6) A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if—

(a) the order was made on his application; or

(b) in the case of a [F62 child arrangements] order, he is named in [F63 provisions of the order regulating arrangements relating to—

(i) with whom the child concerned is to spend time or otherwise have contact, or

(ii) when the child is to spend time or otherwise have contact with any person.]

(7) Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person.

[F64 (7A) If a special guardianship order is in force with respect to a child, an application for a [F65 child arrangements order to which subsection (7B) applies ] may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.]

[F66 (7B) This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.]

(8) Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order.

(9) Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—

(a) the nature of the proposed application for the section 8 order;

(b) the applicant’s connection with the child;

(c) any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and

(d) where the child is being looked after by a local authority—

(i) the authority’s plans for the child’s future; and

(ii) the wishes and feelings of the child’s parents.

(10) The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.

Textual Amendments

F50 Words in s. 10(4)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F51 S. 10(4)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F52 S. 10(4)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F53 Words in s. 10(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F54 S. 10(5)(aa) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 77; S.I. 2005/3175, art. 2(1), Sch. 1

F55 S. 10(5)(c)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F56 S. 10(5)(d) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F57 S. 10(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F58 Words in s. 10(5A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F59 S. 10(5B) inserted (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 36, 44; S.I. 2009/1921, art. 2(a); S.I. 2009/2273, art. 2(2)(j)

F60 Words in s. 10(5B) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F61 S. 10(5C) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F62 Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F63 Words in s. 10(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F64 S. 10(7A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 56(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F65 Words in s. 10(7A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F66 S. 10(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 5(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I10 S. 10 wholly in force at the 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

11 General principles and supplementary provisions. E+W

(1) In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any [F67 provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ]—

(a) draw up a timetable with a view to determining the question without delay; and

(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2) Rules of court may—

(a) specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and

(b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.

(3) Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.

F68 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where—

(a) a [F69 child arrangements] order has been made with respect to a child; and

(b) [F70 the child has] two parents who each have parental responsibility for him,

the[F71 order, so far as it has the result that there are times when the child lives or is to live with one of the parents,] shall cease to have effect if the parents live together for a continuous period of more than six months.

(6) [F72 A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, ] shall cease to have effect if the parents live together for a continuous period of more than six months.

(7) A section 8 order may—

(a) contain directions about how it is to be carried into effect;

(b) impose conditions which must be complied with by any person—

[F73 (i) who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;]

(ii) who is a parent of the child F74 ...;

(iii) who is not a parent of his but who has parental responsibility for him; or

(iv) with whom the child is living,

and to whom the conditions are expressed to apply;

(c) be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;

(d) make such incidental, supplemental or consequential provision as the court thinks fit.

Textual Amendments

F67 Words in s. 11(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(5), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F68 S. 11(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F69 Words in s. 11(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F70 Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F71 Words in s. 11(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F72 Words in s. 11(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F73 S. 11(7)(b)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F74 Word in s. 11(7)(b)(ii) omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 6(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Modifications etc. (not altering text)

C3 S. 11(3) restricted (14. 10. 1991) by S.I. 1991/1395, r.28

Commencement Information

I11 S. 11 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F76 11A F75 ... Activity directions E+W

[F77 (1) Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—

(a) a child arrangements order with respect to the child concerned, or

(b) an order varying or discharging a child arrangements order with respect to the child concerned.

(1A) The matters mentioned in this subsection are—

(a) with whom a child is to live,

(b) when a child is to live with any person,

(c) with whom a child is to spend time or otherwise have contact, and

(d) when a child is to spend time or otherwise have contact with any person.

(2) The court may make an activity direction in connection with the provision that the court is considering whether to make.

(2A) Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—

(a) whether a person has failed to comply with a provision of a child arrangements order, or

(b) what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.

(2B) The court may make an activity direction in connection with that provision of the child arrangements order.

(3) An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a) that individual, or

(b) another individual who is a party to the proceedings.]

(4) The direction is to specify the activity and the person providing the activity.

(5) The activities that may be so required include, in particular—

(a) programmes, classes and counselling or guidance sessions of a kind that—

(i) may assist a person as regards establishing, maintaining or improving [F78 involvement in a child's life];

(ii) may, by addressing a person's violent behaviour, enable or facilitate [F79 involvement in a child's life];

(b) sessions in which information or advice is given as regards making or operating arrangements for [F80 involvement in a child's life], including making arrangements by means of mediation.

(6) No individual may be required by [F81 an] activity direction—

(a) to undergo medical or psychiatric examination, assessment or treatment;

(b) to take part in mediation.

(7) A court may not on the same occasion—

(a) make [F82 an activity direction under subsection (2) ], and

(b) dispose finally of the proceedings as they relate to [F83 the matters mentioned in subsection (1A) in connection with which the activity direction is made].

(8) [F84 Each of subsections (2) and (2B)] has effect subject to the restrictions in sections 11B and 11E.

(9) In considering whether to make [F85 an]activity direction, the welfare of the child concerned is to be the court's paramount consideration.]

[F86 (7A) A court may not on the same occasion—

(a) make an activity direction under subsection (2B), and

(b) dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.]

Textual Amendments

F75 Word in s. 11A(9) omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(9); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F76 S. 11A inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F77 Ss. 11A(1)(1A)(2)(2A)(2B)(3) substituted for ss. 11A(1)-(3) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F78 Words in s. 11A(5)(a)(i) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F79 Words in s. 11A(5)(a)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F80 Words in s. 11A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F81 Word in s. 11A(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F82 Words in s. 11A(7)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F83 Words in s. 11A(7)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F84 Words in s. 11A(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F85 Word in s. 11A(9) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F86 S. 11A(7A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 7(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F88 11B F87 ... Activity directions: further provision E+W

(1) A court may not make [F89 an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) ] unless there is a dispute as regards the provision [F90 about that matter] that the court is considering whether to make in the proceedings.

(2) A court may not make [F91 an] activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision [F92 about a matter mentioned in section 11A(1A)].

(3) A court may not make [F93 an activity] activity direction in connection with the making, variation or discharge of a [F94 child arrangements order ], if the[F94 child arrangements order ] is, or would if made be, an excepted order.

(4) A [F95 child arrangements order ] with respect to a child is an excepted order if—

(a) it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or

(b) it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5).

(5) An order falls within this subsection if it is—

(a) a relevant adoption order;

(b) an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child;

(c) a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made—

(i) by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or

(ii) by virtue of section 15(1)(aa) of that Act; or

[F96 (iii) by virtue of an application under section   30 of the Adoption and Children (Scotland) Act 2007 where subsection   (3) of that section applies; or ]

(d) a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child.

(6) A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made—

(a) on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or

(b) on an application under section 51(2) of that Act.

(7) A court may not make [F97 an] activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.]

Textual Amendments

F87 Word in s. 11B omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F88 S. 11B inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F89 Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F90 Words in s. 11B(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F91 Word in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F92 Words in s. 11B(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F93 Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F94 Words in s. 11B(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F95 Words in s. 11B(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F96 S. 11B(5)(c)(iii) inserted (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 1 para. 3(2)

F97 Word in s. 11B(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 8(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F99 11C F98 ... Activity conditions E+W

(1) This section applies if in any family proceedings the court makes—

[F100 (a) a child arrangements order containing—

(i) provision for a child to live with different persons at different times,

(ii) provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or

(iii) provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or

(b) an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).]

(2) The [F101 child arrangements order ] may impose, or the [F101 child arrangements order ] may be varied so as to impose, a condition [F102 (an “activity condition”) ] requiring an individual falling within subsection (3) to take part in an activity that [F103 would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—

(a) that individual, or

(b) another individual who is a party to the proceedings.]

(3) An individual falls within this subsection if he is—

(a) for the purposes of the [F104 child arrangements order] so made or varied, [F105 a person] with whom the child concerned lives or is to live;

(b) [F106 a person] whose contact with the child concerned is provided for in that order; or

(c) a person upon whom that order imposes a condition under section 11(7)(b).

(4) The condition is to specify the activity and the person providing the activity.

(5) Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by [F107 an] activity condition as they have effect as regards the activities that may be required by [F107 an] activity direction.

(6) Subsection (2) has effect subject to the restrictions in sections 11D and 11E.]

Textual Amendments

F98 Word in s. 11C omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F99 S. 11C inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F100 S. 11C(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F101 Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F102 Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F103 Words in s. 11C(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F104 Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F105 Words in s. 11C(3)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(a)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F106 Words in s. 11C(3)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F107 Word in s. 11C(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 9(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F109 11D F108 ... Activity conditions: further provision E+W

(1) A [F110 child arrangements order] may not impose [F111 an activity ] condition on an individual who is a child unless the individual is a parent of the child concerned.

(2) If a [F112 child arrangements order] is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a [F113 an activity] condition.

(3) A [F114 child arrangements order] may not impose [F115 an activity ] condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales.]

Textual Amendments

F108 Word in s. 11D omiited (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F109 S. 11D inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F110 Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F111 Words in s. 11D(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F112 Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F113 Words in s. 11D(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F114 Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F115 Words in s. 11D(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 10(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F117 11E F116 ...Activity directions and conditions: making E+W

(1) Before making [F118 an activity] direction (or imposing [F118 an activity] condition by means of a [F119 child arrangements order ]), the court must satisfy itself as to the matters falling within subsections (2) to (4).

(2) The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case.

(3) The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity.

(4) The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel.

(5) Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him.

(6) Information about the likely effect of the direction (or the condition) may, in particular, include information as to—

(a) any conflict with the individual's religious beliefs;

(b) any interference with the times (if any) at which he normally works or attends an educational establishment.

(7) The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request.

(8) In this section “ specified ” means specified in [F120 an] activity direction (or in [F120 an] activity condition). ]

Textual Amendments

F116 Word in s. 11E heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F117 S. 11E inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F118 Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F119 Words in s. 11E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F120 Word in s. 11E(8) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 11(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F122 11F F121 ... Activity directions and conditions: financial assistance E+W

(1) The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees.

(2) An individual falls within this subsection if he is required by [F123 an activity] direction or condition to take part in an activity that [F124 is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] a child, not being a child ordinarily resident in Wales.

(3) The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees.

(4) An individual falls within this subsection if he is required by [F123 an activity] direction or condition to take part in an activity that [F125 is expected to help to establish, maintain or improve the involvement of that or another individual in the life of ] a child who is ordinarily resident in Wales.

(5) A relevant charge or fee, in relation to an activity required by [F123 an activity] direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity.

(6) Regulations under this section may provide that no assistance is available to an individual unless—

(a) the individual satisfies such conditions as regards his financial resources as may be set out in the regulations;

(b) the activity in which the individual is required by [F123 an activity] direction or condition to take part is provided to him in England or Wales;

(c) where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by [F123 an activity] direction or condition;

(d) where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a [F123 an activity] direction or condition.

(7) Regulations under this section may make provision—

(a) as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a [F123 an activity] direction or condition to take part;

(b) where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined;

(c) authorising payments by way of assistance to be made directly to persons providing activities required by [F123 an activity] direction or condition.]

Textual Amendments

F121 Word in s. 11F heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F122 S. 11F inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F123 Words in s. 11F substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F124 Words in s. 11F(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F125 Words in s. 11F(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 12(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F127 11G F126 ... Activity directions and conditions: monitoring E+W

(1) This section applies if in any family proceedings the court—

(a) makes [F128 an activity ] direction in relation to an individual, or

(b) makes a [F129 child arrangements order ] that imposes, or varies a [F129 child arrangements order ] so as to impose, [F128 an activity ] condition on an individual.

(2) The court may on making the direction (or imposing the condition by means of a [F130 child arrangements order ]) ask an officer of the Service or a Welsh family proceedings officer—

(a) to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition);

(b) to report to the court on any failure by the individual to comply with the direction (or the condition).

(3) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).]

Textual Amendments

F126 Word in s. 11G heading omitted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F127 S. 11G inserted (7.11.2008) by Children and Adoption Act 2006 (c. 20), ss. 1, 17; S.I. 2008/2870, art. 2(1)

F128 Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F129 Words in s. 11G(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F130 Words in s. 11G(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 13(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F131 11H Monitoring contact [F132 and shared residence] E+W

(1) This section applies if in any family proceedings the court makes—

[F133 (a) a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or

(b) an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.]

(2) The court may ask an officer of the Service or a Welsh family proceedings officer—

(a) to monitor whether an individual falling within subsection (3) complies with [F134 each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); ]

(b) to report to the court on such matters relating to the individual's compliance as the court may specify in the request.

(3) An individual falls within this subsection if the [F135 child arrangements order ] so made (or the [F135 child arrangements order ] as so varied)—

[F136 (za) provides for the child concerned to live with different persons at different times and names the individual as one of those persons;

(a) imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;

(b) names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or]

(4) If the [F137 child arrangements order] (or the [F137 child arrangements order] as varied) includes [F138 an activity] condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than [F139 the activity] condition.

(5) The court may make a request under subsection (2)—

(a) on making the [F140 child arrangements order](or the order varying the [F140 child arrangements order]), or

(b) at any time during the subsequent course of the proceedings as they relate to contact with the child concerned [F141 or to the child's living arrangements].

(6) In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.

(7) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).

(8) The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).

(9) But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.

(10) A court may not make a request under subsection (2) in relation to a [F142 child arrangements] order that is an excepted order (within the meaning given by section 11B(4)).]

Textual Amendments

F131 S. 11H inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 2, 17; S.I. 2008/2870, art. 2(2)(b)

F132 Words in s. 11H heading inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(8); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F133 S. 11H(1)(a)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F134 Words in s. 11H(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F135 Words in s. 11H(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F136 S. 11H(3)(a)(b)(za) substituted for s. 11H(3)(a)(b) (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F137 Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F138 Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F139 Words in s. 11H(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F140 Words in s. 11H(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F141 Words in s. 11H(5)(b) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F142 Words in s. 11H(10) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 14(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F143 11I [F144 Child arrangements ] orders: warning notices E+W

Where the court makes (or varies) a [F145 child arrangements] order, it is to attach to the [F145 child arrangements] order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the [F145 child arrangements] order.]

Textual Amendments

F143 S. 11I inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 3, 17 (with s. 8); S.I. 2008/2870, art. 2(2)(b)

F144 Words in s. 11I heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F145 Words in s. 11I substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 15(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F146 11J Enforcement orders E+W

(1) This section applies if a [F147 child arrangements] with respect to a child has been made.

(2) If the court is satisfied beyond reasonable doubt that a person has failed to comply with [F148 a provision of the child arrangements] order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.

(3) But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the [F149 provision ].

(4) The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.

(5) The court may make an enforcement order in relation to the [F150 child arrangements order ] only on the application of—

(a) [F151 a person] who is, for the purposes of the [F150 child arrangements order ], the person with whom the child concerned lives or is to live;

(b) [F152 a person] whose contact with the child concerned is provided for in the [F150 child arrangements order ];

(c) any individual subject to a condition under section 11(7)(b) or [F153 an activity] condition imposed by the [F150 child arrangements order ]; or

(d) the child concerned.

(6) Where the person proposing to apply for an enforcement order in relation to a [F154 child arrangements] order is the child concerned, the child must obtain the leave of the court before making such an application.

(7) The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(8) Subsection (2) has effect subject to the restrictions in sections 11K and 11L.

(9) The court may suspend an enforcement order for such period as it thinks fit.

(10) Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.

(11) Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.

(12) In Schedule A1—

(a) Part 1 makes provision as regards an unpaid work requirement;

(b) Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.]

F155 (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146 S. 11J inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)

F147 Words in s. 11J(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F148 Words in s. 11J(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F149 Word in s. 11J(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F150 Words in s. 11J(5) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F151 Words in s. 11J(5)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F152 Words in s. 11J(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F153 Words in s. 11J(5)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F154 Words in s. 11J(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 16(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F155 S. 11J(13) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 103; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F156 11K Enforcement orders: further provision E+W

(1) A court may not make an enforcement order against a person in respect of a failure to comply with a [F157 provision of a child arrangements order ] unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a) in the case of a failure to comply with [F158 a provision of a child arrangements order where the order ] was varied before the failure occurred, a notice under section 11I relating to the order varying [F159 the child arrangements] order or, where more than one such order has been made, the last order preceding the failure in question;

(b) in any other case, a notice under section 11I relating to the [F160 child arrangements] order.

(2) A court may not make an enforcement order against a person in respect of any failure to comply with a [F161 provision of a child arrangements]order occurring before the person attained the age of 18.

(3) A court may not make an enforcement order against a person in respect of a failure to comply with a [F162 provision of a child arrangements order where the child arrangements order] is an excepted order (within the meaning given by section 11B(4)).

(4) A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.]

Textual Amendments

F156 S. 11K inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17 (with s. 8); S.I. 2008/2870, art. 2(2)(c)

F157 Words in s. 11K(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F158 Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F159 Words in s. 11K(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F160 Words in s. 11K(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F161 Words in s. 11K(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F162 Words in s. 11K(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 17(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F163 11L Enforcement orders: making E+W

(1) Before making an enforcement order as regards a person in breach of [F164 a provision of a child arrangements ] order, the court must be satisfied that—

(a) making the enforcement order proposed is necessary to secure the person's compliance with the[F165 child arrangements ] order or any [F165 child arrangements ] order that has effect in its place;

(b) the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach F166 ....

(2) Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.

(3) Before making an enforcement order as regards a person in breach of a [F167 provision of a child arrangements] order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.

(4) Information about the likely effect of the enforcement order may, in particular, include information as to—

(a) any conflict with the person's religious beliefs;

(b) any interference with the times (if any) at which he normally works or attends an educational establishment.

(5) A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).

(6) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.

(7) In making an enforcement order in relation to a [F168 child arrangements] order, a court must take into account the welfare of the child who is the subject of the contact order.]

Textual Amendments

F163 S. 11L inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)

F164 Words in s. 11L(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F165 Words in s. 11L(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F166 Words in s. 11L(1)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F167 Words in s. 11L(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F168 Words in s. 11L(7) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 18(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F169 11M Enforcement orders: monitoring E+W

(1) On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—

(a) to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;

(b) to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;

(c) to report to the court on such other matters relating to the person's compliance as may be specified in the request;

(d) to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.

(2) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.]

Textual Amendments

F169 S. 11M inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)

[F170 11N Enforcement orders: warning notices E+W

Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.]

Textual Amendments

F170 S. 11N inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 4(1), 17; S.I. 2008/2870, art. 2(2)(c)

[F171 11O Compensation for financial loss E+W

(1) This section applies if a [F172 child arrangements] order with respect to a child has been made.

(2) If the court is satisfied that—

(a) an individual has failed to comply with [F173 a provision of the child arrangements] order, and

(b) a person falling within subsection (6) has suffered financial loss by reason of the breach,

it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.

(3) But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the [F174 particular provision of the child arrangements] order.

(4) The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.

(5) An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss.

(6) A person falls within this subsection if he is—

(a) [F175 a person] who is, for the purposes of the [F176 child arrangements order], [F175 a person] with whom the child concerned lives or is to live;

(b) [F177 a person] whose contact with the child concerned is provided for in the [F176 child arrangements order];

(c) an individual subject to a condition under section 11(7)(b) or [F178 an activity] condition imposed by the contact order; or

(d) the child concerned.

(7) Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.

(8) The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.

(9) The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.

(10) In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.

(11) An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.

(12) Subsection (2) has effect subject to the restrictions in section 11P.

(13) Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.

(14) In exercising its powers under this section, a court is to take into account the welfare of the child concerned.]

Textual Amendments

F171 S. 11O inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 5, 17; S.I. 2008/2870, art. 2(2)(d)

F172 Words in s. 11O(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F173 Words in s. 11O(2)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F174 Words in s. 11O(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F175 Words in s. 11O(6)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F176 Words in s. 11O(6) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F177 Words in s. 11O(6)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F178 Words in s. 11O(6)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 19(5)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

[F179 11P Orders under section 11O(2): further provision E+W

(1) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F180 provision of a child arrangements order] unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—

(a) in the case of a failure to comply with [F181 a provision of a child arrangements order where the order]was varied before the failure occurred, a notice under section 11I relating to the order varying [F182 the child arrangements] order or, where more than one such order has been made, the last order preceding the failure in question;

(b) in any other case, a notice under section 11I relating to the [F183 child arrangements] order.

(2) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F184 provision of a child arrangements ] order where the failure occurred before the individual attained the age of 18.

(3) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a [F185 provision of a child arrangements order where the child arrangements order] is an excepted order (within the meaning given by section 11B(4)).]

Textual Amendments

F179 S. 11P inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 5, 17 (with s. 8); S.I. 2008/2870, art. 2(2)(d)

F180 Words in s. 11P(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F181 Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F182 Words in s. 11P(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F183 Words in s. 11P(1)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F184 Words in s. 11P(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F185 Words in s. 11P(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 20(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

12 [F186 Child arrangements] orders and parental responsibility. E+W

[F187 (1) Where—

(a) the court makes a child arrangements order with respect to a child,

(b) the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and

(c) the father, or the woman, would not otherwise have parental responsibility for the child,

the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.

(1A) Where—

(a) the court makes a child arrangements order with respect to a child,

(b) the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and

(c) the father, or the woman, would not otherwise have parental responsibility for the child,

the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.]

(2) Where the court makes a [F188 child arrangements order and a person who is not a] parent or guardian of the child concerned [F189 is named in the order as a person with whom the child is to live, ]that person shall have parental responsibility for the child while the [F190 order remains in force so far as providing for the child to live with that person].

[F191 (2A) Where the court makes a child arrangements order and—

(a) a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but

(b) the person is not named in the order as a person with whom the child is to live,

the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.]

(3) Where a person has parental responsibility for a child as a result of subsection (2) [F192 or (2A) ], he shall not have the right—

(a) F193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) to agree, or refuse to agree, to the making of an adoption order, or an order under [F194 section 84 of the Adoption and Children Act 2002], with respect to the child; or

(c) to appoint a guardian for the child.

(4) Where subsection (1) F195 ... requires the court to make an order under section 4 [F196 or 4ZA] [F197 in respect of a][F198 parent] of a child, the court shall not bring that order to an end at any time while the [F199 child arrangements order concerned remains in force so far as providing for the child to live with that parent].

(5) F200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) F201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F186 Words in s. 12 heading substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(7); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F187 S. 12(1)(1A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F188 Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F189 Words in s. 12(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F190 Words in s. 12(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(3)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F191 S. 12(2A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F192 Words in s. 12(3) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F193 S. 12(3)(a) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(a), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(a)

F194 Words in s. 12(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 57(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F195 Words in s. 12(4) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F196 Words in s. 12(4) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 28(3)(b); S.I. 2009/479, art. 6(1)(e)

F197 Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F198 Word in s. 12(4) substituted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 28(3)(c); S.I. 2009/479, art. 6(1)(e); S.I. 2009/479, art. 6(1)(e)

F199 Words in s. 12(4) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 21(6)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F200 S. 12(5) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(2), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)(i)

F201 S. 12(6) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(2), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)(i)

Commencement Information

I12 S. 12 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

13 Change of child’s name or removal from jurisdiction. E+W

(1) Where a [F202 child arrangements order to which subsection (4) applies] is in force with respect to a child, no person may—

(a) cause the child to be known by a new surname; or

(b) remove him from the United Kingdom;

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(2) Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by [F203 a person named in the child arrangements order as a person with whom the child is to live ].

(3) In making a [F204 child arrangements order to which subsection (4) applies, ] the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.

[F205 (4) This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child concerned is to live, and

(b) when the child is to live with any person.]

Textual Amendments

F202 Words in s. 13(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F203 Words in s. 13(2) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F204 Words in s. 13(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F205 S. 13(4) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 22(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I13 S. 13 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F206 14 Enforcement of residence orders. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F206 S. 14 omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 23; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F207 [Special guardianship E+W

Textual Amendments

F207 Ss. 14A-14G and heading inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, {art. 2k}

F208 14A Special guardianship orders E+W

(1) A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians).

(2) A special guardian—

(a) must be aged eighteen or over; and

(b) must not be a parent of the child in question,

and subsections (3) to (6) are to be read in that light.

(3) The court may make a special guardianship order with respect to any child on the application of an individual who—

(a) is entitled to make such an application with respect to the child; or

(b) has obtained the leave of the court to make the application,

or on the joint application of more than one such individual.

(4) Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order.

(5) The individuals who are entitled to apply for a special guardianship order with respect to a child are—

(a) any guardian of the child;

(b) any individual [F209 who is named in a child arrangements order as a person with whom the child is to live;]

(c) any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);

(d) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.[F210 ;

(e) a relative with whom the child has lived for a period of at least one year immediately preceding the application.]

(6) The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if—

(a) an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or

(b) the court considers that a special guardianship order should be made even though no such application has been made.

(7) No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application—

(a) if the child in question is being looked after by a local authority, to that local authority, or

(b) otherwise, to the local authority in whose area the individual is ordinarily resident.

(8) On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—

(a) the suitability of the applicant to be a special guardian;

(b) such matters (if any) as may be prescribed by the Secretary of State; and

(c) any other matter which the local authority consider to be relevant.

(9) The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so.

(10) The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9).

(11) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).

(12) Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.

(13) This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.

Textual Amendments

F208 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F209 Words in s. 14A(5)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 24; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F210 S. 14A(5)(e) inserted (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 38, 44; S.I. 2009/1921, art. 2(c); S.I. 2009/2273, art. 2(2)(l)

Modifications etc. (not altering text)

C4 S. 14A(7) applied (with modifications) (30.12.2005) by 2002 c. 38, ss. 29(6), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

F211 14B Special guardianship orders: making E+W

(1) Before making a special guardianship order, the court must consider whether, if the order were made—

(a) a [F212 child arrangements order containing contact provision] should also be made with respect to the child, F213 . . .

(b) any section 8 order in force with respect to the child should be varied or discharged.

[F214 (c) where a [F215 provision contained in a child arrangements order ] made with respect to the child is not discharged, any enforcement order relating to [F216 that provision ] should be revoked, and]

[F217 (d) where an activity direction has been made—

(i) in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or

(ii) in other proceedings that relate to such an order,

that direction should be discharged.]

[F218 (1A) In subsection (1) “contact provision” means provision which regulates arrangements relating to—

(a) with whom a child is to spend time or otherwise have contact, or

(b) when a child is to spend time or otherwise have contact with any person;

but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.]

(2) On making a special guardianship order, the court may also—

(a) give leave for the child to be known by a new surname;

(b) grant the leave required by section 14C(3)(b), either generally or for specified purposes.

Textual Amendments

F211 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F212 Words in s. 14B(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F213 Word in s. 14B(1)(a) repealed (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(a), Sch. 3; S.I. 2008/2870, art. 2(2)(e)(f)

F214 S. 14B(1)(c)(d) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 8(b); S.I. 2008/2870, art. 2(2)(e)

F215 Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(i); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F216 Words in s. 14B(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(b)(ii); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F217 S. 14B(1)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F218 S. 14B(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 25(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F219 14C Special guardianship orders: effect E+W

(1) The effect of a special guardianship order is that while the order remains in force—

(a) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and

(b) subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).

(2) Subsection (1) does not affect—

(a) the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or

(b) any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.

(3) While a special guardianship order is in force with respect to a child, no person may—

(a) cause the child to be known by a new surname; or

(b) remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(4) Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.

(5) If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to—

(a) each parent of the child with parental responsibility; and

(b) each guardian of the child,

but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.

(6) This section is subject to section 29(7) of the Adoption and Children Act 2002.

Textual Amendments

F219 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

Modifications etc. (not altering text)

C5 S. 14C(1)(b) modified (30.12.2005) by 2002 c. 38, ss. 29(7)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

C6 S. 14C(3)(4) excluded (30.12.2005) by 2002 c. 38, ss. 29(7)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

F220 14D Special guardianship orders: variation and discharge E+W

(1) The court may vary or discharge a special guardianship order on the application of—

(a) the special guardian (or any of them, if there are more than one);

(b) any parent or guardian of the child concerned;

(c) any individual [F221 who is named in a child arrangements order as a person with whom the child is to live;]

(d) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;

(e) the child himself; or

(f) a local authority designated in a care order with respect to the child.

(2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1).

(3) The following must obtain the leave of the court before making an application under subsection (1)—

(a) the child;

(b) any parent or guardian of his;

(c) any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;

(d) any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.

(4) Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1).

(5) The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.

Textual Amendments

F220 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F221 Words in s. 14D(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 26; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F222 14E Special guardianship orders: supplementary E+W

(1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any [F223 provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b))]—

(a) draw up a timetable with a view to determining the question without delay; and

(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.

(2) Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises.

(3) The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that.

(4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period.

(5) Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders.

Textual Amendments

F222 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F223 Words in s. 14E(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(6), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F224 14F Special guardianship support services E+W

(1) Each local authority must make arrangements for the provision within their area of special guardianship support services, which means—

(a) counselling, advice and information; and

(b) such other services as are prescribed,

in relation to special guardianship.

(2) The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.

(3) At the request of any of the following persons—

(a) a child with respect to whom a special guardianship order is in force;

(b) a special guardian;

(c) a parent;

(d) any other person who falls within a prescribed description,

a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).

(4) A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services.

(5) Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.

(6) If—

(a) a local authority decide to provide any special guardianship support services to a person, and

(b) the circumstances fall within a prescribed description,

the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review.

(7) The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.

(8) The regulations may in particular make provision—

(a) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;

(b) about the way in which a plan is to be prepared;

(c) about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed;

(d) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;

(e) as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);

(f) as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);

(g) as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area;

(h) as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person.

(9) A local authority may provide special guardianship support services (or any part of them) by securing their provision by—

(a) another local authority; or

(b) a person within a description prescribed in regulations of persons who may provide special guardianship support services,

and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section.

(10) A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.

(11) Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority [F225 in England] under this section as it applies in relation to the exercise of functions of a local authority under Part 3 [F226 and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.]

Textual Amendments

F224 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F225 Words in s. 14F(11) 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), 56(a)

F226 Words in s. 14F(11) 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), 56(b)

Modifications etc. (not altering text)

C7 S. 14F applied by S.I. 2005/1513, reg. 3A (as inserted (W.) (2.7.2018) by The Special Guardianship (Wales) (Amendment) Regulations 2018 (S.I. 2018/573), regs. 1(1), 5(2))

F227 14G Special guardianship support services: representations E+W

[F228 (1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him.

(2) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).

(3) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.]]

Textual Amendments

F227 Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F228 S. 14G ceases to have effect (17.1.2005 for E. and 30.12.2005 for W.) by virtue of Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 117(2); S.I. 2005/38, art. 2(b); S.I. 2005/3285, art. 2(1); and s. 14G repealed (prosp.) by that same amending Act, s. 196, {Sch. 14 Pt. 2}

Financial relief E+W

15 Orders for financial relief with respect to children. E+W

(1) Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of [F229 section 6 of Family Law Reform Act 1969] the Guardianship of Minors Acts 1971 and 1973, the M8 Children Act 1975 and of sections 15 and 16 of the M9 Family Law Reform Act 1987) makes provision in relation to financial relief for children.

F230 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229 Words in s. 15(1) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 10(1); S.I. 1991/1883, art. 3, Sch.

F230 S. 15(2) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 105; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I14 S. 15 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M8 1975 c. 72.

M9 1987 c. 42.

Family assistance orders E+W

16 Family assistance orders. E+W

(1) Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—

(a) [F231 an officer of the Service][F232 or a Welsh family proceedings officer] to be made available; or

(b) a local authority to make an officer of the authority available,

to advise, assist and (where appropriate) befriend any person named in the order.

(2) The persons who may be named in an order under this section (“a family assistance order”) are—

(a) any parent [F233 , guardian or special guardian] of the child;

(b) any person with whom the child is living or [F234 who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;]

(c) the child himself.

(3) No court may make a family assistance order unless—

(a) F235 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) it has obtained the consent of every person to be named in the order other than the child.

(4) A family assistance order may direct—

(a) the person named in the order; or

(b) such of the persons named in the order as may be specified in the order,

to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.

[F236 (4A) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a [F237 contact provision contained in a child arrangements order ] made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.]

[F238 (4B) In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to—

(a) with whom a child is to spend time or otherwise have contact, or

(b) when a child is to spend time or otherwise have contact with any person.]

(5) Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F239 twelve months] beginning with the day on which it is made.

[F240 (6) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).]

(7) A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—

(a) the authority agree; or

(b) the child concerned lives or will live within their area.

F241 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F241 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F231 Words in s. 16(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 89(a); S.I. 2001/919, art. 2(f)(ii)

F232 Words in s. 16(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 7; S.I. 2005/700, art. 2(2)

F233 Words in s. 16(2)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 58 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F234 Words in s. 16(2)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F235 S. 16(3)(a) repealed (1.10.2007 for certain purposes and 8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 6(2), 15, 17, Sch. 3; S.I. 2007/2287, art. 2(2)(a)(d); S.I. 2008/2870, art. 2(2)(f)

F236 S. 16(4A) inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(3), 17; S.I. 2007/2287, art. 2(2)(a)

F237 Words in s. 16(4A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F238 S. 16(4B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F239 Words in s. 16(5) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(4), 17; S.I. 2007/2287, art. 2(2)(a)

F240 S. 16(6) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(5), 17; S.I. 2007/2287, art. 2(2)(a)

F241 S. 16(8)(9) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 89(b), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

Commencement Information

I15 S. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F242 16A Risk assessments E+W

(1) This section applies to the following functions of officers of the Service or Welsh family proceedings officers—

(a) any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;

(b) any function in connection with an order made by the court in such proceedings.

(2) If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—

(a) make a risk assessment in relation to the child, and

(b) provide the risk assessment to the court.

(3) A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.]

Textual Amendments

F242 S. 16A inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 7, 17; S.I. 2007/2287, art. 2(2)(b)

Part III E+W+S [F243 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND]

Textual Amendments

F243 Pt. 3 heading substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(2)

[F244 Application to local authorities in England E+W+S

Textual Amendments

F244 S. 16B and cross-heading inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 57(1)

16B. Application to local authorities in England E+W+S

(1) This Part applies in relation to local authorities in England.

(2) Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.]

Provision of services for children and their families E+W+S

17 Provision of services for children in need, their families and others. E+W

(1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)—

(a) to safeguard and promote the welfare of children within their area who are in need; and

(b) so far as is consistent with that duty, to promote the upbringing of such children by their families,

by providing a range and level of services appropriate to those children’s needs.

(2) For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.

(3) Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.

(4) The [F245 Secretary of State] may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.

[F246 (4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a) ascertain the child’s wishes and feelings regarding the provision of those services; and

(b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.]

(5) Every local authority—

(a) shall facilitate the provision by others (including in particular voluntary organisations) of services which [F247 it is a function of the authority] to provide by virtue of this section, or section 18, 20, [F248 [F249 22A to 22C], 23B to 23D, 24A or 24B]; and

(b) may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.

(6) The services provided by a local authority in the exercise of functions conferred on them by this section may include [F250 providing accommodation and] giving assistance in kind or F251 . . . in cash.

(7) Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).

(8) Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.

(9) No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt [F252 of universal credit (except in such circumstances as may be prescribed),] of income support [F253 under][F254 Part VII of the Social Security Contributions and Benefits Act 1992,][F255 of any element of child tax credit other than the family element, of working tax credit][F256 , of an income-based jobseeker's allowance or of an income-related employment and support allowance].

(10) For the purposes of this Part a child shall be taken to be in need if—

(a) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;

(b) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or

(c) he is disabled,

and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.

(11) For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—

• “development” means physical, intellectual, emotional, social or behavioural development; and

• “health” means physical or mental health.

[F257 (12) The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.]

[F258 (13) The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.]

Textual Amendments

F245 Words in s. 17(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 58(a)

F246 S. 17(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(1); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)

F247 Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(b); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F248 Words in s. 17(5)(a) substituted (1.10.2001) by 2000 c. 35, s. 7(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F249 Words in s. 17(5)(a) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 1(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F250 Words in s. 17(6) inserted (7.11.2002) by 2002 c. 38, ss. 116(1), 148(1) (with Sch. 4 paras. 6-8)

F251 Words in s. 17(6) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 24, 44(4), Sch. 4; S.I. 2010/2981, art. 4(i)(l); S.I. 2012/1553, art. 2(c)(e)

F252 Words in s. 17(9) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(a); S.I. 2013/983, art. 3(1)(b)(i)

F253 Words in s. 17(9) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F254 Words in s. 17(9) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para. 108(a).

F255 Words in s. 17(9) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(2)(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F256 Words in s. 17(9) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(2); S.I. 2008/787, art. 2(4)(f)

F257 S. 17(12) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 16(3); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F258 S. 17(13) 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), 58(b)

Modifications etc. (not altering text)

C8 s. 17 excluded (6.12.1999) by S.I. 1999/3056, reg. 12

C9 S. 17 restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

Commencement Information

I16 S. 17 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F259 17ZA Young carers' needs assessments F260 ... E+W+S

(1) A local authority F261 ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—

(a) it appears to the authority that the young carer may have needs for support, or

(b) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.

(2) An assessment under subsection (1) is referred to in this Part as a “ young carer's needs assessment ”.

(3) In this Part “ young carer ” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).

(4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.

(5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.

(6) “ Care-related assessment ” means—

(a) a young carer's needs assessment;

(b) an assessment under any of the following—

(i) section 1 of the Carers (Recognition and Services) Act 1995;

(ii) section 1 of the Carers and Disabled Children Act 2000;

(iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003.

[F262 (iv) Part 1 of the Care Act 2014.]

(7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.

(8) A local authority, in carrying out a young carer's needs assessment, must have regard to—

(a) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and

(b) the extent to which the young carer works or wishes to work.

(9) A local authority, in carrying out a young carer's needs assessment, must involve—

(a) the young carer,

(b) the young carer's parents, and

(c) any person who the young carer or a parent of the young carer requests the authority to involve.

(10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—

(a) the young carer,

(b) the young carer's parents, and

(c) any person to whom the young carer or a parent of the young carer requests the authority to give a copy.

(11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.

(12) A local authority F263 ... must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.

Textual Amendments

F259 Ss. 17ZA-17ZC inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(1), 139(6); S.I. 2015/375, art. 2(c)

F260 Words in s. 17ZA heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(c)

F261 Words in s. 17ZA(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(a)

F262 S. 17ZA(6)(b)(iv) added (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 44 (with arts. 1(3), 3)

F263 Words in s. 17ZA(12) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 59(b)

17ZB Young carers' needs assessments: supplementary E+W+S

(1) This section applies for the purposes of section 17ZA.

(2) “ Parent ”, in relation to a young carer, includes—

(a) a parent of the young carer who does not have parental responsibility for the young carer, and

(b) a person who is not a parent of the young carer but who has parental responsibility for the young carer.

(3) A person is not a young carer if the person provides or intends to provide care—

(a) under or by virtue of a contract, or

(b) as voluntary work.

(4) But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case).

(5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.

(6) Where a local authority—

(a) are required to carry out a young carer's needs assessment, and

(b) are required or have decided to carry out some other assessment of the young carer or of the person cared for;

the local authority may, subject to subsection (7), combine the assessments.

(7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.

(8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—

(a) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;

(b) specify matters which a local authority is to determine in carrying out a young carer's needs assessment;

(c) make provision about the manner in which a young carer's needs assessment is to be carried out;

(d) make provision about the form a young carer's needs assessment is to take.

(9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

Textual Amendments

F259 Ss. 17ZA-17ZC inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(1), 139(6); S.I. 2015/375, art. 2(c)

17ZC Consideration of young carers' needs assessments E+W+S

A local authority that carry out a young carer's needs assessment must consider the assessment and decide—

(a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;

(b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

(c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer.]

Textual Amendments

F259 Ss. 17ZA-17ZC inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(1), 139(6); S.I. 2015/375, art. 2(c)

[F264 17ZD Parent carers' needs assessments F265 ... E+W+S

(1) A local authority F266 ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.

(2) In this Part “ parent carer ” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.

(3) The first condition is that—

(a) it appears to the authority that the parent carer may have needs for support, or

(b) the authority receive a request from the parent carer to assess the parent carer's needs for support.

(4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.

(5) An assessment under subsection (1) is referred to in this Part as a “ parent carer's needs assessment ”.

(6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.

(7) But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.

(8) “ Care-related assessment ” means—

(a) a parent carer's needs assessment;

(b) an assessment under any of the following—

(i) section 1 of the Carers (Recognition and Services) Act 1995;

(ii) section 6 of the Carers and Disabled Children Act 2000;

(iii) section 4(3) of the Community Care (Delayed Discharges) Act 2003.

[F267 (iv) Part 1 of the Care Act 2014.]

(9) A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.

(10) A local authority in carrying out a parent carer's needs assessment must have regard to—

(a) the well-being of the parent carer, and

(b) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.

(11) In subsection (10) “ well-being ” has the same meaning as in Part 1 of the Care Act 2014.

(12) A local authority, in carrying out a parent carer's needs assessment, must involve—

(a) the parent carer,

(b) any child for whom the parent carer has parental responsibility, and

(c) any person who the parent carer requests the authority to involve.

(13) A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—

(a) the parent carer, and

(b) any person to whom the parent carer requests the authority to give a copy.

(14) A local authority F268 ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.

Textual Amendments

F264 Ss. 17ZD-17ZF inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(1), 139(6); S.I. 2015/375, art. 2(c)

F265 Word in s. 17ZD heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(c)

F266 Words in s. 17ZD(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(a)

F267 S. 17ZD(8)(b)(iv) added (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 45 (with arts. 1(3), 3)

F268 Words in s. 17ZD(14) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 60(b)

17ZE Parent carers' needs assessments: supplementary E+W+S

(1) This section applies for the purposes of section 17ZD.

(2) The references in section 17ZD to providing care include a reference to providing practical or emotional support.

(3) Where a local authority—

(a) are required to carry out a parent carer's needs assessment, and

(b) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for,

the local authority may combine the assessments.

(4) The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular—

(a) specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment;

(b) specify matters which a local authority is to determine in carrying out a parent carer's needs assessment;

(c) make provision about the manner in which a parent carer's needs assessment is to be carried out;

(d) make provision about the form a parent carer's needs assessment is to take.

(5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—

(a) add an entry,

(b) remove an entry, or

(c) vary an entry.

Textual Amendments

F264 Ss. 17ZD-17ZF inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(1), 139(6); S.I. 2015/375, art. 2(c)

17ZF Consideration of parent carers' needs assessments E+W+S

A local authority that carry out a parent carer's needs assessment must consider the assessment and decide—

(a) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;

(b) whether the disabled child cared for has needs for support;

(c) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

(d) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.]

Textual Amendments

F264 Ss. 17ZD-17ZF inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(1), 139(6); S.I. 2015/375, art. 2(c)

[F269 17ZG Section 17 services: continued provision where EHC plan maintained E+W+S

(1) This section applies where, immediately before a child in need reaches the age of 18—

(a) a local authority F270 ... is providing services for the child in the exercise of functions conferred by section 17, and

(b) an EHC plan is maintained for the child.

(2) The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained [F271 , except in so far as the authority is required to do so under section 17ZH or 17ZI].

(3) In this section “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014. ]

Textual Amendments

F269 S. 17ZG inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 50, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

F270 Words in s. 17ZG(1)(a) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 61

F271 Words in s. 17ZG(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(2), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

[F272 17ZH Section 17 services: transition for children to adult care and support E+W+S

(1) Subsections (2) to (4) apply where a local authority F273 ... providing services for a child in need in the exercise of functions conferred by section 17—

(a) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or

(b) are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.

(2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.

(3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—

(a) they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and

(b) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.

(4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—

(a) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or

(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(5) Subsection (6) applies where a local authority F274 ... providing services for a child in need in the exercise of functions conferred by section 17—

(a) receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but

(b) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.

(6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—

(a) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or

(b) having decided that the duty applies and having discharged it, they reach a conclusion in his case.

(7) A local authority reach a conclusion in a person's case when—

(a) they conclude that he does not have needs for care and support or for support (as the case may be), or

(b) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or

(c) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).

(8) In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.

Textual Amendments

F272 Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

F273 Words in s. 17ZH(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 62(a)

F274 Words in s. 17ZH(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 62(b)

17ZI Section 17 services: provision after EHC plan no longer maintained E+W+S

(1) This section applies where a local authority F275 ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.

(2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.

(3) The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).

(4) In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014. ]

Textual Amendments

F272 Ss. 17ZH, 17ZI inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 66(1), 127(1); S.I. 2015/993, art. 2(q) (with transitional provisions in S.I. 2015/995)

F275 Words in s. 17ZI(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 63

[F276 17A Direct payments E+W

(1) The [F277 Secretary of State] may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.

(2) A person falls within this subsection if he is—

(a) a person with parental responsibility for a disabled child,

(b) a disabled person with parental responsibility for a child, or

(c) a disabled child aged 16 or 17,

and a local authority (“ the responsible authority ”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.

[F278 (3) Regulations under this section may, in particular, make provision—

(a) specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2);

(b) for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;

(c) for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to—

(i) the payee’s means, and

(ii) the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution,

as may be prescribed;

(d) as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);

(e) specifying circumstances in which the responsible authority—

(i) may or must terminate the making of direct payments,

(ii) may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;

(f) for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;

(g) displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed;

(h) authorising direct payments to be made to any prescribed person on behalf of the payee;

(j) as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;

(k) as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;

(l) specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section.

(3A) For the purposes of subsection (3)(b) “gross payments” means payments—

(a) which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but

(b) which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.

(3B) For the purposes of subsection (3)(b) “net payments” means payments—

(a) which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and

(b) which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee.

(3C) Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.

(3D) A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.]

(4) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—

(a) the payments shall be made at the rate mentioned in subsection [F279 (3A)(a)]; and

(b) subsection [F280 (3A)(b)] shall not apply.

(5) A person falls within this subsection if he is—

(a) a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or

(b) a person who is in receipt of [F281 of universal credit (except in such circumstances as may be prescribed),] income support F282 ... under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , of any element of child tax credit other than the family element, of working tax credit][F283 , of an income-based jobseeker's allowance or of an income-related employment and support allowance] .

(6) In this section—

• F284 ...

• “disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;

• “prescribed” means specified in or determined in accordance with regulations under this section F285 ...

Textual Amendments

F276 S. 17A substituted (16.3.2003 for certain purposes and 8.4.2003 otherwise for E. and 1.11.2004 for W.) by 2001 c. 15, ss. 58, 70(2) (with ss. 64(9), 65(4)); S.I. 2003/850, art. 3(1)(b)(2)(a); S.I. 2004/1754, art. 2(2)(b)

F277 Words in s. 17A(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 64

F278 S. 17A(3)-(3D) substituted for s. 17A(3) (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(2) (with arts. 1(3), 3)

F279 Word in s. 17A(4)(a) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(3)(a) (with arts. 1(3), 3)

F280 Word in s. 17A(4)(b) substituted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(3)(b) (with arts. 1(3), 3)

F281 Words in s. 17A(5)(b) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(b); S.I. 2013/983, art. 3(1)(b)(i)

F282 Words in s. 17A(5)(b) repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e) Sch. 1 (subject to savings and transitional provisions in arts. 3, 4)

F283 Words in s. 17A(5)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(3); S.I. 2008/787, art. 2(4)(f)

F284 Words in s. 17A(6) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(4)(a) (with arts. 1(3), 3)

F285 Words in s. 17A(6) omitted (1.4.2015) by virtue of The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 46(4)(b) (with arts. 1(3), 3)

F287 17B Vouchers for persons with parental responsibility for disabled children [F286 : Wales]. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F286 Word in s. 17B heading inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 47(2) (with arts. 1(3), 3)

F287 S. 17B omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 65

18 Day care for pre-school and other children. E+W

(1) Every local authority shall provide such day care for children in need within their area who are—

(a) aged five or under; and

(b) not yet attending schools,

as is appropriate.

F288 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A local authority may provide facilities (including training, advice, guidance and counselling) for those—

(a) caring for children in day care; or

(b) who at any time accompany such children while they are in day care.

(4) In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).

(5) Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—

(a) outside school hours; or

(b) during school holidays.

F289 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “supervised activity” means an activity supervised by a responsible person.

Textual Amendments

F288 S. 18(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(a)

F289 S. 18(6) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 66(b)

Commencement Information

I17 S. 18 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F290 19 Review of provision for day care, child minding etc. E+W

[F291 (1) Every local authority in England and Wales shall review—

(a) the provision which they make under section 18;

(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight; and

(c) the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under [F292 Part XA].

(2) A review under subsection (1) shall be conducted—

(a) together with the appropriate local education authority; and

(b) at least once in every review period.]

(3) Every local authority in Scotland shall, at least once in every review period, review—

(a) the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and

(b) the extent to which the services of child minders are available within their area with respect to children under the age of eight.

(4) In conducting any such review, [F293 the two authorities or, in Scotland,]the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.

(5) In this section—

• [F294 “relevant establishment” means—

  (a)

  in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

  (b)

  in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);]

• “ review period ” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.

(6) Where a local authority have conducted a review under this section they shall publish the result of the review—

(a) as soon as is reasonably practicable;

(b) in such form as they consider appropriate; and

(c) together with any proposals they may have with respect to the matters reviewed.

(7) The authorities conducting any review under this section shall have regard to—

(a) any representations made to any one of them by any relevant [F295 Health Authority, Special Health Authority][F296 , Primary Care Trust]or health board; and

(b) any other representations which they consider to be relevant.

(8) In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the M10 National Health Service (Scotland) Act 1978. ]

Textual Amendments

F290 S. 19 repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F291 S. 19(1)(2) repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, ss. 149, 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F292 Words in s. 19(1)(c) substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(a); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F293 In s. 19(4) words repealed (1.10.2002 for E. and 31.3.2003 for W.) by 2002 c. 32, s. 215(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 5, Sch. Pt. 2

F294 S. 19(5): definition of

“relevant establishment”

substituted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(2)(b); S.I. 2001/2041, art. 2(d)(ii) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(d) (subject to art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F295 Words in s. 19(7)(a) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(2)(with Sch. 2 para. 6)

F296 Words in s. 19(7)(a) inserted (E.W.) (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 24(2)

Commencement Information

I18 S. 19 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M10 1978 c. 29.

Provision of accommodation for children E+W

20 Provision of accommodation for children: general. E+W

(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—

(a) there being no person who has parental responsibility for him;

(b) his being lost or having been abandoned; or

(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

(2) Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—

(a) three months of being notified in writing that the child is being provided with accommodation; or

(b) such other longer period as may be prescribed [F297 in regulations made by the Secretary of State].

[F298 (2A) Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—

(a) three months of being notified in writing that the child is being provided with accommodation; or

(b) such other longer period as may be prescribed in regulations made by the Secretary of State.]

(3) Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.

(4) A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.

(5) A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.

(6) Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a) ascertain the child’s wishes [F299 and feelings] regarding the provision of accommodation; and

(b) give due consideration (having regard to his age and understanding) to such wishes [F299 and feelings] of the child as they have been able to ascertain.

(7) A local authority may not provide accommodation under this section for any child if any person who—

(a) has parental responsibility for him; and

(b) is willing and able to—

(i) provide accommodation for him; or

(ii) arrange for accommodation to be provided for him,

objects.

(8) Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.

(9) Subsections (7) and (8) do not apply while any person—

[F300 (a) who is named in a child arrangements order as a person with whom the child is to live;]

[F301 (aa) who is a special guardian of the child; or]

(b) who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,

agrees to the child being looked after in accommodation provided by or on behalf of the local authority.

(10) Where there is more than one such person as is mentioned in subsection (9), all of them must agree.

(11) Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.

Textual Amendments

F297 Words in s. 20(2)(b) 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), 67(a)

F298 S. 20(2A) 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), 67(b)

F299 Words in s. 20(6)(a)(b) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(2); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)

F300 S. 20(9)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 28; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F301 S. 20(9)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 59 (with Sch. 4 paras. 6-8); S.I. 2003/2213, art. 2(o)

Modifications etc. (not altering text)

C10 S. 20(8) restricted (30.12.2005) by 2002 c. 38, ss. 30(6), 148 (subject to ss. 31-33) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

Commencement Information

I19 S. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

21 Provision of accommodation for children in police protection or detention or on remand, etc. E+W

(1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.

(2) Every local authority shall receive, and provide accommodation for, children—

(a) in police protection whom they are requested to receive under section 46(3)(f);

(b) whom they are requested to receive under section 38(6) of the M11 Police and Criminal Evidence Act 1984;

(c) who are—

F302 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F303 (ia) remanded to accommodation provided by or on behalf of a local authority by virtue of [F304 paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code] (breach etc. of referral orders and reparation orders); ]

[F305 (ii) remanded to accommodation provided by or on behalf of a local authority by virtue of [F306 paragraph 25 of Schedule 7 to that Code] (breach etc. of youth rehabilitation orders); F307 . . . ]

[F308 (iia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);]

[F309 (iii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,]

and with respect to whom they are the designated authority.

[F310 (2A) In subsection (2)(c)(iii)—

• “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

• “youth rehabilitation order” has the meaning given by section 173 of that Code;

• “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.]

(3) Where a child has been—

(a) removed under Part V; or

(b) detained under section 38 of the Police and Criminal Evidence Act 1984,

and he is not being provided with accommodation by a local authority [F311 or by a local authority in Wales] or in a hospital vested in the[F312 Secretary of State or] [F313 , the Welsh Ministers] F314 ...,[F315 or otherwise made available pursuant to arrangements made by [F316 the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or] a [F317 Health Authority]][F318 Local Health Board] F314 ..., any reasonable expenses of accommodating him shall be recoverable from the local authority [F319 , or local authority in Wales,] in whose area he is ordinarily resident.

Textual Amendments

F302 S. 21(2)(c)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 24; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))

F303 S. 21(2)(c)(ia) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 105 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F304 Words in s. 21(2)(c)(ia) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F305 S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F306 Words in s. 21(2)(c)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(2)(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F307 Word in s. 21(2)(c)(ii) repealed (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(1), Sch. 7 para. 21, Sch. 8 Pt. 2; S.I. 2010/507, art. 5(v)(x)

F308 S. 21(2)(c)(iia) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(1), Sch. 7 para. 21; S.I. 2010/507, art. 5(v)

F309 S. 21(2)(c)(ii)(iii) substituted (30.11.2009) for s. 21(2)(c)(ii) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 34(2)(b) (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F310 S. 21(2A) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 108(3) (with Sch. 27); S.I. 2020/1236, reg. 2

F311 Words in s. 21(3) 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), 68(a)

F312 Words in s. 21(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F313 Words in s. 21(3) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 5

F314 Words in s. 21(3) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F315 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(1)

F316 Words in s. 21(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 48(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F317 Words in s. 21(3) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(3) (with Sch. 2 para. 6)

F318 Words in s. 21(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(a)}

F319 Words in s. 21(3) 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), 68(b)

Commencement Information

I20 S. 21 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M11 1984 c. 60.

Duties of local authorities in relation to children looked after by them E+W

22 General duty of local authority in relation to children looked after by them. E+W

(1) [F320 In this section], any reference to a child who is looked after by a local authority is a reference to a child who is—

(a) in their care; or

(b) provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which [F321 are social services functions within the meaning of] the M12 Local Authority Social Services Act 1970 [F322 , apart from functions under sections [F323 17] 23B and 24B].

(2) In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.

(3) It shall be the duty of a local authority looking after any child—

(a) to safeguard and promote his welfare; and

(b) to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.

[F324 (3A) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.]

[F325 (3B) A local authority F326 ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).

(3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority F327 .... ]

(4) Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child;

(b) his parents;

(c) any person who is not a parent of his but who has parental responsibility for him; and

(d) any other person whose wishes and feelings the authority consider to be relevant,

regarding the matter to be decided.

(5) In making any such decision a local authority shall give due consideration—

(a) having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;

(b) to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and

(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

(6) If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.

(7) If the [F328 Secretary of State] considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, [F329 the [F328 Secretary of State]] may give such directions to [F330 the authority].

(8) Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.

Textual Amendments

F320 Words in s. 22(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(a)

F321 Words in s. 22(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 19; S.I. 2000/2849, art. 2(f)

F322 Words in s. 22(1)(b) inserted (1.10.2001) by 2000 c. 35, s. 2(2); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F323 Word in s. 22(1) inserted (7.11.2002) by 2002 c. 38, ss. 116, 148 (with Sch. 4 paras. 6-8)

F324 S. 22(3A) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 52; S.I. 2005/394, art. 2(3)(b); S.I. 2006/885, art. 2(2)

F325 S. 22(3B)(3C) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 99, 139(6); S.I. 2014/889, art. 5(e)

F326 Words in s. 22(3B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(b)

F327 Words in s. 22(3C) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(c)

F328 Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(i)

F329 Words in s. 22(7) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 6(b)

F330 Words in s. 22(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 69(d)(ii)

Modifications etc. (not altering text)

C11 S. 22 applied (1.10.1992) by Children and Young Persons Act 1969 (c. 54, SIF 20), s. 23(13)(a) (as substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 60(1); S.I. 1992/333, art. 2(2), Sch. 2.

C12 S. 22(4)(b)-(d)(5)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(1)(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C13 S. 22(4)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(a)

S. 22(4)(b) excluded (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(a)

C14 S. 22(4)(c) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(b)

S. 22(4)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(b)

C15 S. 22(5)(b) modified (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(2)(c)

S. 22(5)(b) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(2)(c)

Commencement Information

I21 S. 22 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M12 1970 c. 42.

F331 23 Provision of accommodation and maintenance by local authority for children whom they are looking after. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F331 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E. ) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F333 [F332 22A Provision of accommodation for children in care E+W

When a child is in the care of a local authority, it is their duty to provide the child with accommodation.

Textual Amendments

F332 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F333 Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)

F333 22B Maintenance of looked after children E+W

It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.

Textual Amendments

F332 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F333 Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)

F333 22C Ways in which looked after children are to be accommodated and maintained E+W

(1) This section applies where a local authority are looking after a child (“C”).

(2) The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).

(3) A person (“P”) falls within this subsection if—

(a) P is a parent of C;

(b) P is not a parent of C but has parental responsibility for C; or

(c) in a case where C is in the care of the local authority and there was [F334 a child arrangements order] in force with respect to C immediately before the care order was made, P was a person [F335 named in the child arrangements order as a person with whom C was to live].

(4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—

(a) would not be consistent with C's welfare; or

(b) would not be reasonably practicable.

(5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.

(6) In subsection (5) “ placement ” means—

(a) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;

(b) placement with a local authority foster parent who does not fall within paragraph (a);

(c) placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 [F336 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)]; or

(d) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.

(7) In determining the most appropriate placement for C, the local authority must, subject to [F337 subsection (9B) and] the other provisions of this Part (in particular, to their duties under section 22)—

(a) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;

(b) comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and

(c) comply with subsection (9) unless that is not reasonably practicable.

(8) The local authority must ensure that the placement is such that—

(a) it allows C to live near C's home;

(b) it does not disrupt C's education or training;

(c) if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;

(d) if C is disabled, the accommodation provided is suitable to C's particular needs.

(9) The placement must be such that C is provided with accommodation within the local authority's area.

[F338 (9A) Subsection (9B) applies (subject to subsection (9C)) where the local authority F339 ...—

(a) are considering adoption for C, or

(b) are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.

(9B) Where this subsection applies—

(a) subsections (7) to (9) do not apply to the local authority,

(b) the local authority must consider placing C with an individual within subsection (6)(a), and

(c) where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.

(9C) Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.]

(10) The local authority may determine—

(a) the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and

(b) the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).

(11) The [F340 Secretary of State] may make regulations for, and in connection with, the purposes of this section.

[F341 (12) For the meaning of “local authority foster parent” see section 105(1).]

Textual Amendments

F333 Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)

F334 Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F335 Words in s. 22C(3)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 29(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F336 Words in s. 22C(6)(c) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 9

F337 Words in s. 22C(7) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(2), 139(6); S.I. 2014/889, art. 6(b)

F338 S. 22C(9A)-(9C) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 2(3), 139(6); S.I. 2014/889, art. 6(b)

F339 Words in s. 22C(9A) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(a)

F340 Words in s. 22C(11) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(b)

F341 S. 22C(12) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 70(c)

Modifications etc. (not altering text)

C16 S. 22C excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(a) (with reg. 3)

F333 22D Review of child's case before making alternative arrangements for accommodation E+W

(1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.

(2) But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—

(a) to make such arrangements; and

(b) to do so as a matter of urgency.

Textual Amendments

F332 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F333 Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)

Modifications etc. (not altering text)

C17 S. 22D excluded (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 2(b)

[F342 22E. Children’s homes provided by Secretary of State or Welsh Ministers E+W

Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.]

Textual Amendments

F332 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F342 S. 22E substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 71

F333 22F Regulations as to children looked after by local authorities E+W

Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).]

Textual Amendments

F332 Ss. 22A-22F substituted (1.9.2009 for E. and 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 otherwise for E.) for s. 23 by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44; S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a)

F333 Ss. 22A-22F substituted for s. 23 (1.9.2009 for E. for the insertion of ss. 22C(11), 22F, 26.4.2010 for W. for the insertion of ss. 22C(11), 22F, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 8(1), 44(4); S.I. 2009/2273, art. 2(2)(a); S.I. 2010/1329, art. 2(a); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(a)

[F343 22G General duty of local authority to secure sufficient accommodation for looked after children E+W

(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).

(2) The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—

(a) is within the authority's area; and

(b) meets the needs of those children.

(3) The children referred to in subsection (2) are those—

(a) that the local authority are looking after,

(b) in respect of whom the authority are unable to make arrangements under section 22C(2), and

(c) whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.

(4) In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—

(a) a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and

(b) a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.

(5) In this section “ accommodation providers ” means—

• local authority foster parents; and

• children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.]

Textual Amendments

F343 S. 22G inserted (1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 9, 44; S.I. 2010/2981, art. 4(b)

[F344 Educational achievement of previously looked after children E+W+S

Textual Amendments

F344 S. 23ZZA and cross-heading inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 4, 70(2); S.I. 2018/497, reg. 4(a)

23ZZA Information and advice for promoting educational achievement E+W+S

(1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.

(2) The advice and information must be made available to—

(a) any person who has parental responsibility for the child,

(b) the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and

(c) any other person that the local authority consider appropriate.

(3) A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.

(4) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).

(5) The person appointed for that purpose must be an officer employed by the authority or another local authority in England.

(6) In this section—

“relevant child” means—

(a)

a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—

(i)

a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,

(ii)

a special guardianship order, or

(iii)

an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or

(b)

a child who appears to the local authority—

(i)

to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and

(ii)

to have ceased to be in that state care as a result of being adopted.

(7) For the purposes of this section a child is educated in a local authority's area if—

(a) the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or

(b) the child is of compulsory school age and—

(i) the child attends a school in the local authority's area, or

(ii) if the child does not attend school, the child receives all or most of his or her education in the local authority's area.

(8) For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

(c) any other organisation the sole or main purpose of which is to benefit society.]

[F345 Visiting E+W

Textual Amendments

F345 S. 23ZA and cross-heading inserted (1.9.2009 and 15.11.2010 for certain purposes for E., 26.4.2010 for certain purposes for W., 28.3.2011 for W. otherwise, 1.4.2011 for E. otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 15, 44; S.I. 2009/2273, art. 2(2)(d); S.I. 2010/1326, art. 2(d); S.I. 2010/2714, art. 2(d); S.I. 2010/2981, art. 4(d) (with art. 5); S.I. 2011/949, art. 3(1)(a)

23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others E+W

(1) This section applies to—

(a) a child looked after by a local authority;

(b) a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.

(2) It is the duty of the local authority—

(a) to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);

(b) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.

(3) The duties imposed by subsection (2)—

(a) are to be discharged in accordance with any regulations made for the purposes of this section by the [F346 Secretary of State];

(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.

(4) Regulations under this section for the purposes of subsection (3)(a) may make provision about—

(a) the frequency of visits;

(b) circumstances in which a person to whom this section applies must be visited by a representative; and

(c) the functions of a representative.

(5) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.

Textual Amendments

F346 Words in s. 23ZA(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 72

[F347 23ZB Independent visitors for children looked after by a local authority E+W

(1) A local authority looking after a child must appoint an independent person to be the child's visitor if—

(a) the child falls within a description prescribed in regulations made by the [F348 Secretary of State]; or

(b) in any other case, it appears to them that it would be in the child's interests to do so.

(2) A person appointed under this section must visit, befriend and advise the child.

(3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.

(4) A person's appointment as a visitor in pursuance of this section comes to an end if—

(a) the child ceases to be looked after by the local authority;

(b) the person resigns the appointment by giving notice in writing to the appointing authority; or

(c) the authority give him notice in writing that they have terminated it.

(5) The ending of such an appointment does not affect any duty under this section to make a further appointment.

(6) Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—

(a) the child objects to it; and

(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.

(7) Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—

(a) the child objects to its continuing; and

(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.

(8) If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.

(9) The [F349 Secretary of State] may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.]]

Textual Amendments

F347 S. 23ZB inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 16(1), 44(4); S.I. 2009/2273, art. 2(2)(e); S.I. 2010/1329, art. 2(e); S.I. 2010/2981, art. 4(e); S.I. 2016/452, art. 2(d)

F348 Words in s. 23ZB(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 73(a)

F349 Words in s. 23ZB(9) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 73(b)

Advice and assistance for certain children [F350 and young persons] E+W

Textual Amendments

F350 Words in heading before s. 24 inserted (1.10.2001) by 2000 c. 35, ss. 2(3); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

[F351 23A The responsible authority and relevant children. E+W

(1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

( 2 ) In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—

(a) is not being looked after [F352 by any local authority in England or by any local authority in Wales];

(b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(c) is aged sixteen or seventeen.

(3) The [F353 Secretary of State] may prescribe—

(a) additional categories of relevant children; and

(b) categories of children who are not to be relevant children despite falling within subsection (2).

(4) In subsection (1) the “ responsible local authority ” is the one which last looked after the child.

(5) If under subsection (3)(a) the [F354 Secretary of State] prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), [F355 the [F354 Secretary of State]] may in the regulations also provide for which local authority is to be the responsible local authority for those children.]

Textual Amendments

F351 Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F352 Words in s. 23A(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(a)

F353 Words in s. 23A(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(b)

F354 Words in s. 23A(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 74(c)

F355 Words in s. 23A(5) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 8(3)(b)

Modifications etc. (not altering text)

C18 S. 23A(2) modified (W.) (1.10.2001) by S.I. 2001/2189, reg. 4(4)(5) (as amended (1.8.2002) by S.I. 2002/1855, reg. 2(b)(i))

[F356 23B Additional functions of the responsible authority in respect of relevant children. E+W

(1) It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.

(2) It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).

(3) It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—

(a) to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and

(b) to prepare a pathway plan for him.

F357 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F357 ( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F357 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F357 ( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—

(a) maintaining him;

(b) providing him with or maintaining him in suitable accommodation; and

(c) providing support of such other descriptions as may be prescribed.

(9) Support under subsection (8) may be in cash.

(10) The [F358 Secretary of State ] may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation.

(11) If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—

(a) consider how to re-establish contact; and

(b) take reasonable steps to do so,

and while the child is still a relevant child must continue to take such steps until they succeed.

(12) Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.

(13) Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.]

Textual Amendments

F356 Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F357 S. 23B(4)-(7) repealed (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(1), 44, Sch. 4; S.I. 2010/2981, art. 4(g)(l); S.I. 2012/1553, art. 2(a)(e)

F358 Words in s. 23B(10) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 75

[F359 23C Continuing functions in respect of former relevant children. E+W

(1) Each local authority shall have the duties provided for in this section towards—

(a) a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and

(b) a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,

and in this section such a person is referred to as a “ former relevant child ”.

(2) It is the duty of the local authority to take reasonable steps—

(a) to keep in touch with a former relevant child whether he is within their area or not; and

(b) if they lose touch with him, to re-establish contact.

(3) It is the duty of the local authority—

(a) to continue the appointment of a personal adviser for a former relevant child; and

(b) to continue to keep his pathway plan under regular review.

(4) It is the duty of the local authority to give a former relevant child—

(a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;

(b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;

(c) other assistance, to the extent that his welfare requires it.

(5) The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.

[F360 (5A) It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.

(5B) The [F361 Secretary of State] may by regulations—

(a) prescribe the relevant amount for the purposes of subsection (5A);

(b) prescribe the meaning of “higher education” for those purposes;

(c) make provision as to the payment of the relevant amount;

(d) make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.

(5C) The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).]

(6) Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.

(7) If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—

(a) the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and

(b) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.

(8) For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.

(9) Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) [F362 or who is in receipt of a payment under subsection (5A)] as it applies in relation to a person to whom section 24B(3) applies.

(10) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.]

Textual Amendments

F359 Ss. 23A, 23B, 23C inserted (1.10.2001) by 2000 c. 35, s. 2(4); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F360 S. 23C(5A)-(5C) inserted (12.2.2009 for certain purposes for E. , 22.8.2009 otherwise for E., 26.4.2010 for certain purposes for W., 18.3.2011 otherwise for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(2), 44; S.I. 2009/268, art. 3(1)(d); S.I. 2009/2273, art. 2(1); S.I. 2010/1329, art. 2(g); S.I. 2011/824, art. 2(b)

F361 Words in s. 23C(5B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 76

F362 Words in s. 23C(9) inserted (22.8.2009 for E., 18.3.2011 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 21(3), 44; S.I. 2009/2273, art. 2(1); S.I. 2011/824, art. 2(a)

Modifications etc. (not altering text)

C19 S. 23C restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F363 23CZA Arrangements for certain former relevant children to continue to live with former foster parents E+W

(1) Each local authority F364 ... have the duties provided for in subsection (3) in relation to a staying put arrangement.

(2) A “staying put arrangement” is an arrangement under which—

(a) a person who is a former relevant child by virtue of section 23C(1)(b), and

(b) a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,

continue to live together after the former relevant child has ceased to be looked after.

(3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—

(a) to monitor the staying put arrangement, and

(b) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.

(4) Support provided to the former foster parent under subsection (3)(b) must include financial support.

(5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.

(6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.]

Textual Amendments

F363 S. 23CZA inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 98(2), 139(6); S.I. 2014/889, art. 5(e)

F364 Words in s. 23CZA(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 77

[F365 23CZB England: further advice and support E+W

(1) This section applies to a former relevant child if—

(a) he or she has reached the age of 21 but not the age of 25, and

(b) a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).

(2) If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).

(3) The local authority must provide the former relevant child with a personal adviser until the former relevant child—

(a) reaches the age of 25, or

(b) if earlier, informs the local authority that he or she no longer wants a personal adviser.

(4) The local authority must—

(a) carry out an assessment in relation to the former relevant child under subsection (5), and

(b) prepare a pathway plan for the former relevant child.

(5) An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—

(a) whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and

(b) if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.

(6) The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).

(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—

(a) as soon as possible after he or she reaches the age of 21, and

(b) at least once in every 12 months.

(8) In this section “former relevant child” has the meaning given by section 23C(1).]

Textual Amendments

F365 S. 23CZB inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(2), 70(2); S.I. 2018/346, reg. 4(c)

[F366 23CA Further assistance to pursue education or training E+W

(1) This section applies to a person if—

(a) he is under the age of twenty-five or of such lesser age as may be prescribed by the [F367 Secretary of State];

(b) he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and

(c) he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.

[F368 (2) It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.]

(3) It is the duty of the responsible local authority—

(a) to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and

(b) to prepare a pathway plan for him.

(4) It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.

(5) The kinds of assistance are—

(a) contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or

(b) making a grant to enable him to meet expenses connected with his education and training.

(6) If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.

(7) For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.

(8) Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.

(9) Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.

(10) Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).

(11) In this section “ the responsible local authority ” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him. ]

Textual Amendments

F366 S. 23CA inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(2), 44; S.I. 2010/2981, art. 4(g) (with art. 6); S.I. 2012/1553, art. 2(a) (with art. 3

F367 Words in s. 23CA(1)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 78

F368 S. 23CA(2) substituted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(3), 70(2); S.I. 2018/346, reg. 4(c)

[F369 Personal advisers and pathway plans] E+W

Textual Amendments

F369 Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

[F370 23D Personal advisers. E+W

(1) The [F371 Secretary of State] may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of [F372 twenty-five] who are not—

(a) children who are relevant children for the purposes of section 23A;

(b) the young persons referred to in section 23C; or

(c) the children referred to in paragraph 19C of Schedule 2.[F373 ; or

“(d) persons to whom section 23CA applies.]

(2) Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the [F374 Secretary of State] prescribes.]

[F375 (3) Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.

(4) Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).]

Textual Amendments

F370 Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F371 Words in s. 23D(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 79(a)

F372 Word in s. 23D(1) substituted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(a), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)

F373 S. 23D(1)(d) and word inserted (1.1.2010 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(1)(b), 44; S.I. 2009/3354, art. 3(1); S.I. 2010/1329, art. 2(i)

F374 Words in s. 23D(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 79(b)

F375 S. 23D(3)(4) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(4), 70(2); S.I. 2018/346, reg. 4(c)

[F376 23E Pathway plans. E+W

(1) In this Part, a reference to a “ pathway plan ” is to a plan setting out—

(a) in the case of a plan prepared under paragraph 19B of Schedule 2—

(i) the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and

(ii) when they might cease to look after him;

[F377 (aa) in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide;] and

(b) in the case of a plan prepared under section 23B [F378 or 23CA] , the advice, assistance and support which the local authority intend to provide under this Part,

and dealing with such other matters (if any) as may be prescribed [F379 in regulations made by the Secretary of State].

[F380 (1ZA) A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).]

[F381 (1A ) A local authority may carry out an assessment under section 23B(3) [F382 , 23CZB(5) ] or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—

(a) the Chronically Sick and Disabled Persons Act 1970;

(b) Part 4 of the Education Act 1996 [F383 or Part 3 of the Children and Families Act 2014] (in the case of an assessment under section 23B(3));

(c) the Disabled Persons (Services, Consultation and Representation) Act 1986; or

(d) any other enactment.

(1B ) The [F384 Secretary of State] may by regulations make provision as to assessments for the purposes of section 23B(3) [F385 , 23CZB(5) ] or 23CA.

(1C ) Regulations under subsection (1B) may in particular make provision about—

(a) who is to be consulted in relation to an assessment;

(b) the way in which an assessment is to be carried out, by whom and when;

(c) the recording of the results of an assessment;

(d) the considerations to which a local authority are to have regard in carrying out an assessment.

(1D ) A local authority shall keep each pathway plan prepared by them under section 23B [F386 , 23CZB ] or 23CA under review.]

(2) The [F387 Secretary of State] may by regulations make provision about pathway plans and their review.]

Textual Amendments

F376 Ss. 23D, 23E and cross-heading inserted (1.10.2001) by 2000 c. 35, s. 3; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F377 S. 23E(1)(aa) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(6), 70(2); S.I. 2018/346, reg. 4(c)

F378 Words in s. 23E(1)(b) inserted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 22(4), 44(4); S.I. 2010/2981, art. 4(g); S.I. 2012/1553, art. 2(a)

F379 Words in s. 23E(1) 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), 80(a)

F380 S. 23E(1ZA) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(7), 70(2); S.I. 2018/346, reg. 4(c)

F381 S. 23E(1A)-(1D) inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., 1.4.2011 for E. so far as not already in force, 19.6.2012 for W. so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 22(5), 44; S.I. 2009/2273, art. 2(2)(g); S.I. 2010/1329, art. 2(h); S.I. 2010/2981, art. 4(g) (with art. 6)

F382 Word in s. 23E(1A) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(8), 70(2); S.I. 2018/346, reg. 4(c)

F383 Words in s. 23E(1A)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 65(2); S.I. 2014/889, art. 7(a)

F384 Words in s. 23E(1B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(b)

F385 Word in s. 23E(1B) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(9), 70(2); S.I. 2018/346, reg. 4(c)

F386 Word in s. 23E(1D) inserted (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 3(10), 70(2); S.I. 2018/346, reg. 4(c)

F387 Words in s. 23E(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 80(c)

[F388 24 Persons qualifying for advice and assistance. E+W

[F389 (1) In this Part “ a person qualifying for advice and assistance ” means a person to whom subsection (1A) or (1B) applies.

(1A) This subsection applies to a person—

(a) who has reached the age of sixteen but not the age of twenty-one;

(b) with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and

(c) who was, immediately before the making of that order, looked after by a local authority.

(1B) This subsection applies to a person to whom subsection (1A) does not apply, and who—

(a) is under twenty-one; and

(b) at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.]

(2) In [F390 subsection (1B)(b) ] , “ looked after, accommodated or fostered ” means—

(a) looked after by a local authority [F391 (without subsequently being looked after by a local authority in Wales)];

(b) accommodated by or on behalf of a voluntary organisation;

( c ) accommodated in a private children’s home;

(d) accommodated for a consecutive period of at least three months—

(i) by any [F392 Local Health Board ] , Special Health Authority F393 ... [F394 or by a local authority in the exercise of education functions ] , or

( ii ) in any care home or independent hospital or in any accommodation provided [F395 pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or] by a National Health Service trust [F396 or an NHS foundation trust] [F397 , or by a local authority in Wales in the exercise of education functions]; or

(e) privately fostered.

(3) Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.

(4) In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.

(5) In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is—

[F398 (za) in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the [F399 Secretary of State];]

(a) in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or

(b) in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).]

Textual Amendments

F388 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F389 S. 24(1)-(1B) substituted (30.12.2005) for s. 24(1) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F390 Words in s. 24(2) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F391 Words in s. 24(2)(a) 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), 81(a)

F392 Words in s. 24(2)(d)(i) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(b)

F393 Words in s. 24(2)(d)(i) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)

F394 Words in s. 24(2)(d)(i) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(2)

F395 Words in s. 24(2)(d)(ii) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 49(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. para. 14)

F396 Words in s. 24(2)(d)(ii) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 76; S.I. 2004/759, art. 2

F397 Words in s. 24(2)(d)(ii) 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), 81(b)

F398 S. 24(5)(za) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 60(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F399 Words in s. 24(5)(za) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 81(c)

Modifications etc. (not altering text)

C20 S. 24(2)(c)(d)(ii) amended (temp. from 1.10.2001) by 2000 c. 35, s. 4(2)(a)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

[F400 24A Advice and assistance. E+W

(1) The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.

(2) The conditions are that—

(a) he needs help of a kind which they can give under this section or section 24B; and

(b) in the case of a person [F401 to whom section 24(1A) applies, or to whom section 24(1B) applies and ] who was not being looked after by any local authority [F402 or local authority in Wales], they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.

(3) If the conditions are satisfied—

(a) they shall advise and befriend him if [F403 he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and] he was being looked after by a local authority [F404 (without subsequently being looked after by a local authority in Wales)] or was accommodated by or on behalf of a voluntary organisation; and

(b) in any other case they may do so.

(4) Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.

(5) The assistance may be in kind [F405 and, in exceptional circumstances, assistance may be given—

(a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b) in cash].

(6) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.]

Textual Amendments

F400 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F401 Words in s. 24A(2)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F402 Words in s. 24A(2)(b) 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), 82(a)

F403 Words in s. 24A(3)(a) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 61(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F404 Words in s. 24A(3)(a) 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), 82(b)

F405 Words in s. 24A(5) substituted (7.11.2002) by 2002 c. 38, ss. 116(3), 148 (with Sch. 4 paras. 6-8)

Modifications etc. (not altering text)

C21 S. 24A restricted (8.1.2002) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F406 24B Employment, education and training. E+W

(1) The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of [F407 section 24(1A) or] section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.

(2) The relevant local authority may give assistance to a person to whom subsection (3) applies by—

(a) contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or

(b) making a grant to enable him to meet expenses connected with his education or training.

(3) This subsection applies to any person who—

(a) is under [F408 twenty-five] ; and

(b) qualifies for advice and assistance by virtue of [F407 section 24(1A) or] section 24(2)(a), or would have done so if he were under twenty-one.

(4) Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.

(5) Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—

(a) providing him with suitable accommodation during the vacation; or

(b) paying him enough to enable him to secure such accommodation himself.

(6) The [F409 Secretary of State] may prescribe the meaning of “ full-time ”, “ further education ”, “ higher education ” and “ vacation ” for the purposes of subsection (5). ]

Textual Amendments

F406 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35, s. 4(1); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F407 Words in s. 24B(1)(3)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 62 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F408 Word in s. 24B(3)(a) substituted (1.4.2011 for E., 19.6.2012 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 23(2), 44(4); S.I. 2010/2981, art. 4(h); S.I. 2012/1553, art. 2(b)

F409 Words in s. 24B(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 83

Modifications etc. (not altering text)

C22 S. 24B restricted (8.1.2003) by 2002 c. 41, s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

[F410 24C Information. E+W

(1) Where it appears to a local authority that a person—

(a) with whom they are under a duty to keep in touch under section 23B, 23C or 24; or

(b) whom they have been advising and befriending under section 24A; or

(c) to whom they have been giving assistance under section 24B,

proposes to live, or is living, in the area of another local authority [F411 , or in the area of a local authority in Wales], they must inform that other authority.

[F412 (2) Where a child who is accommodated in England—

(a) by a voluntary organisation or in a private children’s home;

(b) by or on behalf of any Local Health Board or Special Health Authority;

(c) by or on behalf of a clinical commissioning group or the National Health Service Commissioning Board;

(d) by or on behalf of a local authority in the exercise of education functions;

(e) by or on behalf of a local authority in Wales in the exercise of education functions;

(f) in any care home or independent hospital; or

(g) in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,

ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.]

(3) Subsection (2) only applies, by virtue of [F413 any of paragraphs (b) to (g)], if the accommodation has been provided for a consecutive period of at least three months.

[F414 (4) In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.]

Textual Amendments

F410 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35 , s. 4(1) ; S.I. 2001/2191 , art. 2 ; S.I. 2001/2878 , art. 2

F411 Words in s. 24C(1) 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) , 84(a)

F412 S. 24C(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(b)

F413 Words in s. 24C(3) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(c)

F414 S. 24C(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 84(d)

[F415 24D Representations: sections 23A to 24B. E+W

(1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by—

(a) a relevant child for the purposes of section 23A or a young person falling within section 23C;

(b) a person qualifying for advice and assistance; or

(c) a person falling within section 24B(2),

about the discharge of their functions under this Part in relation to him.

[F416 (1A) Regulations may be made by the [F417 Secretary of State] imposing time limits on the making of representations under subsection (1).]

(2) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the [F418 Secretary of State] for the purposes of this subsection.]]

Textual Amendments

F410 Ss. 24, 24A, 24B, 24C substituted for s. 24 (1.10.2001) by 2000 c. 35 , s. 4(1) ; S.I. 2001/2191 , art. 2 ; S.I. 2001/2878 , art. 2

F415 S. 24D inserted (1.10.2001) by 2000 c. 35, s. 5; S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F416 S. 24D(1A) inserted (7.12.2004) by 2002 c. 38, ss. 117(1), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(m)(xi)

F417 Words in s. 24D(1A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 85(a)

F418 Words in s. 24D(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 85(b)

Secure accommodation E+W+S

25 Use of accommodation for restricting liberty. E+W+S

(1) Subject to the following provisions of this section, a child who is being looked after by a local authority [F419 in England or Wales] may not be placed, and, if placed, may not be kept, in accommodation [F420 in England] [F421 or Scotland] provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a) that—

(i) he has a history of absconding and is likely to abscond from any other description of accommodation; and

(ii) if he absconds, he is likely to suffer significant harm; or

(b) that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2) The [F422 Secretary of State] may by regulations—

(a) specify a maximum period—

(i) beyond which a child may not be kept in secure accommodation [F423 in England] [F424 or Scotland] without the authority of the court; and

(ii) for which the court may authorise a child to be kept in secure accommodation [F425 in England] [F424 or Scotland] ;

(b) empower the court from time to time to authorise a child to be kept in secure accommodation [F426 in England] [F427 or Scotland] for such further period as the regulations may specify; and

(c) provide that applications to the court under this section shall be made only by local authorities.[F428 in England or Wales]

(3) It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.

(4) If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.

(5) On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

[F429 (5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.]

(6) No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for [F430 the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012] and having had the opportunity to do so, he refused or failed to apply.

(7) The [F431 Secretary of State] may by regulations provide that—

(a) this section shall or shall not apply to any description of children specified in the regulations;

(b) this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;

(c) such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation [F432 in England] [F433 or Scotland] .

[F434 (d) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).]

(8) The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.

[F435 (8A) Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.]

(9) This section is subject to section 20(8).

Extent Information

E1 S. 25 extends to England and Wales with the exception of s. 25(8) which extends to Great Britain. See s. 108(11)(12).

Textual Amendments

F419 Words in s. 25(1) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(a)

F420 Words in s. 25(1) 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), 86(a)(ii)

F421 Words in s. 25(1) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(2)(b)

F422 Words in s. 25(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(b)

F423 Words in s. 25(2)(a)(i) 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), 86(c)

F424 Words in s. 25(2)(a)(i)(ii) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)

F425 Words in s. 25(2)(a)(ii) 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), 86(c)

F426 Words in s. 25(2)(b) 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), 86(c)

F427 Words in s. 25(2)(b) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(a)

F428 Words in s. 25(2)(c) substituted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(3)(b)

F429 S. 25(5A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(4)

F430 Words in s. 25(6) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 38; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

F431 Words in s. 25(7) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 86(e)

F432 Words in s. 25(7)(c) 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), 86(f)

F433 Words in s. 25(7)(c) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(a)

F434 S. 25(7)(d) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(5)(b)

F435 S. 25(8A) inserted (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(6)

Modifications etc. (not altering text)

C23 S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(1).

S. 25 excluded (14.10.1991) by S.I. 1991/1505, reg. 5(2).

S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 6(1).

S. 25 modified (14.10.1991) by S.I. 1991/1505, reg. 7(1).

C24 S. 25 amendment to earlier affecting provision SI 1991/1505 reg. 6 (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 2(2) (with reg. 2(4)(5))

C25 S. 25 excluded by SI 1991/1505, reg. 5A (as inserted (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Children Act 1989) (Children Remanded to Youth Detention Accommodation) Regulations 2012 (S.I. 2012/2813), regs. 1(1), 6)

C26 S. 25 extended to Scotland (27.4.2017) by Children and Social Work Act 2017 (c. 16), s. 70(1)(a), Sch. 1 para. 2(1)

Commencement Information

I22 S. 25 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F436 Independent reviewing officers E+W

Textual Amendments

F436 Ss. 25A, 25B and cross-heading inserted (1.9.2009 for certain purposes for E., 26.4.2010 for certain purposes for W., and and 1.4.2011 otherwise for E.) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44; S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5)

F437 25A Appointment of independent reviewing officer E+W

(1) If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

(2) The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

(3) If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4) An appointee must be of a description prescribed in regulations made by the [F438 Secretary of State].

Textual Amendments

F437 S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)

F438 Words in s. 25A(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 87

F437 25B Functions of the independent reviewing officer E+W

(1) The independent reviewing officer must—

(a) monitor the performance by the local authority of their functions in relation to the child's case;

(b) participate, in accordance with regulations made by the [F439 Secretary of State], in any review of the child's case;

(c) ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d) perform any other function which is prescribed in regulations made by the [F440 Secretary of State].

(2) An independent reviewing officer's functions must be performed—

(a) in such manner (if any) as may be prescribed in regulations made by the [F441 Secretary of State]; and

(b) having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3) If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

(a) an officer of the Children and Family Court Advisory and Support Service; F442 ...

F442 ( b ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a) to co-operate with that individual; and

(b) to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

Textual Amendments

F437 S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)

F439 Words in s. 25B(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)

F440 Words in s. 25B(1)(d) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)

F441 Words in s. 25B(2)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(a)

F442 S. 25B(3)(b) and preceding word omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(b)

[F443 25C Referred cases E+W

(1) In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—

(a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

(b) require any functions of the officers to be performed in the manner prescribed by the regulations.

F444 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F443 S. 25C inserted (1.4.2011 for E., 1.12.2017 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(2), 44(4); S.I. 2010/2981, art. 4(c); S.I. 2017/948, art. 2(b)

F444 S. 25C(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 89

26 Review of cases and inquiries into representations. E+W

(1) The [F445 Secretary of State] may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

(2) The regulations may, in particular, make provision—

(a) as to the manner in which each case is to be reviewed;

(b) as to the considerations to which the local authority are to have regard in reviewing each case;

(c) as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

(d) requiring the authority, before conducting any review, to seek the views of—

(i) the child;

(ii) his parents;

(iii) any person who is not a parent of his but who has parental responsibility for him; and

(iv) any other person whose views the authority consider to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

(e) requiring the authority F446 . . . , in the case of a child who is in their care

[F447 (i) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

(ii) to consider], whether an application should be made to discharge the care order;

(f) requiring the authority F448 . . . , in the case of a child in accommodation provided by the authority

[F449 (i) if there is no plan for the future care of the child, to prepare one,

(ii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

(iii) to consider], whether the accommodation accords with the requirements of this Part;

(g) requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;

(h) requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;

(i) requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—

(i) the child;

(ii) his parents;

(iii) any person who is not a parent of his but who has parental responsibility for him; and

(iv) any other person whom they consider ought to be notified;

(j) requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.

F450 ( k ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451 ( 2A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451 ( 2C ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F451 ( 2D ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—

(a) any child who is being looked after by them or who is not being looked after by them but is in need;

(b) a parent of his;

(c) any person who is not a parent of his but who has parental responsibility for him;

(d) any local authority foster parent;

(e) such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,

about the discharge by the authority of any of their [F452 qualifying functions ]in relation to the child.

[F453 (3A) The following are qualifying functions for the purposes of subsection (3)—

(a) functions under this Part,

(b) such functions under Part 4 or 5 as are specified by the [F454 Secretary of State] in regulations.

(3B) The duty under subsection (3) extends to representations (including complaints) made to the authority by—

(a) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

(b) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the [F455 Secretary of State] in regulations.]

[F456 (3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

(a) a child with respect to whom a special guardianship order is in force,

(b) a special guardian or a parent of such a child,

(c) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

(d) any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the [F457 Secretary of State] in regulations.]

(4) The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—

(a) the consideration; and

(b) any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration

[F458 but this subsection is subject to subsection (5A).]

[F459 (4A) Regulations may be made by the [F460 Secretary of State] imposing time limits on the making of representations under this section.]

(5) In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the [F461 Secretary of State] for the purpose of regulating the procedure to be followed.

[F462 (5A) Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.]

(6) The [F463 Secretary of State] may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).

(7) Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—

(a) have due regard to the findings of those considering the representation; and

(b) take such steps as are reasonably practicable to notify (in writing)—

(i) the person making the representation;

(ii) the child (if the authority consider that he has sufficient understanding); and

(iii) such other persons (if any) as appear to the authority to be likely to be affected,

of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.

(8) Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.

Textual Amendments

F445 Words in s. 26(1) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(a)

F446 Words in s. 26(2)(e) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F447 Words in s. 26(2)(e) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2

F448 Words in s. 26(2)(f) omitted (21.5.2004) and repealed (30.12.2005) by virtue of 2002 c. 38, ss. 118(1)(a), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2; S.I. 2005/2897, art. 2(b)

F449 Words in s. 26(2)(f) inserted (21.5.2004) by 2002 c. 38, ss. 118(1)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/1403, art. 2

F450 S. 26(2)(k) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(a), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)

F451 S. 26(2A)-(2D) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 10(3)(b), 44(4), Sch. 4; S.I. 2010/2981, art. 4(c)(l) (with art. 5); S.I. 2016/452, art. 2(c) (with art. 3)

F452 Words in s. 26(3) substituted (30.12.2005) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F453 S. 26(3A)(3B) inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 117(4), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi); S.I. 2005/2213, art. 2(k)

F454 Words in s. 26(3A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(b)

F455 Words in s. 26(3B) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(c)

F456 S. 26(3C) inserted (17.1.2005 for E. and 30.12.2005 for W.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 117(1); S.I. 2005/38, art. 2(a); S.I. 2005/2925, art. 8; S.I. 2005/3285, art. 2(1)

F457 Words in s. 26(3C) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(d)

F458 Words in s. 26(4) inserted (30.12.2005 ) by 2002 c. 38, ss. 117(5), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F459 S. 26(4A) inserted (7.12.2004) by 2002 c. 38, ss. 117(6), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xi)

F460 Words in s. 26(4A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(e)

F461 Words in s. 26(5) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(f)

F462 S. 26(5A) inserted (30.12.2005) by 2002 c. 38, ss. 117(7), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F463 Words in s. 26(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 90(g)

Commencement Information

I23 S. 26 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F464 26ZA Representations: further consideration E+W

F465 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Textual Amendments

F464 S. 26ZA inserted (20.11.2003 for certain purposes and otherwise prosp.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 116(1), 199

F465 S. 26ZA repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 10, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F466 26ZB Representations: further consideration (Wales) E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F466 S. 26ZB omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 91

[F467 26A Advocacy services E+W

(1) Every local authority shall make arrangements for the provision of assistance to—

(a) persons who make or intend to make representations under section 24D; and

(b) children who make or intend to make representations under section 26.

(2) The assistance provided under the arrangements shall include assistance by way of representation.

F468 ( 2A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The arrangements—

(a) shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the [F469 Secretary of State]; and

(b) shall comply with any other provision made by the regulations in relation to the arrangements.

(4) The [F470 Secretary of State] may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).

(5) Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.]

Textual Amendments

F467 S. 26A inserted (30.1.2004 for certain purposes and otherwise 1.4.2004) by 2002 c. 38, ss. 119, 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(3)(4)(b)

F468 S. 26A(2A) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(a)

F469 Words in s. 26A(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(b)

F470 Words in s. 26A(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 92(b)

27 Co-operation between authorities. E+W

(1) Where it appears to a local authority that any authority F471 . . . mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority F471 . . . specifying the action in question.

(2) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

(3) The [F472 authorities] are—

(a) any local authority;

F473 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any local housing authority;

[F474 (ca) the National Health Service Commissioning Board;]

(d) any [F475 clinical commissioning group,] [F476 [F477 Local Health Board], Special Health Authority] F478 ... [F479 , National Health Service trust or NHS foundation trust];

[F480 (da) any local authority in Wales]; and

(e) any person authorised by the [F481 Secretary of State] for the purposes of this section.

[F482 (3A) The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.]

F483 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F471 Words in s. 27(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 14(a), Sch. 20; S.I. 1991/1883, art. 3, Sch.

F472 Word in s. 27(3) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 14(b); S.I. 1991/1883, art. 3, Sch.

F473 Words in s. 27(3)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(4), Sch. 3 Pt. 2

F474 S. 27(3)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F475 Words in s. 27(3)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F476 Words in s. 27(3)(d) substituted (1.4.1996) by 1995 c. 17, ss. 1(2), 2(1)(3), Sch. 1, Pt. III, para. 118(5)(with Sch. 2, para. 6)

F477 Words in s. 27(3)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(d)}

F478 Words in s. 27(3)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 51(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F479 Words in s. 27(3)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 78; S.I. 2004/759, art. 2

F480 S. 27(3)(da) 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), 93(a)

F481 Words in s. 27(3)(e) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 93(b)

F482 S. 27(3A) 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), 93(c)

F483 S. 27(4) repealed (1.9.1994) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 147, Sch. 21 Pt. II; S.I. 1994/2038, art. 3, Sch. 2, Appendix

Commencement Information

I24 S. 27 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

28 Consultation with local education authorities. E+W

F484 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F484 S. 28 repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(5), Sch. 3 Pt. 2

Commencement Information

I25 S. 28 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

29 Recoupment of cost of providing services etc. E+W

(1) Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.

(2) Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.

(3) No person shall be liable to pay any charge under subsection (1) [F485 for a service provided under section 17 or section 18(1) or (5)] at any time when he is in receipt [F486 of universal credit (except in such circumstances as may be prescribed),] of income support [F487 under][F488 Part VII of the Social Security Contributions and Benefits Act 1992] [F489 , of any element of child tax credit other than the family element, of working tax credit] [F490 , of an income-based jobseeker's allowance or of an income-related employment and support allowance].

[F491 (3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt [F486 of universal credit (except in such circumstances as may be prescribed),] of income support under Part VII of the Social Security Contributions and Benefits Act 1992 [F490 , of an income-based jobseeker's allowance or of an income-related employment and support allowance].]

[F492 (3B) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—

(a) he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or

(b) he is a member of a [F493 couple] (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.]

(4) The persons are—

(a) where the service is provided for a child under sixteen, each of his parents;

(b) where it is provided for a child who has reached the age of sixteen, the child himself; and

(c) where it is provided for a member of the child’s family, that member.

(5) Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

(6) Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M13 Child Care Act 1980.

(7) Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority [F494 or the area of a local authority in Wales], they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(8) Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority [F495 or the area of a local authority in Wales] and they are not maintaining him in—

(a) a community home provided by them;

(b) a controlled community home; or

(c) a hospital vested in the [F496 Secretary of State or] [F497 , the Welsh Ministers]F498 ... [F499 or any other hospital made available pursuant to arrangements made by [F500 the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by] F501 ..., a [F502 Local Health Board]F498 ...,],

they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

(9) [F503 Except where subsection (10) [F504 or subsection (11)] applies,] Where a local authority comply with any request under section 27(2) [F505 or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)] in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority [F506 or a local authority in Wales] in whose area the child or person is ordinarily resident any [F507 reasonable expenses] incurred by them in respect of that person.

[F508 (10) Where a local authority (“ authority A ”) comply with any request under section 27(2) from another local authority (“ authority B ”) in relation to a child or other person—

(a) whose responsible authority is authority B for the purposes of section 23B or 23C; or

(b) whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),

authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]

[F509 (11) Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.]

Textual Amendments

F485 Words in s. 29(3) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F486 Words in s. 29(3)(3A) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 1(c); S.I. 2013/983, art. 3(1)(b)(i)

F487 Words in s. 29(3) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(a); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F488 Words in s. 29(3) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 4, 7(2), Sch. 2 para 108(b).

F489 Words in s. 29(3) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 18(b); S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F490 Words in s. 29(3)(3A) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, {Sch, 3 para. 6(4)}; S.I. 2008/787, art. 2(4)(f)

F491 S. 29(3A) inserted (25.8.2000 in relation to E. and otherwise 28.7.2001) by 2000 c. 22, ss. 103(1), 108(4); S.I. 2000/2420, art. 2

F492 S. 29(3B) inserted (2.7.2002 for certain purposes, otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 para. 30; S.I. 2002/1691, art. 2; S.I. 2003/1766, art. 2(a)

F493 Words in s. 29(3B) substituted (5.12.2005) by The Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129), art. 4(4), Sch. 4 para. 9

F494 Words in s. 29(7) 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), 94(a)

F495 Words in s. 29(8) 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), 94(b)

F496 Words in s. 29(8)(c) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F497 Words in s. 29(8)(c) inserted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 20

F498 Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F499 Words in s. 29(8)(c) added by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(3)

F500 Words in s. 29(8)(c) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F501 Words in s. 29(8)(c) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 52(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F502 Words in s. 29(8)(c) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(e)}

F503 Words in s. 29(9) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(a); S.I. 2001/2191, art. 2; 2001/2878, art. 2

F504 Words in s. 29(9) 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), 94(c)(i)

F505 Words in s. 29(9) 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), 94(c)(ii)

F506 Words in s. 29(9) 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), 94(c)(iii)

F507 Words in s. 29(9) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 15; S.I. 1991/1883, art. 3, Sch.

F508 S. 29(10) inserted (1.10.2001) by 2000 c. 35, s. 7(3)(b); S.I. 2001/2191, art. 2; S.I. 2001/2878, art. 2

F509 S. 29(11) 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), 94(d)

Commencement Information

I26 S. 29 in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M13 1980 c. 5.

30 Miscellaneous. E+W

(1) Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.

(2) Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the [F510 Secretary of State] [F511 but see subsection (2C)].

F512 ( 2A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F512 ( 2B ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F513 (2C) Any question arising as to whether a child is ordinarily resident—

(a) in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or

(b) in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,

shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.]

[F513 (2D) The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).]

(3) F514 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F515 Secretary of State] may make regulations for determining, as respects any [F516 education] functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.]

Textual Amendments

F510 Words in s. 30(2) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(a)(i)

F511 Words in s. 30(2) 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), 95(a)(ii)

F512 S. 30(2A)(2B) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(b)

F513 Words in s. 30(2C)(2D) 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), 95(c)

F514 S. 30(3) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(6)(a), Sch. 3 Pt. 2

F515 Words in s. 30(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 95(d)

F516 Words in s. 30(4) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(6)(b)

Commencement Information

I27 S. 30 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F517 30A Meaning of appropriate national authority E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F517 S. 30A omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 96

Part IV E+W Care and Supervision

General E+W

31 Care and Supervision E+W

(1) On the application of any local authority or authorised person, the court may make an order—

(a) placing the child with respect to whom the application is made in the care of a designated local authority; or

(b) putting him under the supervision of a designated local authority F518 . . ..

(2) A court may only make a care order or supervision order if it is satisfied—

(a) that the child concerned is suffering, or is likely to suffer, significant harm; and

(b) that the harm, or likelihood of harm, is attributable to—

(i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

(ii) the child’s being beyond parental control.

(3) No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).

[F519 (3A) A court deciding whether to make a care order—

(a) is required to consider the permanence provisions of the section 31A plan for the child concerned, but

(b) is not required to consider the remainder of the section 31A plan, subject to section 34(11).

[F520 (3B) For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—

(a) such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—

(i) the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;

(ii) adoption;

(iii) long-term care not within sub-paragraph (i) or (ii);

(b) such of the plan's provisions as set out any of the following—

(i) the impact on the child concerned of any harm that he or she suffered or was likely to suffer;

(ii) the current and future needs of the child (including needs arising out of that impact);

(iii) the way in which the long-term plan for the upbringing of the child would meet those current and future needs.]

(3C) The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan.]

(4) An application under this section may be made on its own or in any other family proceedings.

(5) The court may—

(a) on an application for a care order, make a supervision order;

(b) on an application for a supervision order, make a care order.

(6) Where an authorised person proposes to make an application under this section he shall—

(a) if it is reasonably practicable to do so; and

(b) before making the application,

consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.

(7) An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—

(a) the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or

(b) subject to—

(i) a care order or supervision order;

[F521 (ii) a youth rehabilitation order within [F522 the meaning given by section 173 of the Sentencing Code]; or]

[F523 (iii) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act    2011. ]

(8) The local authority designated in a care order must be—

(a) the authority within whose area the child is ordinarily resident; or

(b) where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.

(9) In this section—

• “authorised person” means—

  (a)

  the National Society for the Prevention of Cruelty to Children and any of its officers; and

  (b)

  any person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;

• “harm” means ill-treatment or the impairment of health or development [F524 including, for example, impairment suffered from seeing or hearing the ill-treatment of another];

• “development” means physical, intellectual, emotional, social or behavioural development;

• “health” means physical or mental health; and

• “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

(10) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

(11) In this Act—

• “a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

• “a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Textual Amendments

F518 Words in s. 31(1)(b) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 90, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F519 S. 31(3A)-(3C) substituted for s. 31(3A) (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 15(1), 139(6); S.I. 2014/889, art. 4(d) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F520 S. 31(3B) substituted (31.10.2017) by Children and Social Work Act 2017 (c. 16), ss. 8, 70(2); S.I. 2017/918, reg. 2(a)

F521 S. 31(7)(b)(ii) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 35 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(v)

F522 Words in s. 31(7)(b)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 109 (with Sch. 27); S.I. 2020/1236, reg. 2

F523 S. 31(7)(b)(iii) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(2)

F524 S. 31(9): words in definition of "harm" inserted (31.1.2005) by 2002 c. 38, ss. 120, 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(2)

Modifications etc. (not altering text)

C27 S. 31 applied (14.10.1991) by S.I. 1991/2032, art. 3(1).

C28 S. 31 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(a)

C29 S. 31(1)(a) extended (30.9.1998) by 1998 c. 37, s. 12(6)(a)(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8)

C30 S. 31(2) modified (30.9.1998) by 1998 c. 37, s. 12(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8).

Commencement Information

I28 S. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F525 31A Care orders: care plans E+W

(1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“ a care plan ”) for the future care of the child.

(2) While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.

(3) A care plan must give any prescribed information and do so in the prescribed manner.

(4) For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.

(5) In section 31(3A) and this section, references to a care order do not include an interim care order.

(6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a “ section 31A plan ”. ]

Textual Amendments

F525 S. 31A inserted (7.12.2004 for specified purposes and otherwise 30.12.2005) by 2002 c. 38, ss. 121(2), 148 (with s. 121(3), Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(m)(xii); S.I. 2005/2213, art. 2(k)

Modifications etc. (not altering text)

C31 S. 31A modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(b)

32 Period within which application for order under this Part must be disposed of. E+W

(1) A court [F526 in which an application for an order under this Part is proceeding ] shall (in the light of any [F527 provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) ]—

(a) draw up a timetable with a view to [F528 disposing of the application—

(i) without delay, and

(ii) in any event within twenty-six weeks beginning with the day on which the application was issued; and]

(b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

(2) Rules of court may—

(a) specify periods within which specified steps must be taken in relation to such proceedings; and

(b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.

[F529 (3) A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to—

(a) the impact which the timetable would have on the welfare of the child to whom the application relates; and

(b) the impact which the timetable would have on the conduct of the proceedings.

(4) A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to—

(a) the impact which any revision would have on the welfare of the child to whom the application relates; and

(b) the impact which any revision would have on the duration and conduct of the proceedings.

(5) A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly.

(6) When deciding whether to grant an extension under subsection (5), a court must in particular have regard to—

(a) the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and

(b) the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings;

and here “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension.

(7) When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification.

(8) Each separate extension under subsection (5) is to end no more than eight weeks after the later of—

(a) the end of the period being extended; and

(b) the end of the day on which the extension is granted.

(9) The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision.

(10) Rules of court may provide that a court—

(a) when deciding whether to exercise the power under subsection (5), or

(b) when deciding how to exercise that power,

must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.]

Textual Amendments

F526 Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(a), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F527 Words in s. 32(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(7)(b), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F528 Words in s. 32(1)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(2), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F529 S. 32(3)-(10) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(3), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I29 S. 32 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Care orders E+W

33 Effect of care order. E+W

(1) Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force.

(2) Where—

(a) a care order has been made with respect to a child on the application of an authorised person; but

(b) the local authority designated by the order was not informed that that person proposed to make the application,

the child may be kept in the care of that person until received into the care of the authority.

(3) While a care order is in force with respect to a child, the local authority designated by the order shall—

(a) have parental responsibility for the child; and

(b) have the power (subject to the following provisions of this section) to determine the extent to which [F530 —

(i) a parent, guardian or special guardian of the child; or

(ii) a person who by virtue of section 4A has parental responsibility for the child,]

may meet his parental responsibility for him.

(4) The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.

(5) Nothing in subsection (3)(b) shall prevent [F531 a person mentioned in that provision who has care of the child] from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.

(6) While a care order is in force with respect to a child, the local authority designated by the order shall not—

(a) cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or

(b) have the right—

(i) F532 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) to agree or refuse to agree to the making of an adoption order, or an order under [F533 section 84 of the Adoption and Children Act 2002], with respect to the child; or

(iii) to appoint a guardian for the child.

(7) While a care order is in force with respect to a child, no person may—

(a) cause the child to be known by a new surname; or

(b) remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

(8) Subsection (7)(b) does not—

(a) prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or

(b) apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 [F534 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales]).

(9) The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which [F535 a person mentioned in that provision] has in relation to the child and his property by virtue of any other enactment.

Textual Amendments

F530 Words in s. 33(3)(b) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F531 Words in s. 33(5) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F532 S. 33(6)(b)(i) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(i), Sch. 5 (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

F533 Words in s. 33(6)(b)(ii) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(c)(ii) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F534 Words in s. 33(8)(b) 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), 97

F535 Words in s. 33(9) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 63(d) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

Commencement Information

I30 S. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

34 Parental contact etc. with children in care. E+W

(1) Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) [F536 and their duty under section 22(3)(a)] [F537 or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014] allow the child reasonable contact with—

(a) his parents;

(b) any guardian [F538 or special guardian] of his;

[F539 (ba) any person who by virtue of section 4A has parental responsibility for him;]

(c) where there was a [F540 child arrangements] order in force with respect to the child immediately before the care order was made, [F541 any person named in the child arrangements order as a person with whom the child was to live ]; and

(d) where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person.

(2) On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person.

(3) On an application made by—

(a) any person mentioned in paragraphs (a) to (d) of subsection (1); or

(b) any person who has obtained the leave of the court to make the application,

the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.

(4) On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.

(5) When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.

(6) An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if—

(a) they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and

(b) the refusal—

(i) is decided upon as a matter of urgency; and

(ii) does not last for more than seven days.

[F542 (6A) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in England are authorised to refuse to allow contact between the child and a person mentioned in any of paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1) of that Schedule does not require the authority to endeavour to promote contact between the child and that person.]

[F543 (6B) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.]

(7) An order under this section may impose such conditions as the court considers appropriate.

(8) The Secretary of State may by regulations make provision as to—

[F544 (za) what a local authority in England must have regard to in considering whether contact between a child and a person mentioned in any of paragraphs (a) to (d) of subsection (1) is consistent with safeguarding and promoting the child's welfare;]

(a) the steps to be taken by a local authority who have exercised their powers under subsection (6);

(b) the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;

(c) notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.

(9) The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.

(10) An order under this section may be made either at the same time as the care order itself or later.

(11) Before [F545 making, varying or discharging an order under this section or] making a care order with respect to any child the court shall—

(a) consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and

(b) invite the parties to the proceedings to comment on those arrangements.

Textual Amendments

F536 Words in s. 34(1) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(2), 139(6); S.I. 2014/889, art. 6(d)

F537 Words in s. 34(1) 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), 98(a)

F538 Words in s. 34(1)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F539 S. 34(1)(ba) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F540 Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F541 Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F542 S. 34(6A) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(3), 139(6); S.I. 2014/889, art. 6(d)

F543 S. 34(6B) 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), 98(b)

F544 S. 34(8)(za) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(4), 139(6); S.I. 2014/889, art. 6(d)

F545 Words in s. 34(11) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(5), 139(6); S.I. 2014/889, art. 6(d)

Commencement Information

I31 S. 34 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Supervision orders E+W

35 Supervision orders. E+W

(1) While a supervision order is in force it shall be the duty of the supervisor—

(a) to advise, assist and befriend the supervised child;

(b) to take such steps as are reasonably necessary to give effect to the order; and

(c) where—

(i) the order is not wholly complied with; or

(ii) the supervisor considers that the order may no longer be necessary,

to consider whether or not to apply to the court for its variation or discharge.

(2) Parts I and II of Schedule 3 make further provision with respect to supervision orders.

Commencement Information

I32 S. 35 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

36 Education supervision orders. E+W

(1) On the application of any [F546 local authority], the court may make an order putting the child with respect to whom the application is made under the supervision of a designated [F546 local authority].

(2) In this Act “an education supervision order” means an order under subsection (1).

(3) A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.

(4) For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.

(5) Where a child is—

(a) the subject of a school attendance order which is in force under [F547 section 437 of the Education Act 1996] and which has not been complied with; or

[F548 (b) is not attending regularly within the meaning of section 444 of that Act—

(i) a school at which he is a registered pupil,

(ii) any place at which education is provided for him in the circumstances mentioned in subsection (1) [F549 or (1A)] of section 444ZA of that Act, or

(iii) any place which he is required to attend in the circumstances mentioned in subsection [F550 (1B) or] (2) of that section,]

then, unless it is proved that he is being properly educated, it shall be assumed that he is not.

(6) An education supervision order may not be made with respect to a child who is in the care of a local authority.

(7) The [F551 local authority] designated in an education supervision order must be—

(a) the authority within whose area the child concerned is living or will live; or

(b) where—

(i) the child is a registered pupil at a school; and

(ii) the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,

the latter authority.

(8) Where a [F552 local authority] propose to make an application for an education supervision order they shall, before making the application, consult the F553 . . . appropriate local authority [F554 if different].

(9) The appropriate local authority is—

(a) in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and

(b) in any other case, the local authority within whose area the child concerned lives, or will live.

(10) Part III of Schedule 3 makes further provision with respect to education supervision orders.

Textual Amendments

F546 Words in s. 36(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(a)

F547 Words in s. 36(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 85(a)(with s. 1(4))

F548 S. 36(5)(b) substituted (1.9.2005 for E. and 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 117, 119, Sch. 18 para. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F549 Words in s. 36(5)(b)(ii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(a); S.I. 2012/2197, art. 2(b)

F550 Words in s. 36(5)(b)(iii) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 43(b); S.I. 2012/2197, art. 2(b)

F551 Words in s. 36(7) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(b)

F552 Words in s. 36(8) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(i)

F553 Words in s. 36(8) repealed (1.10.1993) by 1993 c. 35, s. 307(1)(3), Sch. 19 para. 149, Sch. 21 Pt. II; S.I. 1993/1975, art. 9, Sch. 1, Appendix.

F554 Words in s. 36(8) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(7)(c)(ii)

Commencement Information

I33 S. 36 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Powers of court E+W

37 Powers of court in certain family proceedings. E+W

(1) Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

(2) Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—

(a) apply for a care order or for a supervision order with respect to the child;

(b) provide services or assistance for the child or his family; or

(c) take any other action with respect to the child.

(3) Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—

(a) their reasons for so deciding;

(b) any service or assistance which they have provided, or intend to provide, for the child and his family; and

(c) any other action which they have taken, or propose to take, with respect to the child.

(4) The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.

(5) The local authority named in a direction under subsection (1) must be—

(a) the authority in whose area the child is ordinarily resident; or

(b) where the child [F555 is not ordinarily resident] in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.

(6) If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—

(a) they shall consider whether it would be appropriate to review the case at a later date; and

(b) if they decide that it would be, they shall determine the date on which that review is to begin.

Textual Amendments

F555 Words in s. 37(5)(b) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 16; S.I. 1991/1883, art. 3, Sch.

Commencement Information

I34 S. 37 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

38 Interim orders. E+W

(1) Where—

(a) in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or

(b) the court gives a direction under section 37(1),

the court may make an interim care order or an interim supervision order with respect to the child concerned.

(2) A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2).

(3) Where, in any proceedings on an application for a care order or supervision order, a court makes a [F556 child arrangements order with respect to the living arrangements of] the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made.

[F557 (3A) For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.]

(4) An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs—

F558 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F559 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in a case which falls within subsection (1)(a), the disposal of the application;

(d) in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child;

[F560 (da) in a case which falls within subsection (1)(b) and in which—

(i) no direction has been given under section 37(4), and

(ii) no application for a care order or supervision order has been made with respect to the child,

the expiry of the period of eight weeks beginning with the date on which the order is made;]

(e) in a case which falls within subsection (1)(b) and in which—

(i) the court has given a direction under section 37(4), but

(ii) no application for a care order or supervision order has been made with respect to the child,

the expiry of the period fixed by that direction.

F561 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment.

(7) A direction under subsection (6) may be to the effect that there is to be—

(a) no such examination or assessment; or

(b) no such examination or assessment unless the court directs otherwise.

[F562 (7A) A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly.

(7B) When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to—

(a) any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child,

(b) the issues with which the examination or other assessment would assist the court,

(c) the questions which the examination or other assessment would enable the court to answer,

(d) the evidence otherwise available,

(e) the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings,

(f) the cost of the examination or other assessment, and

(g) any matters prescribed by Family Procedure Rules.]

(8) A direction under subsection (6) may be—

(a) given when the interim order is made or at any time while it is in force; and

(b) varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.

(9) Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.

(10) Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.

Textual Amendments

F556 Words in s. 38(3) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 32(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F557 S. 38(3A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 32(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F558 S. 38(4)(a) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(a)(i), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F559 S. 38(4)(b) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(a)(ii), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F560 S. 38(4)(da) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 14(4)(b), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F561 S. 38(5) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 14(4)(c), 139(6); S.I. 2014/889, art. 4(c) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F562 S. 38(7A)(7B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 13(11), 139(6); S.I. 2014/793, art. 2 (with transitional provisions in S.I. 2014/1042, arts. 5, 11)

Modifications etc. (not altering text)

C32 S. 38 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(2) (as amended (31.12.2020) by S.I. 2019/519, reg. 1(1), Sch. para. 37(3) (with reg. 8 (as amended by S.I. 2020/1574, regs. 1, 5(2))); 2020 c. 1, Sch. 5 para. 1(1))

C33 S. 38(1) restricted (14.10.1991) by S.I. 1991/1395, rules 1, 28

Commencement Information

I35 S. 38 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F563 38A Power to include exclusion requirement in interim care order. E+W

(1) Where—

(a) on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and

(b) the conditions mentioned in subsection (2) are satisfied,

the court may include an exclusion requirement in the interim care order.

(2) The conditions are—

(a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and

(b) that another person living in the dwelling-house (whether a parent of the child or some other person)—

(i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

(ii) consents to the inclusion of the exclusion requirement.

(3) For the purposes of this section an exclusion requirement is any one or more of the following—

(a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,

(b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and

(c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.

(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.

(5) Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.

(6) Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.

(7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.

(8) Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

(9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.

(10) If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.]

Textual Amendments

F563 Ss. 38A and 38B inserted(1.10.1997) by 1996 c. 27, ss. 52, Sch. 6 para. 1(with Sch. 9 para. 5); S.I. 1997/1892, art.3

F564 38B Undertakings relating to interim care orders. E+W

(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.

(2) No power of arrest may be attached to any undertaking given under subsection (1).

(3) An undertaking given to a court under subsection (1)—

(a) shall be enforceable as if it were an order of the court, and

(b) shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.

(4) This section has effect without prejudice to the powers of the High Court and [F565 family court ] apart from this section.

(5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.

Textual Amendments

F564 Ss. 38A and 38B inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para.1 (with Sch. 9 para. 5); S.I. 1997/1892, art.3

F565 Words in s. 38B(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 106; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

39 Discharge and variation etc. of care orders and supervision orders. E+W

(1) A care order may be discharged by the court on the application of—

(a) any person who has parental responsibility for the child;

(b) the child himself; or

(c) the local authority designated by the order.

(2) A supervision order may be varied or discharged by the court on the application of—

(a) any person who has parental responsibility for the child;

(b) the child himself; or

(c) the supervisor.

(3) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person.

F566 [(3A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.

(3B) Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).]

(4) Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.

(5) When a court is considering whether to substitute one order for another under subsection (4) any provision of this Act which would otherwise require section 31(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded.

Textual Amendments

F566 S. 39(3A) and (3B) inserted(1.10.1997) by 1996 c. 27, ss. 52, 67(3), Sch. 6 para.2; S.I. 1997/1892, art. 3

Commencement Information

I36 S. 39 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

40 Orders pending appeals in cases about care or supervision orders. E+W

(1) Where—

(a) a court dismisses an application for a care order; and

(b) at the time when the court dismisses the application, the child concerned is the subject of an interim care order,

the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

(2) Where—

(a) a court dismisses an application for a care order, or an application for a supervision order; and

(b) at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order,

the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

(3) Where a court grants an application to discharge a care order or supervision order, it may order that—

(a) its decision is not to have effect; or

(b) the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order.

(4) An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.

(5) Where—

(a) an appeal is made against any decision of a court under this section; or

(b) any application is made to the appellate court in connection with a proposed appeal against that decision,

the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.

(6) In this section “the appeal period” means—

(a) where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and

(b) otherwise, the period during which an appeal may be made against the decision.

Commencement Information

I37 S. 40 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Guardians ad litem E+W

41 [F567 Representation of child] E+W

(1) or the purpose of any specified proceedings, the court shall appoint [F568 an officer of the Service][F569 or a Welsh family proceedings officer] for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.

(2) The [F568 officer of the Service][F570 or Welsh family proceedings officer] shall—

(a) be appointed in accordance with rules of court; and

(b) be under a duty to safeguard the interests of the child in the manner prescribed by such rules.

(3) Where—

(a) the child concerned is not represented by a solicitor; and

(b) any of the conditions mentioned in subsection (4) is satisfied,

the court may appoint a solicitor to represent him.

(4) The conditions are that—

(a) no [F568 officer of the Service][F570 or Welsh family proceedings officer] has been appointed for the child;

(b) the child has sufficient understanding to instruct a solicitor and wishes to do so;

(c) it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor.

(5) Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.

(6) In this section “specified proceedings” means any proceedings—

(a) on an application for a care order or supervision order;

(b) in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order;

(c) on an application for the discharge of a care order or the variation or discharge of a supervision order;

(d) on an application under section 39(4);

(e) in which the court is considering whether to make a [F571 child arrangements order with respect to the living arrangements of] a child who is the subject of a care order;

(f) with respect to contact between a child who is the subject of a care order and any other person;

(g) under Part V;

(h) on an appeal against—

(i) the making of, or refusal to make, a care order, supervision order or any order under section 34;

(ii) the making of, or refusal to make, a [F572 child arrangements order with respect to the living arrangements of] a child who is the subject of a care order; or

(iii) the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii);

(iv) the refusal of an application under section 39(4); or

(v) the making of, or refusal to make, an order under Part V; or

[F573 (hh) on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002);]

(i) which are specified for the time being, for the purposes of this section, by rules of court.

[F574 (6A) The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.]

[F575 (6B) For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.]

F576 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F576 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F576 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) Rules of court may make provision as to—

(a) the assistance which any [F568 officer of the Service][F577 or Welsh family proceedings officer] may be required by the court to give to it;

(b) the consideration to be given by any [F568 officer of the Service][F577 or Welsh family proceedings officer] , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;

(c) the participation of [F568 officers of the Service][F578 or Welsh family proceedings officers] in reviews, of a kind specified in the rules, which are conducted by the court.

(11) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a) any statement contained in a report made by [F568 an officer of the Service][F579 or a Welsh family proceedings officer] who is appointed under this section for the purpose of the proceedings in question; and

(b) any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.

F576 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F567 S. 41 side note substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(e); S.I. 2001/919, art. 2(f)(ii)

F568 Words in s. 41(1)(2)(4)(a)(10)(a)(b)(c)(11)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(a)(b)(c); S.I. 2001/919, art. 2(f)(ii)

F569 Words in s. 41(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(2); S.I. 2005/700, art. 2(2)

F570 Words in s. 41(2)(4)(a) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(3); S.I. 2005/700, art. 2(2)

F571 Words in s. 41(6)(e) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F572 Words in s. 41(6)(h)(ii) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F573 S. 41(6)(hh) inserted (30.12.2005) by 2002 c. 38, ss. 122(1)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)

F574 S. 41(6A) inserted (7.12.2004) by 2002 c. 38, ss. 122(1)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(l)

F575 S. 41(6B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 33(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F576 S. 41(7)-(9)(12) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 91(d), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F577 Words in s. 41(10)(a)(b) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(4)(a); S.I. 2005/700, art. 2(2)

F578 Words in s. 41(10)(c) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(4)(b); S.I. 2005/700, art. 2(2)

F579 Words in s. 41(11) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 9(5); S.I. 2005/700, art. 2(2)

Modifications etc. (not altering text)

C34 S. 41 modified (1.11.2012) by Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010 (S.I. 2010/1898), regs. 1(2), 5(3)(c)

C35 S. 41(2) modified (14. 10. 1991) by S.I. 1991/1395, rules. 1, 11(1)

C36 S. 41(3)-(5) applied (with modifications) (23.12.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011 (S.I. 2011/2866), arts. 1(2), 8(1)(2), Sch. 2

Commencement Information

I38 S. 41 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

42 [F580 Right of officer of the Service to have access to local authority records] E+W

(1) Where [F581 an officer of the Service][F582 or Welsh family proceedings officer] has been appointed [F583 under section 41] he shall have the right at all reasonable times to examine and take copies of—

(a) any records of, or held by, a local authority [F584 or an authorised person]which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; F585 . . .

(b) any F585 . . . records of, or held by, a local authority which were compiled in connection with any functions which [F586 are social services functions within the meaning of] the M14 Local Authority Social Services Act 1970 [F587 or for the purposes of the Social Services and Well-being (Wales) Act 2014], so far as those records relate to that child.

[F588 ; or

(c) any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.]

(2) Where [F589 an officer of the Service][F582 or Welsh family proceedings officer] takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—

(a) report which he makes to the court in the proceedings in question; or

(b) evidence which he gives in those proceedings.

(3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

[F590 (4) In this section “ authorised person ” has the same meaning as in section 31. ]

Textual Amendments

F580 S. 42 sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch.7 Pt. II para. 92(c); S.I. 2001/919, art. 2(f)(ii)

F581 Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, 80, Sch. 7 Pt. II para. 92(a)(i); S.I. 2001/919, art. 2(f)(ii)

F582 Words in s. 42(1)(2) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 10; S.I. 2005/700, art. 2(2)

F583 Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(a)(ii); S.I. 2001/919, art. 2(f)(ii)

F584 Words in s. 42(1)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(2); S.I. 1991/1883, art. 3, Sch.

F585 Words in s. 42(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.

F586 Words in s. 42(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 20; S.I. 2000/2849, art. 2(f)

F587 Words in s. 42(1)(b) 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), 99

F588 S. 42(1)(c) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, Sch. 16 para. 18(3); S.I. 1991/1883, art. 3, Sch.

F589 Words in s. 42(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(b); S.I. 2001/919, art. 2(f)(ii)

F590 S. 42(4) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(4); S.I. 1991/1883, art. 3, Sch.

Commencement Information

I39 S. 42 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M14 1970 c. 42.

Part V U.K. Protection of Children

43 Child assessment orders. E+W

(1) On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—

(a) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;

(b) an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and

(c) it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.

(2) In this Act “a child assessment order” means an order under this section.

(3) A court may treat an application under this section as an application for an emergency protection order.

(4) No court shall make a child assessment order if it is satisfied—

(a) that there are grounds for making an emergency protection order with respect to the child; and

(b) that it ought to make such an order rather than a child assessment order.

(5) A child assessment order shall—

(a) specify the date by which the assessment is to begin; and

(b) have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.

(6) Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child—

(a) to produce him to such person as may be named in the order; and

(b) to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.

(7) A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.

(8) Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment.

(9) The child may only be kept away from home—

(a) in accordance with directions specified in the order;

(b) if it is necessary for the purposes of the assessment; and

(c) for such period or periods as may be specified in the order.

(10) Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.

(11) Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to—

(a) the child’s parents;

(b) any person who is not a parent of his but who has parental responsibility for him;

(c) any other person caring for the child;

[F591 (d) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;]

(e) any person who is allowed to have contact with the child by virtue of an order under section 34; and

(f) the child,

before the hearing of the application.

(12) Rules of court may make provision as to the circumstances in which—

(a) any of the persons mentioned in subsection (11); or

(b) such other person as may be specified in the rules,

may apply to the court for a child assessment order to be varied or discharged.

(13) In this section “authorised person” means a person who is an authorised person for the purposes of section 31.

Textual Amendments

F591 S. 43(11)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 34; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I40 S. 43 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

44 Orders for emergency protection of children. E+W

(1) Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—

(a) there is reasonable cause to believe that the child is likely to suffer significant harm if—

(i) he is not removed to accommodation provided by or on behalf of the applicant; or

(ii) he does not remain in the place in which he is then being accommodated;

(b) in the case of an application made by a local authority—

(i) enquiries are being made with respect to the child under section 47(1)(b); and

(ii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or

(c) in the case of an application made by an authorised person—

(i) the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;

(ii) the applicant is making enquiries with respect to the child’s welfare; and

(iii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.

(2) In this section—

(a) “authorised person” means a person who is an authorised person for the purposes of section 31; and

(b) “a person authorised to seek access” means—

(i) in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; or

(ii) in the case of an application by an authorised person, that person.

(3) Any person—

(a) seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and

(b) purporting to be a person authorised to do so,

shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.

(4) While an order under this section (“an emergency protection order”) is in force it—

(a) operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant;

(b) authorises—

(i) the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or

(ii) the prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and

(c) gives the applicant parental responsibility for the child.

(5) Where an emergency protection order is in force with respect to a child, the applicant—

(a) shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;

(b) shall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); and

(c) shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.

(6) Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—

(a) the contact which is, or is not, to be allowed between the child and any named person;

(b) the medical or psychiatric examination or other assessment of the child.

(7) Where any direction is given under subsection (6)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.

(8) A direction under subsection (6)(a) may impose conditions and one under subsection (6)(b) may be to the effect that there is to be—

(a) no such examination or assessment; or

(b) no such examination or assessment unless the court directs otherwise.

(9) A direction under subsection (6) may be—

(a) given when the emergency protection order is made or at any time while it is in force; and

(b) varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.

(10) Where an emergency protection order is in force with respect to a child and—

(a) the applicant has exercised the power given by subsection (4)(b)(i) but it appears to him that it is safe for the child to be returned; or

(b) the applicant has exercised the power given by subsection (4)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question,

he shall return the child or (as the case may be) allow him to be removed.

(11) Where he is required by subsection (10) to return the child the applicant shall—

(a) return him to the care of the person from whose care he was removed; or

(b) if that is not reasonably practicable, return him to the care of—

(i) a parent of his;

(ii) any person who is not a parent of his but who has parental responsibility for him; or

(iii) such other person as the applicant (with the agreement of the court) considers appropriate.

(12) Where the applicant has been required by subsection (10) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.

(13) Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under subsection (6), allow the child reasonable contact with—

(a) his parents;

(b) any person who is not a parent of his but who has parental responsibility for him;

(c) any person with whom he was living immediately before the making of the order;

[F592 (d) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;]

(e) any person who is allowed to have contact with the child by virtue of an order under section 34; and

(f) any person acting on behalf of any of those persons.

(14) Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible.

(15) A person shall be guilty of an offence if he intentionally obstructs any person exercising the power under subsection (4)(b) to remove, or prevent the removal of, a child.

(16) A person guilty of an offence under subsection (15) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F592 S. 44(13)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 35; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I41 S. 44 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F593 44A Power to include exclusion requirement in emergency protection order. E+W

(1) Where—

(a) on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and

(b) the conditions mentioned in subsection (2) are satisfied,

the court may include an exclusion requirement in the emergency protection order.

(2) The conditions are—

(a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then—

(i) in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or

(ii) in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and

(b) that another person living in the dwelling-house (whether a parent of the child or some other person)—

(i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

(ii) consents to the inclusion of the exclusion requirement.

(3) For the purposes of this section an exclusion requirement is any one or more of the following—

(a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,

(b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and

(c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.

(4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.

(5) Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.

(6) Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.

(7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.

(8) Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

(9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.

(10) If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.]

Textual Amendments

F593 Ss. 44A and 44B inserted(1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 3(with Sch. 9 para. 5); S.I. 1997/1892, art. 3

F594 44B Undertakings relating to emergency protection orders. E+W

(1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.

(2) No power of arrest may be attached to any undertaking given under subsection (1).

(3) An undertaking given to a court under subsection (1)—

(a) shall be enforceable as if it were an order of the court, and

(b) shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.

(4) This section has effect without prejudice to the powers of the High Court and [F595 family court] apart from this section.

(5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.

Textual Amendments

F594 Ss. 44A and 44B inserted (1.10.1997) by 1996 c. 27, ss. 52, Sch. 6 para. 3(with Sch 9 para. 5); S.I. 1997/1892, art.3

F595 Words in s. 44B(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 107; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

45 Duration of emergency protection orders and other supplemental provisions. E+W

(1) An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.

(2) Where—

(a) the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but

(b) the last of those eight days is a public holiday (that is to say, Christmas Day, Good Friday, a bank holiday or a Sunday),

the court may specify a period which ends at noon on the first later day which is not such a holiday.

(3) Where an emergency protection order is made on an application under section 46(7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 46.

(4) Any person who—

(a) has parental responsibility for a child as the result of an emergency protection order; and

(b) is entitled to apply for a care order with respect to the child,

may apply to the court for the period during which the emergency protection order is to have effect to be extended.

(5) On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.

(6) An emergency protection order may only be extended once.

(7) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of—

(a) any statement contained in any report made to the court in the course of, or in connection with, the hearing; or

(b) any evidence given during the hearing,

which is, in the opinion of the court, relevant to the application.

(8) Any of the following may apply to the court for an emergency protection order to be discharged—

(a) the child;

(b) a parent of his;

(c) any person who is not a parent of his but who has parental responsibility for him; or

(d) any person with whom he was living immediately before the making of the order.

[F596 (8A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.

(8B) Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).]

(9) F597 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F598 F599 (10) No appeal may be made against—

(a) the making of, or refusal to make, an emergency protection order;

(b) the extension of, or refusal to extend, the period during which such an order is to have effect;

(c) the discharge of, or refusal to discharge, such an order; or

(d) the giving of, or refusal to give, any direction in connection with such an order.]

(11) Subsection (8) does not apply—

(a) where the person who would otherwise be entitled to apply for the emergency protection order to be discharged—

(i) was given notice (in accordance with rules of court) of the hearing at which the order was made; and

(ii) was present at that hearing; or

(b) to any emergency protection order the effective period of which has been extended under subsection (5).

(12) A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or [F600 registered midwife], if he so chooses.

[F598 (13) The reference in subsection (12) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.]

Textual Amendments

F596 S. 45(8A)(8B) inserted (1.10.1997) by 1996 c. 27, s. 52, Sch. 6 para. 4(with Sch. 9 para. 5); S.I. 1997/1892, art. 3

F597 S. 45(9) repealed (6.4.2009) by Children and Young Persons Act 2008 (c. 23), ss. 30, 42, Sch. 4; S.I. 2009/268, art. 3(3)(b); S.I. 2009/728, art. 2(a)(c)

F598 S. 45(13) added (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(a)

F599 S. 45(10) substituted (14.10.1991) by Courts and Legal Services Act (c. 41, SIF 76:1), s. 116, Sch. 16 para. 19; S.I. 1991/1883, art. 3, Sch.

F600 Words in s. 45(12) substituted by S.I. 2002/253, art. 54, Sch. 5 para. 10(a) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)

Commencement Information

I42 S. 45 in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

46 Removal and accommodation of children by police in cases of emergency. E+W

(1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—

(a) remove the child to suitable accommodation and keep him there; or

(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

(2) For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection.

(3) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall—

(a) inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;

(b) give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;

(c) inform the child (if he appears capable of understanding)—

(i) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and

(ii) of the further steps that may be taken with respect to him under this section;

(d) take such steps as are reasonably practicable to discover the wishes and feelings of the child;

(e) secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and

(f) where the child was taken into police protection by being removed to accommodation which is not provided—

(i) by or on behalf of a local authority; or

(ii) as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.

(4) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform—

(a) the child’s parents;

(b) every person who is not a parent of his but who has parental responsibility for him; and

(c) any other person with whom the child was living immediately before being taken into police protection,

of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.

(5) On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.

(6) No child may be kept in police protection for more than 72 hours.

(7) While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child.

(8) An application may be made under subsection (7) whether or not the authority know of it or agree to its being made.

(9) While a child is being kept in police protection—

(a) neither the constable concerned nor the designated officer shall have parental responsibility for him; but

(b) the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).

(10) Where a child has been taken into police protection, the designated officer shall allow—

(a) the child’s parents;

(b) any person who is not a parent of the child but who has parental responsibility for him;

(c) any person with whom the child was living immediately before he was taken into police protection;

[F601 (d) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;]

(e) any person who is allowed to have contact with the child by virtue of an order under section 34; and

(f) any person acting on behalf of any of those persons,

to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.

(11) Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer.

Textual Amendments

F601 S. 46(10)(d) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 36; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I43 S. 46 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

47 Local authority’s duty to investigate. E+W

(1) Where a local authority—

(a) are informed that a child who lives, or is found, in their area—

(i) is the subject of an emergency protection order; or

(ii) is in police protection; F602 . . .

F602 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,

the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. F603 . . . .

(2) Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.

(3) The enquiries shall, in particular, be directed towards establishing—

[F604 (a) whether the authority should—

(i) make any application to court under this Act;

(ii) exercise any of their other powers under this Act;

(iii) exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or

(iv) (where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;

with respect to the child;]

(b) whether, in the case of a child—

(i) with respect to whom an emergency protection order has been made; and

(ii) who is not in accommodation provided by or on behalf of the authority,

it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and

(c) whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).

(4) Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable—

(a) to obtain access to him; or

(b) to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,

unless they are satisfied that they already have sufficient information with respect to him.

(5) Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult [F605 the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).

(5ZA) The local authority referred to in subsection (5) is—

(a) the local authority who —

(i) maintain any school at which the child is a pupil, or

(i) make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 of the Education Act 1996, or

(b) in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.]

[F606 (5A) For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a) ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and

(b) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.]

(6) Where, in the course of enquiries made under this section—

(a) any officer of the local authority concerned; or

(b) any person authorised by the authority to act on their behalf in connection with those enquiries—

(i) is refused access to the child concerned; or

(ii) is denied information as to his whereabouts,

the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.

(7) If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—

(a) consider whether it would be appropriate to review the case at a later date; and

(b) if they decide that it would be, determine the date on which that review is to begin.

(8) Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).

(9) Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so.

(10) Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case.

(11) The persons are—

(a) any local authority;

F607 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any local housing authority;

[F608 (ca) the National Health Service Commissioning Board;]

(d) any [F609 clinical commissioning group,] [F610 [F611 Local Health Board], Special Health Authority] F612 ... [F613 , National Health Service trust or NHS foundation trust]; and

(e) any person authorised by the Secretary of State for the purposes of this section.

(12) Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.

Textual Amendments

F602 S. 47(1)(a)(iii) and preceding word repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13

F603 Words in s. 47(1) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(a), Sch. 8 Pt. 13

F604 S. 47(3)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 100

F605 S. 47(5ZA) and words substituted (5.5.2010) for words in s. 47(5) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(8)(a)

F606 S. 47(5A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(3); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)(d)

F607 S. 47(11)(b) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(8)(b), Sch. 3 Pt. 2

F608 S. 47(11)(ca) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F609 Words in s. 47(11)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(b)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F610 Words in s. 47(11)(d) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(7)(with Sch. 2 para. 6)

F611 Words in s. 47(11)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(2)(f)

F612 Words in s. 47(11)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 53(b)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F613 Words in s. 47(11)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 79; S.I. 2004/759, art. 2

Commencement Information

I44 S. 47 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

48 Powers to assist in discovery of children who may be in need of emergency protection. E+W

(1) Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts—

(a) is not available to the applicant for the order; but

(b) is available to another person,

it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts.

(2) No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse [F614 or civil partner] of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.

(3) An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made.

(4) Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises.

(5) Where—

(a) an order has been made under subsection (4);

(b) the child concerned has been found on the premises; and

(c) the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him,

the order shall have effect as if it were an emergency protection order.

(6) Where an order has been made under subsection (4), the applicant shall notify the court of its effect.

(7) A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4).

(8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Where, on an application made by any person for a warrant under this section, it appears to the court—

(a) that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or

(b) that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist the person mentioned in paragraph (a) or (b) in the exercise of those powers using reasonable force if necessary.

(10) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

(a) that person so desires; and

(b) the court by whom the warrant is issued does not direct otherwise.

(11) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or [F615 registered midwife] if he so chooses.

[F616 (11A) The reference in subsection (11) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.]

(12) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.

(13) Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.

Textual Amendments

F614 Words in s. 48(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 130; S.I. 2005/3175, art. 2(1), Sch. 1

F615 Words in s. 48(11) substituted by S.I. 2002/253, art. 54, Sch. 5 para. 10(b) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)

F616 S. 48(11A) inserted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(b)

Commencement Information

I45 S. 48 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

49 Abduction of children in care etc. E+W

(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—

(a) takes a child to whom this section applies away from the responsible person;

(b) keeps such a child away from the responsible person; or

(c) induces, assists or incites such a child to run away or stay away from the responsible person.

(2) This section applies in relation to a child who is—

(a) in care;

(b) the subject of an emergency protection order; or

(c) in police protection,

and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

Commencement Information

I46 S. 49 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828 art. 3(2))

50 Recovery of abducted children etc. U.K.

(1) Where it appears to the court that there is reason to believe that a child to whom this section applies—

(a) has been unlawfully taken away or is being unlawfully kept away from the responsible person;

(b) has run away or is staying away from the responsible person; or

(c) is missing,

the court may make an order under this section (“a recovery order”).

(2) This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49.

(3) A recovery order—

(a) operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;

(b) authorises the removal of the child by any authorised person;

(c) requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;

(d) authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.

(4) The court may make a recovery order only on the application of—

(a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

(b) where the child is in police protection, the designated officer.

(5) A recovery order shall name the child and—

(a) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or

(b) where the child is in police protection, the designated officer.

(6) Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.

(7) In this section—

• “an authorised person” means—

(a) any person specified by the court;

(b) any constable;

(c) any person who is authorised—

(i) after the recovery order is made; and

(ii) by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,

to exercise any power under a recovery order; and

“the designated officer” means the officer designated for the purposes of section 46.

(8) Where a person is authorised as mentioned in subsection (7)(c)—

(a) the authorisation shall identify the recovery order; and

(b) any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.

(9) A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.

(10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse [F617 or civil partner] of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.

(12) Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.

(13) A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.

(14) In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the M15 Magistrates’ Courts (Northern Ireland) Order 1981.

Extent Information

E2 S. 50 extends to England and Wales and Northern Ireland except s. 50(13) which also extends to Scotland. See s. 108(11)(12)

Textual Amendments

F617 Words in s. 50(11) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 131; S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C37 S. 50 applied (14.10.1991) by S.I. 1991/2032, art. 6(1).

S. 50 applied (14.10.1991) by S.I. 1991/2032, art. 7(1).

Commencement Information

I47 S. 50 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M15 S.I. 1981/1675 (N.I. 26).

51 Refuges for children at risk. E+W

(1) Where it is proposed to use a voluntary home or [F618 private] children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.

(2) Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.

(3) In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.

(4) The Secretary of State may by regulations—

(a) make provision as to the manner in which certificates may be issued;

(b) impose requirements which must be complied with while any certificate is in force; and

(c) provide for the withdrawal of certificates in prescribed circumstances.

(5) Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.

(6) Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.

(7) The provisions are—

(a) section 49;

[F619 (b) articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales;]

(c) section 32(3) of the M16 Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;

(d) section 2 of the M17 Child Abduction Act 1984.

Textual Amendments

F618 Word in s. 51(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(7); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3))

F619 S. 51(7)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 2(3)

Commencement Information

I48 S. 51 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M16 1969 c. 54.

M17 1984 c. 37.

52 Rules and regulations. E+W

(1) Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part.

(2) The rules may, in particular make provision—

(a) as to the form in which any application is to be made or direction is to be given;

(b) prescribing the persons who are to be notified of—

(i) the making, or extension, of an emergency protection order; or

(ii) the making of an application under section 45(4) or (8) or 46(7); and

(c) as to the content of any such notification and the manner in which, and person by whom, it is to be given.

(3) The Secretary of State may by regulations provide that, where—

(a) an emergency protection order has been made with respect to a child;

(b) the applicant for the order was not the local authority within whose area the child is ordinarily resident; and

(c) that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,

that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order.

(4) Regulations made under subsection (3) may, in particular, make provision as to—

(a) the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and

(b) the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.

Commencement Information

I49 S. 52 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part VI E+W Community Homes

53 Provision of community homes by local authorities. E+W

(1) Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available—

(a) for the care and accommodation of children looked after by them; and

(b) for purposes connected with the welfare of children (whether or not looked after by them),

and may do so jointly with one or more other local authorities.

(2) In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation—

(a) of different descriptions; and

(b) which is suitable for different purposes and the requirements of different descriptions of children.

(3) A community home may be a home—

(a) provided, [F620 equipped, maintained and (subject to subsection (3A)) managed] by a local authority; or

(b) provided by a voluntary organisation but in respect of which a local authority and the organisation—

(i) propose that, in accordance with an instrument of management, the [F621 equipment, maintenance and (subject to subsection (3B)) management] of the home shall be the responsibility of the local authority; or

(ii) so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation.

[F622 (3A) A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

(3B) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.]

(4) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.

(5) Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.

(6) Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.

Textual Amendments

F620 Words in s. 53(3)(a) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(i); S.I. 1996/625, art.2

F621 Words in s. 53(3)(b)(i) substituted (8.3.1996) by 1994 c. 33, s. 22(2)(a)(ii); S.I. 1996/625, art. 2

F622 S. 53(3A)(3B) inserted (8.3.1996) by 1994 c. 33, s. 22(2)(b); S.I. 1996/625, art.2

Commencement Information

I50 S. 53 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F623 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F623 S. 54 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

55 Determination of disputes relating to controlled and assisted community homes. E+W

(1) Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and—

(a) the voluntary organisation by which the home is provided; or

(b) any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them,

the dispute may be referred by either party to the Secretary of State for his determination.

(2) Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination.

(3) Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.

(4) This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of—

(a) the local authority specified in the home’s instrument of management; or

(b) (as the case may be) the voluntary organisation by which the home is provided.

(5) Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.

(6) In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating—

(a) the maintenance, management or conduct of the home; or

(b) the constitution of a body of managers or trustees of the home.

Commencement Information

I51 S. 55 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)

56 Discontinuance by voluntary organisation of controlled or assisted community home. E+W

(1) The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the home’s instrument of management not less than two years’ notice in writing of their intention to do so.

(2) A notice under subsection (1) shall specify the date from which the voluntary organisation intend to cease to provide the home as a community home.

(3) Where such a notice is given and is not withdrawn before the date specified in it, the home’s instrument of management shall cease to have effect on that date and the home shall then cease to be a controlled or assisted community home.

(4) Where a notice is given under subsection (1) and the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as its managers until the date specified in the subsection (1) notice, the Secretary of State may by order—

(a) revoke the home’s instrument of management; and

(b) require the local authority who were specified in that instrument to conduct the home until—

(i) the date specified in the subsection (1) notice; or

(ii) such earlier date (if any) as may be specified for the purposes of this paragraph in the order,

as if it were a community home provided by the local authority.

(5) Where the Secretary of State imposes a requirement under subsection (4)(b)—

(a) nothing in the trust deed for the home shall affect the conduct of the home by the local authority;

(b) the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b), be treated as a controlled or assisted community home;

(c) except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and

(d) on the date or earlier date specified as mentioned in subsection (4)(b) the home shall cease to be a community home.

Commencement Information

I52 S. 56 wholly in force at 14.10.1991 see 108(2)(3) and S.I. 1991/828, art. 3(2)

57 Closure by local authority of controlled or assisted community home. E+W

(1) The local authority specified in the instrument of management for a controlled or assisted community home may give—

(a) the Secretary of State; and

(b) the voluntary organisation by which the home is provided,

not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.

(2) A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.

(3) Where—

(a) a notice is given under subsection (1) in respect of a controlled or assisted community home;

(b) the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and

(c) the managers’ notice is not withdrawn,

the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.

(4) Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.

(5) Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on—

(a) the specified date; or

(b) where an earlier date has been specified under subsection (3), that earlier date,

and the home shall then cease to be a community home.

Commencement Information

I53 S. 57 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises. E+W

(1) Where—

(a) the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section F624 . . . , 56(3) or (4)(a) or 57(3) or (5); or

(b) any premises used for the purposes of such a home are (at any time after 13th January 1987) disposed of, or put to use otherwise than for those purposes,

the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section.

(2) Where the instrument of management in force at the relevant time relates—

(a) to a controlled community home; or

(b) to an assisted community home which, at any time before the instrument came into force, was a controlled community home,

the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority.

(3) Where the instrument of management in force at the relevant time relates—

(a) to an assisted community home; or

(b) to a controlled community home which, at any time before the instrument came into force, was an assisted community home,

the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant under section 82, section 65 of the M18 Children and Young Persons Act 1969 or section 82 of the M19 Child Care Act 1980.

(4) Where the home is, at the relevant time, conducted in premises which formerly were used as an approved school or were an approved probation hostel or home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure—

(a) of sums paid towards the expenses of the managers of an approved school under section 104 of the M20 Children and Young Persons Act 1933; F625 . . .

(b) of sums paid under section 51(3)(c) of the M21 Powers of Criminal Courts Act 1973 [F626 or section 20(1)(c) of the Probation Service Act 1993] in relation to expenditure on approved probation hostels or homes. [F627 or

F627 (c) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).]

(5) The appropriate compensation shall be paid—

(a) in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and

(b) in any other case, to the Secretary of State.

(6) In this section—

• “disposal” includes the grant of a tenancy and any other conveyance, assignment, transfer, grant, variation or extinguishment of an interest in or right over land, whether made by instrument or otherwise;

• “premises” means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;

• “the proprietor” means—

(a) the voluntary organisation by which the home is, at the relevant time, provided; or

(b) if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested;

• “the relevant time” means the time immediately before the liability to pay arises under subsection (1); and

• “the responsible authority” means the local authority specified in the instrument of management in question.

(7) For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred—

(a) in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed;

(b) in the case of premises which are put to different use, on the date on which they first begin to be put to their new use.

(8) The amount of any sum payable under this section shall be determined in accordance with such arrangements—

(a) as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the responsible authority or (as the case may be) the Secretary of State; or

(b) in default of agreement, as may be determined by the Secretary of State.

(9) With the agreement of the responsible authority or (as the case may be) the Secretary of State, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises.

(10) This section has effect regardless of—

(a) anything in any trust deed for a controlled or assisted community home;

(b) the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.

Textual Amendments

F624 Word in s. 58(1)(a) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3 and to the amendment of art. 3 by S.I. 2002/1493, art. 6)

F625 Word in s. 58(4)(a) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 93(a), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F626 Words in s. 58(4)(b) inserted (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch. 3 para. 9(2)

F627 S. 58(4)(c) and the preceding word “or" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 93(b); S.I. 2001/919, art. 2(f)(ii)

Commencement Information

I54 S. 58 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M18 1969 c. 54.

M19 1980 c. 5.

M20 1933 c. 12.

M21 1973 c. 62.

Part VII E+W Voluntary Homes and Voluntary Organisations

59 ` Provision of accommodation by voluntary organisations. E+W

(1) Where a voluntary organisation provide accommodation for a child, they shall do so by—

(a) placing him (subject to subsection (2)) with —

(i) a family;

(ii) a relative of his; or

(iii) any other suitable person,

on such terms as to payment by the organisation and otherwise as the organisation may determine [F628 (subject to section 49 of the Children Act 2004)];

[F629 (aa) maintaining him in [F630 a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 ] [F631 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016];]

(f) making such other arrangements (subject to subsection (3)) as seem appropriate to them.

[F632 (1A) Where under subsection (1)(aa) a [F633 voluntary organisation] maintains a child in a home provided, equipped and maintained by [F634 an appropriate national authority] under section 82(5), it shall do so on such terms as [F635 that national authority] may from time to time determine.]

(2) The [F636 appropriate national authority] may make regulations as to the placing of children with foster parents by voluntary organisations F637 ... .

(3) The [F638 appropriate national authority] may make regulations as to the arrangements which may be made under subsection (1)(f) F639 ... .

[F640 (3A) Regulations [F641 made in relation to England] under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.]

[F642 (3B) Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.]

(4) The [F643 appropriate national authority] may make regulations requiring any voluntary organisation who are providing accommodation for a child—

(a) to review his case; and

(b) to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,

in accordance with the provisions of the regulations.

[F644 (5A) Regulations [F645 made in relation to England] under subsection (4) may, in particular—

(a) apply with modifications any provision of section 25A or 25B;

(b) make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.]

[F646 (5B) Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.]

(6) Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

[F647 (7) In this Part “appropriate national authority” means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers.]

Textual Amendments

F628 Words in s. 59(1)(a) inserted (15.1.2005) by Children Act 2004 (c. 34), ss. 49(4), 67(7)(d)

F629 S. 59(1)(aa) substituted for s. 59(1)(b)-(e) (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F630 Words in s. 59(1)(aa) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(2); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F631 Words in s. 59(1)(aa) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 10

F632 S. 59(1A) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(8)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F633 Words in s. 59(1A) substituted (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(3); S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)

F634 Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(a)

F635 Words in s. 59(1A) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(2)(b)

F636 Words in s. 59(2) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(3)

F637 Words in s. 59(2) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(4), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

F638 Words in s. 59(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(4)

F639 Words in s. 59(3) repealed (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(5), Sch. 4; S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

F640 S. 59(3A) inserted (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(6); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

F641 Words in s. 59(3A) 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), 101(a)

F642 S. 59(3B) 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), 101(b)

F643 Words in s. 59(4) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(5)

F644 S. 59(5A) substituted for (15.11.2010 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 2(7); S.I. 2010/2714, art. 2(a); S.I. 2016/452, art. 2(b)

F645 Words in s. 59(5A) 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), 101(c)

F646 S. 59(5B) 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), 101(d)

F647 S. 59(7) added (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 23(6)

Commencement Information

I55 S. 59 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

60 [F648 Voluntary homes.] E+W

F649 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F649 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F650 (3) In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home.]

(4) Schedule 5 shall have effect for the purpose of supplementing the provisions of this Part.

Textual Amendments

F648 S. 60 sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F649 S. 60(1)(2) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F650 S. 60(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(9)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I56 S. 60 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

61 Duties of voluntary organisations. E+W

(1) Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation—

(a) to safeguard and promote his welfare;

(b) to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and

(c) to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

(2) Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child;

(b) his parents;

(c) any person who is not a parent of his but who has parental responsibility for him; and

(d) any other person whose wishes and feelings the organisation consider to be relevant,

regarding the matter to be decided.

(3) In making any such decision the organisation shall give due consideration—

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain;

(b) to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and

(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

Modifications etc. (not altering text)

C38 S. 61: power to apply conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(3)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C39 S. 61(2)(a) applied (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(a)

S. 61(2)(a) applied (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(a)

C40 S. 61(2)(b)-(d)(3)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E) by 2002 c. 38, ss. 53(3)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C41 S. 61(2)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(b)

S. 61(2)(b) excluded (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(b)

C42 S. 61(2)(c) applied (with modifications) (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(c)

S. 61(2)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(c)

Commencement Information

I57 S. 61 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

62 Duties of local authorities. E+W

(1) Every local authority shall satisfy themselves that any voluntary organisation providing accommodation—

(a) within the authority’s area for any child; or

(b) outside that area for any child on behalf of the authority,

are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation.

(2) Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare.

(3) The [F651 appropriate national authority] may make regulations—

(a) requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority—

(i) in prescribed circumstances; and

(ii) on specified occasions or within specified periods; and

(b) imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section.

(4) Subsection (2) does not apply in relation to community homes.

(5) Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall—

(a) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—

(i) a parent of his;

(ii) any person who is not a parent of his but who has parental responsibility for him; or

(iii) a relative of his; and

(b) consider the extent to which (if at all) they should exercise any of their functions with respect to the child.

(6) Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section—

(a) enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2);

(b) inspect any children there;

(c) require any person to furnish him with such records of a kind required to be kept by regulations made under [F652 section 22 of the Care Standards Act 2000] [F653 or section 20 of the Health and Social Care Act 2008] [F654 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)] (in whatever form they are held), or allow him to inspect such records, as he may at any time direct.

(7) Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so.

(8) Any person authorised to exercise the power to inspect records conferred by subsection (6)—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

(9) Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F655 (10) This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the M22 Further and Higher Education Act 1992, [F656 a 16 to 19 Academy] or a school.]

Textual Amendments

F651 Words in s. 62(3) substituted (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 24

F652 Words in s. 62(6)(c) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(10)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F653 Words in s. 62(6)(c) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(2)

F654 Words in s. 62(6)(c) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 3

F655 S. 62(10) inserted (1.4.2002 for E. and 1.2.2003 for W.) by 2000 c. 14, ss. 105(5), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F656 Words in s. 62(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(2); S.I. 2012/924, art. 2

Commencement Information

I58 S. 62 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M22 1992 c. 13.

Part VIII E+W Registered Children’s Homes

63 [F657 Private children’s homes etc.] E+W

F658 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F658 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Schedule 6 shall have effect with respect to [F659 private] children’s homes.

(12) Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children [F660 without being treated—

(a)] [F661 for the purposes of this Act and the Care Standards Act 2000,] as carrying on a children’s home [F662 ; and

(b) for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act].

Textual Amendments

F657 S. 63 sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F658 S. 63(1)-(10) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6 ); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F659 Word in s. 63(11) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F660 Words in s. 63(12) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 11(a)

F661 Words in s. 63(12) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(11)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F662 S. 63(12)(b) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 11(b)

Commencement Information

I59 S. 63 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

64 Welfare of children in children’s homes. E+W

(1) Where a child is accommodated in a [F663 private] children’s home, it shall be the duty of the person carrying on the home to—

(a) safeguard and promote the child’s welfare;

(b) make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and

(c) advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

(2) Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

(a) the child;

(b) his parents;

(c) any other person who is not a parent of his but who has parental responsibility for him; and

(d) any person whose wishes and feelings the person carrying on the home considers to be relevant,

regarding the matter to be decided.

(3) In making any such decision the person concerned shall give due consideration—

(a) having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;

(b) to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and

(c) to the child’s religious persuasion, racial origin and cultural and linguistic background.

(4) Section 62, except subsection (4), shall apply in relation to any person who is carrying on a [F663 private] children’s home as it applies in relation to any voluntary organisation.

Textual Amendments

F663 Word in s. 64(1)(4) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(12); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I60 S. 64 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

65 2 Persons disqualified from carrying on, or being employed in children’s homes. E+W

[F664 (A1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—

(a) P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

(b) P has obtained the appropriate authority's written consent.

(A2) A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—

(a) E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

(b) E has obtained the appropriate authority's written consent.]

(1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home [F665 in Wales] unless he has—

(a) disclosed to [F666 the appropriate authority] the fact that he is so disqualified; and

(b) obtained [F666 its] written consent.

(2) No person shall employ a person who is so disqualified in a children’s home [F667 in Wales] unless he has—

(a) disclosed to [F666 the appropriate authority] the fact that that person is so disqualified; and

(b) obtained [F666 its] written consent.

(3) Where [F668 the appropriate authority refuses to give its consent under this section, it] shall inform the applicant by a written notice which states—

(a) the reason for the refusal;

[F669 (b) the applicant’s right to appeal under section 65A against the refusal to the [F670 First-tier Tribunal]]

(c) the time within which he may do so.

(4) Any person who contravenes subsection [F671 (A1), (A2),] (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5) Where a person contravenes subsection [F672 (A2) or] (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.

[F673 (6) In this section and section 65A “appropriate authority” means—

(a) in relation to England, the [F674 Her Majesty's Chief Inspector of Education, Children's Services and Skills]; and

(b) in relation to Wales, the National Assembly for Wales.]

Textual Amendments

F664 S. 65(A1)(A2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(2), 139(6); S.I. 2015/375, art. 2(d)

F665 Words in s. 65(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(3), 139(6); S.I. 2015/375, art. 2(d)

F666 Words in s. 65(1)(a)(b)(2)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(a); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F667 Words in s. 65(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(4), 139(6); S.I. 2015/375, art. 2(d)

F668 Words in s. 65(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(b); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F669 S. 65(3)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(c); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F670 Words in s. 65(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 72

F671 Words in s. 65(4) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(5), 139(6); S.I. 2015/375, art. 2(d)

F672 Words in s. 65(5) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(6), 139(6); S.I. 2015/375, art. 2(d)

F673 S. 65(6) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(d); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F674 Words in s. 65(6)(a) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 12; S.I. 2007/935, art. 5(gg)

Modifications etc. (not altering text)

C43 S. 65: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Commencement Information

I61 S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F675 65A Appeal against refusal of authority to give consent under section 65. E+W

(1) An appeal against a decision of an appropriate authority under section 65 shall lie to the [F676 First-tier Tribunal] .

(2) On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.]

Textual Amendments

F675 S. 65A inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(14); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provision in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F676 Words in s. 65A(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 73

PART IX E+W PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

66 Privately fostered children. E+W

(1) In this Part—

(a) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation [F677 in their own home] by, someone other than—

(i) a parent of his;

(ii) a person who is not a parent of his but who has parental responsibility for him; or

(iii) a relative of his; and

(b) “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.

(2) A child is not privately fostered child if the person caring for and accommodating him—

(a) has done so for a period a period of less than 28 days; and

(b) does not intend to do so for any longer period.

(3) Subsection (1) is subject to —

(a) the provisions of section 63; and

(b) the exceptions made by paragraph 1 to 5 of Schedule 8.

(4) In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.

[F678 (4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.]

(5) Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.

Textual Amendments

F677 Words in s. 66(1)(a) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(a); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)

F678 S. 66(4A) inserted (1.1.2001 for E. and 28.2.2001 for W.) by 2000 c. 14, s. 116, Sch. 4 para. 14(15)(b); S.I. 2000/2795, art. 2(2)(b), S.I. 2001/139, art. 2(2)(b)

Commencement Information

I62 S. 66 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

67 Welfare of privately fostered children. E+W

(1) It shall be the duty of every local authority to satisfy themselves that the welfare of children who are [F679 or are proposed to be] privately fostered within their area is being [F680 or will be] satisfactorily safeguarded and promoted and to secure that such advice is given to those [F681 concerned with] them as appears to the authority to be needed.

(2) The Secretary of State may make regulations—

(a) requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority—

(i) in prescribed circumstances; and

(ii) on specified occasions or within specified periods; and

(b) imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section.

[F682 (2A) Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.]

(3) Where any person who is authorised by a local authority to visit [F683 for the purpose] has reasonable cause to believe that—

(a) any privately fostered child is being accommodated in premises within the authority’s area; or

(b) it is proposed to accommodate any such child in any such premises,

he may at any reasonable time inspect those premises and any children there.

(4) Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so.

(5) Where a local authority are not satisfied that the welfare of any child who is [F684 or is proposed to be] privately fostered within their area is being [F685 or will be] satisfactorily safeguarded or promoted they shall—

(a) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—

(i) a parent of his;

(ii) any person who is not a parent of his but who has

parental responsibility for him; or

(iii) a relative of his; and

(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

[F686 (6) The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).]

Textual Amendments

F679 Words in s. 67(1) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(a); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F680 Words in s. 67(1) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(b); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F681 Words in s. 67(1) substituted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(2)(c); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F682 S. 67(2A) inserted (1.4.2005 for specified purposes and otherwise 1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(3); S.I. 2005/394, art. 2(2)(d)(3)(a); S.I. 2006/885, art. 2(2)(b)

F683 Words in s. 67(3) substituted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(4); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F684 Words in s. 67(5) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(5)(a); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F685 Words in s. 67(5) inserted (1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(5)(b); S.I. 2005/394, art. 2(3)(a); S.I. 2006/885, art. 2(2)(b)

F686 S. 67(6) inserted (1.4.2005 for specified purposes and otherwise 1.7.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 44(6); S.I. 2005/394, art. 2(2)(d)(3)(a); S.I. 2006/885, art. 2(2)(b)

Modifications etc. (not altering text)

C44 S. 67(2)-(6): power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I63 S. 67 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

68 Persons disqualified from being private foster parents. E+W

(1) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section.

(2) The regulations may, in particular, provide for a person to be so disqualified where—

(a) an order of a kind specified in the regulations has been made at any time with respect to him;

(b) an order of a kind so specified has been made at any time with respect to any child who has been in his care;

(c) a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;

(d) he has been convicted of any offence of a kind so specified, orF687 . . . discharged absolutely or conditionally for any such offence;

(e) a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;

(f) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment.

[F688 (2A) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).]

(3) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if—

(a) he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or

(b) he lives in a household at which any such person is employed.

[F689 (3A) A person shall not foster a child privately if—

(a) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or

(b) he lives in the same household as a person who is barred from such activity.]

(4) Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—

(a) the reason for the refusal;

(b) the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and

(c) the time within which he may do so.

(5) In this section—

• “the appropriate authority” means the local authority within whose area it is proposed to foster the child in question; and

• “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

Textual Amendments

F687 Words in s. 68(2)(d) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 60(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 42(24), 44(4)(j) (subject to transitional provisions and savings in Sch. 2)

F688 S. 68(2A) inserted (4.4.2005) by Criminal Justice Act 2003 (c.44), s. 304, Sch. 32 Pt. 1 para. 60(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to transitional provisions and savings in Sch. 2)

F689 S. 68(3A) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 12 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

Modifications etc. (not altering text)

C45 S. 68: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I64 S. 68 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

69 Power to prohibit private fostering. E+W

(1) This section applies where a person—

(a) proposes to foster a child privately; or

(b) is fostering a child privately.

(2) Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that—

(a) he is not a suitable person to foster a child;

(b) the premises in which the child will be, or is being, accommodated are not suitable; or

(c) it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises,

the authority may impose a prohibition on him under subsection (3).

(3) A prohibition imposed on any person under this subsection may prohibit him from fostering privately—

(a) any child in any premises within the area of the local authority; or

(b) any child in premises specified in the prohibition.

(c) a child identified in the prohibition, in premises specified in the prohibition.

(4) A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition—

(a) of their own motion; or

(b) on an application made by that person,

if they are satisfied that the prohibition is no longer justified.

(5) Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3).

(6) Any prohibition imposed by virtue of subsection (5) shall not have effect unless—

(a) the time specified for compliance with the requirement has expired; and

(b) the requirement has not been compiled with.

(7) A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—

(a) the reason for imposing the prohibition;

(b) his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and

(c) the time within which he may do so.

Modifications etc. (not altering text)

C46 S. 69: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I65 S. 69 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

70 Offences. E+W

(1) A person shall be guilty of an offence if—

(a) being required, under any provision made by or under this Part, to give any notice or information—

(i) he fails without reasonable excuse to give the notice within the time specified in that provision; or

(ii) he fails without reasonable excuse to give the information within a reasonable time; or

(iii) he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular;

(b) he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority;

(c) he intentionally obstructs another in the exercise of the power conferred by section 67(3);

(d) he contravenes section 68;

(e) he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part;

(f) he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part;

(g) he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8.

(2) Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question.

(3) A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) A person guilty of an offence under subsection (1)(d) or (f) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6) A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7) If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.

(8) Subsection (7) is not affected by anything in section 127(1) of the M23 Magistrates’ Courts Act 1980 (time limit for proceedings).

Modifications etc. (not altering text)

C47 S. 70: power to amend conferred (15.1.2005) by Children Act 2004 (c. 31), ss. 45-47

Commencement Information

I66 S. 70 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M23 1980 c. 43.

F690 Part X E+W Child Minding and Day Care for Young Children

Textual Amendments

F690 Pt. X (ss. 71-79) repealed (S.)(1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)

Modifications etc. (not altering text)

C48 Pt. X and Sch. 9: By 2000 c. 14, ss. 79(5), 122 it is provided (2.7.2001 (E.) and 1.4.2002 (W.)) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F691 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F691 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C49 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F692 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F692 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C50 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F693 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F693 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C51 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F694 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F694 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i)

Modifications etc. (not altering text)

C52 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F695 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F695 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C53 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F696 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F696 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C54 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F697 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F697 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C55 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F698 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F698 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C56 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F699 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F699 Pt. X (ss. 71-79) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

Modifications etc. (not altering text)

C57 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F700 F700 [F701 Part XA E+W Child Minding and Day Care for Children in F702 . . . Wales]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F700 Pt. XA repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)

F701 Pt. XA (ss. 79A-79X) inserted by 2000 c. 14, ss. 79(1), 122 (the insertion coming into force at 16.3.2001 for specified purposes for E., at 1.7.2001 for specified purposes for W., at 2.7.2001 for specified purposes for E., at 1.4.2002 for specified purposes for E., at 1.4.2002 otherwise for W., at 2.9.2002 for specified purposes for E., and otherwise prosp.) by: S.I. 2001/1210, art. 2; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/2215, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3))

F702 Pt. XA heading: words repealed (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 5, Sch. 3; S.I. 2008/ 2261, {art. 2} (with art. 3, Sch. 1 and art. 4 Sch. 2)

Modifications etc. (not altering text)

C58 Pt. XA applied (1.9.2003) (E.) by The Day Care (Application to Schools) (England) Regulations 2003 (S.I. 2003/1992), reg. 3 (subject to reg. 4)

Part XI E+W+S Secretary of State’s Supervisory Functions and Responsibilities

[F783 80 Inspection of children’s homes etc. by persons authorised by [F784 the Appropriate National Authority]. E+W

(1) The [F785 Appropriate National Authority] may cause to be inspected from time to time any—

(a) [F786 private] children’s home [F787 in England];

(b) premises in which a child who is being looked after by a local authority is living;

(c) premises in which a child who is being accommodated by or on behalf of a [F788 local authority in the exercise of education functions or a] voluntary organisation is living;

(d) premises in which a child who is being accommodated by or on behalf of a [F789 [F790 Local Health Board ], Special Health Authority ] F791 ... [F792 , National Health Service trust or NHS foundation trust [F793 or pursuant to arrangements made by the [F785 Appropriate National Authority], the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006]] is living;

F794 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F794 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;

(h) premises on which any person is acting as a child minder;

F795 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F796 (j) care home [F797 in England] or independent hospital used to accommodate children;]

(k) premises which are provided by a local authority and in which any service is provided by that authority under Part III;

(l) [F798 school or college] providing accommodation for any child;

(2) An inspection under this section shall be conducted by a person authorised to do so by the [F799 Appropriate National Authority].

(3) An officer of a local authority shall not be so authorised except with the consent of that authority.

(4) The [F800 Appropriate National Authority] may require any person of a kind mentioned in subsection (5) to furnish [F801 it] with such information, or allow [F801 it] to inspect such records (in whatever form they are held), relating to—

(a) any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;

(b) any child who is living in any such premises;

(c) the discharge by the [F800 Appropriate National Authority] of any of [F802 its] functions under this Act; [F803 or]

(d) the discharge by any local authority of any of their functions under this Act,

as the [F800 Appropriate National Authority] may at any time direct.

(5) The persons are any—

(a) local authority;

(b) voluntary organisation;

(c) person carrying on a [F786 private] children’s home [F804 in England];

(d) proprietor of an independent school [F805 or governing body of any other school];

[F806 (da) governing body of an institution designated under section 28 of the M24 Further and Higher Education Act 1992;

(db) further education corporation;]

[F807 (dc) sixth form college corporation;]

[F808 (dd) proprietor of a 16 to 19 Academy;]

(e) person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, F809 . . . [F810 [F790 Local Health Board ] , Special Health Authority ] F811 ...[F812 National Health Service trust ] [F813 , NHS foundation trust ] or voluntary organisation;

[F814 (ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006;]

(f) F815 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by [F816 a local authority ]) at which a child is accommodated on behalf of a local authority F817 . . . ;

F818 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F818 (hh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) person carrying on any home of a kind mentioned in subsection (1)(j).

[F819 (j) person carrying on a fostering agency.]

(6) Any person inspecting any home or other premises under this section may—

(a) inspect the children there; and

(b) make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.

(7) Any person authorised by the [F820 Appropriate National Authority] to exercise the power to inspect records conferred by subsection (4)—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

(8) A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.

(9) Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.

(10) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(11) The [F821 Appropriate National Authority] may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.

[F822 (11A) But subsections (1), (4) and (6) do not apply if—

(a) the Appropriate National Authority is the Welsh Ministers; and

(b) the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).]

(12) Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.

[F823 (13) In this section—

• “ college ” means an institution within the further education sector as defined in section 91 of the M25 Further and Higher Education Act 1992 [F824 or a 16 to 19 Academy ] ;

• “ fostering agency ” has the same meaning as in the Care Standards Act 2000;

• “ further education corporation ” has the same meaning as in the M26 Further and Higher Education Act 1992.

• [F825 “ sixth form college corporation ” has the same meaning as in that Act. ]

• [F826 “ proprietor ” has the same meaning as in the Education Act 1996. ]]

[F827 (14) In this section “Appropriate National Authority” means—

(a) in relation to England, the Secretary of State; and

(b) in relation to Wales, the Welsh Ministers.]]

Textual Amendments

F783 S. 80 repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), 81(2), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F784 Words in s. 80 heading substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(i)

F785 Words in s. 80(1) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(i)

F786 Word in s. 80(1)(a)(5)(c) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(16)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F787 Words in s. 80(1)(a) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(b)

F788 Words in s. 80(1)(c) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(9)(a)

F789 Words in s. 80(1)(d), substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(a)(with Sch. 2 para. 6)

F790 Words in s. 80(1)(d)(5)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3 {Sch. para. 20(2)(g)}

F791 Words in s. 80(1)(d) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F792 Words in s. 80(1)(d) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(a); S.I. 2004/759, art. 2

F793 Words in s. 80(1)(d) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F794 S. 80(1)(e)(f) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 65, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 3(l); S.I. 2005/3112, art. 2(g)

F795 S. 80(1)(i) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(a), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F796 S. 80(1)(j) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(16)(c); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F797 Words in s. 80(1)(j) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(c)

F798 Words in s. 80(1)(l) substituted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(2), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)

F799 Words in s. 80(2) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(ii)

F800 Words in s. 80(4) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(iii)

F801 Word in s. 80(4) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(d)

F802 Word in s. 80(4)(c) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(e)

F803 Word in s. 80(4)(c) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F804 Words in s. 80(5)(c) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(f)

F805 Words in s. 80(5)(d) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F806 S. 80(5)(da)(db) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F807 S. 80(5)(dc) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(a)

F808 S. 80(5)(dd) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(a); S.I. 2012/924, art. 2

F809 Words in s. 80(5)(e) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(i), Sch. 3 Pt. 2

F810 Words in s. 80(5)(e) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(8)(b)(with Sch. 2, para. 6)

F811 Words in s. 80(5)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F812 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(4)(b)

F813 Words in s. 80(5)(e) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 34, Sch. 4 para. 80(b); S.I. 2004/759, art. 2

F814 S. 80(5)(ea) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 54(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F815 S. 80(5)(f) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(ii), Sch. 3 Pt. 2

F816 Words in s. 80(5)(g) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(9)(b)(iii)

F817 Words in s. 80(5)(g) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(9)(b)(iii), Sch. 3 Pt. 2

F818 S. 80(5)(h)(hh) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 6(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F819 S. 80(5)(j) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(3)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F820 Words in s. 80(7) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(iv)

F821 Words in s. 80(11) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(a)(v)

F822 S. 80(11A) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(g)

F823 S. 80(13) inserted (1.4.2002 (E.) otherwise prosp.) by 2000 c. 14, ss. 109(4), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I.(as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F824 Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(b); S.I. 2012/924, art. 2

F825 Words in s. 80(13) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), arts. 1, 2(1), Sch. 1 para. 89(b)

F826 Words in s. 80(13) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(3)(c); S.I. 2012/924, art. 2

F827 S. 80(14) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 4(h)

Commencement Information

I67 S. 80 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)

Marginal Citations

M24 1992 c. 13.

M25 1992 c. 13.

M26 1992 c. 13.

81 Inquiries. E+W

F828 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F828 S. 81 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48(1), 49(2), Sch. 2 para. 12, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

82 Financial support by Secretary of State. E+W

(1) The Secretary of State may (with the consent of the Treasury) defray or contribute towards—

(a) any fees or expenses incurred by any person undergoing approved child care training;

(b) any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or

(c) the cost of maintaining any person undergoing such training.

(2) The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes.

(3) Where—

(a) a grant has been made under subsection (2) with respect to any secure accommodation; but

(b) the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation,

the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part.

(4) The Secretary of State may make grants to voluntary organisations towards—

(a) expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred—

(i) were assisted community homes; or

(ii) were designated as such; or

(b) expenses incurred in respect of the borrowing of money to defray any such expenditure.

(5) The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which—

(a) are or will be provided in those homes; and

(b) in the opinion of the Secretary of State, are unlikely to be readily available in community homes.

(6) In this Part—

• “child care training” means training undergone by any person with a view to, or in the course of—

(a) his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a [F829 care home or independent hospital]; or

(b) his employment by a voluntary organisation for similar purposes;

• “approved child care training” means child care training which is approved by the Secretary of State; and

• “secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.

(7) Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine.

Textual Amendments

F829 Words in s. 82(6) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(18); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

Commencement Information

I68 S. 82 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

83 Research and returns of information. E+W

(1) The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with—

(a) his functions, or the functions of local authorities, under the enactments mentioned in subsection (9);

[F830 (aa) the functions [F831 of— ]

(i) the Child Safeguarding Practice Review Panel;

(ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;

(iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;]

(b) the adoption of children; or

(c) the accommodation of children in a [F832 care home or independent hospital].

(2) Any local authority may conduct, or assist other persons in conducting, research into any matter connected with—

(a) their functions under the enactments mentioned in subsection (9);

F833 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the adoption of children; or

(c) the accommodation of children in a [F832 care home or independent hospital].

(3) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to—

(a) the performance by the local authority of all or any of their functions—

(i) under the enactments mentioned in subsection (9); or

(ii) in connection with the accommodation of children in a [F832 care home or independent hospital]; and

(b) the children in relation to whom the authority have exercised those functions.;F834 ...

F834 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to children accommodated by them or on their behalf.

[F835 (4A) Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.]

(5) The Secretary of State may direct [F836 an officer of the family court] to transmit—

(a) to such person as may be specified in the direction; and

(b) at such times and in such form as he may direct,

such particulars as he may require with respect to proceedings of the court which relate to children.

(6) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5).

(7) The Secretary of State may institute research designed to provide information on which requests for information under this section may be based.

(8) The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by—

(a) the Central Council for Education and Training in Social Work;

(b) such representatives of local authorities as appear to him to be appropriate; or

(c) such other persons or organisations as appear to him to be appropriate,

concerning the provision of such training.

(9) The enactments are—

(a) this Act;

(b) the Children and Young Persons Acts 1933 to 1969;

(c) section 116 of the M27 Mental Health Act 1983 (so far as it relates to children looked after by local authorities);

[F837 (ca) Part 1 of the Adoption and Children Act 2002;

(cb) the Children Act 2004;

(cc) the Children and Young Persons Act 2008.]

(d) F838 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F830 S. 83(1)(aa) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(2), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)

F831 Words in s. 83(1)(aa) substituted (29.6.2018) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(2); S.I. 2018/497, reg. 3(s) (with reg. 11)

F832 Words in s. 83(1)(c)(2)(c)(3)(a)(ii) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(19); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(b) (with art. 3(4)-(10) (subject to transitional provisions in Schs. 1-3)

F833 S. 83(2)(aa) omitted (29.6.2018) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(3); S.I. 2018/497, reg. 3(s) (with reg. 11)

F834 S. 83(3)(c) and word omitted (29.6.2018) by virtue of Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 2 para. 8(4); S.I. 2018/497, reg. 3(s) (with reg. 11)

F835 S. 83(4A) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 54; S.I. 2005/394, art. 2(1)(h); S.I. 2006/885, art. 2(2)(e)

F836 Words in s. 83(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 108; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F837 S. 83(9)(ca)-(cc) inserted (12.2.2009 for E. and 26.4.2010 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 33(5), 44; S.I. 2009/268, art. 3(1)(e); S.I. 2010/1329, art. 2(n)

F838 S. 83(9)(d) repealed (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 16, Sch. 3

Commencement Information

I69 S. 83 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M27 1983 c. 20.

84 Local authority failure to comply with statutory duty: default power of Secretary of State. E+W

(1) If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.

(2) An order under subsection (1) shall give the Secretary of State’s reasons for making it.

(3) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary.

(4) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.

Commencement Information

I70 S. 84 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Part XII U.K. Miscellaneous and General

Notification of children accommodated in certain establishments E+W

85 Children accommodated by health authorities and local education authorities. E+W

(1) Where a child is provided with accommodation [F839 in England] by any F840 [F841 ..., Special Health Authority,]F842 ... [F843 National Health Service trust] [F844 or NHS foundation trust or by a local authority [F845 in England] in the exercise of education functions](“the accommodating authority”)—

(a) for a consecutive period of at least three months; or

(b) with the intention, on the part of that authority, of accommodating him for such a period,

the accommodating authority shall notify [F846 the appropriate officer of] the responsible authority.

(2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify [F847 the appropriate officer of] the responsible authority when they cease to accommodate the child.

[F848 (2ZA) Where a child is provided with accommodation—

(a) by a body which is not mentioned in subsection (1), and

(b) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006,

subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority.]

[F849 (2A) In a case where the child is [F850 provided with accommodation in England by a local authority in England] in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.]

(3) In this section “the responsible authority” means—

(a) the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or

(b) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.

[F851 (3A) In this section and sections 86 and 86A “ the appropriate officer ” means—

(a) in relation to a local authority in England, their director of children's services; and

(b) in relation to a local authority in Wales, their [F852 director of social services].]

(4) Where [F853 the appropriate officer of a] [F854 local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)], [F855 the local authority] shall—

(a) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and

(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

[F856 (5) For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.]

Textual Amendments

F839 Words in s. 85(1) 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), 102(a)(i)

F840 Words in s. 85(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(a)(ii)

F841 Words in s. 85(1) substituted(1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(9)(with Sch. 2 para. 6)

F842 Words in s. 85(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(a); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F843 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 36(5)

F844 Words in s. 85(1) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(a)

F845 Words in s. 85(1) 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), 102(a)(iii)

F846 Words in s. 85(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F847 Words in s. 85(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(2), 44; S.I. 2010/2981, art. 2(a)

F848 S. 85(2ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 55(b); S.I. 2013/160, art. 2(2) (with arts. 7-10 Sch. Sch. para. 14)

F849 S. 85(2A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(10)(b)

F850 Words in s. 85(2A) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(b)

F851 S. 85(3A) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(3), 44; S.I. 2010/2981, art. 2(a)

F852 Words in s. 85(3A)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(c)

F853 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(a), 44; S.I. 2010/2981, art. 2(a)

F854 Words in s. 85(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 102(d)

F855 Words in s. 85(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(4)(b), 44; S.I. 2010/2981, art. 2(a)

F856 S. 85(5) added (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(5), 44; S.I. 2010/2981, art. 2(a)

Commencement Information

I71 S. 85 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

86 [F857 Children accommodated in care homes or independent hospitals.] E+W

(1) Where a child is provided with accommodation [F858 in England] in any [F859 care home or independent hospital]—

(a) for a consecutive period of at least three months; or

(b) with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,

the person carrying on [F860 the establishment in question] shall notify [F861 the appropriate officer of] the local authority within whose area [F862 the establishment] is carried on.

(2) Where subsection (1) applies with respect to a child, the person carrying on [F863 the establishment] shall also notify [F864 the appropriate officer of] that authority when he ceases to accommodate the child in [F863 the establishment] .

(3) Where [F865 the appropriate officer of a local authority has] been notified under this section, [F866 the local authority] shall—

(a) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in [F867 the establishment in question] ; and

(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.

(4) If the person carrying on any [F868 care home or independent hospital] fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.

(5) A person authorised by a local authority [F869 in England] may enter any [F859 care home or independent hospital] within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.

(6) Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.

(7) Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.

(8) Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Textual Amendments

F857 S. 86: sidenote substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(a); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F858 Words in s. 86(1) 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), 103(a)

F859 Words in s. 86(1)(5) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(20)(b); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F860 Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(a), 44; S.I. 2010/2981, {art. (2(a)}

F861 Words in s. 86(1) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(b), 44; S.I. 2010/2981, {art. (2(a)}

F862 Words in s. 86(1) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(7)(c), 44; S.I. 2010/2981, {art. (2(a)}

F863 Words in s. 86(2) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(a), 44; S.I. 2010/2981, {art. (2(a)}

F864 Words in s. 86(2) inserted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(8)(b), 44; S.I. 2010/2981, {art. (2(a)}

F865 Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(a), 44; S.I. 2010/2981, {art. (2(a)}

F866 Words in s. 86(3) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(b), 44; S.I. 2010/2981, {art. (2(a)}

F867 Words in s. 86(3)(a) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(9)(c), 44; S.I. 2010/2981, {art. (2(a)}

F868 Words in s. 86(4) substituted (1.4.2011) by Children and Young Persons Act 2008 (c. 23), ss. 17(10), 44; S.I. 2010/2981, {art. (2(a)}

F869 Words in s. 86(5) 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), 103(b)

Commencement Information

I72 S. 86 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F870 86A Visitors for children notified to local authority F871 ... E+W

(1) This section applies if the appropriate officer of a local authority [F872 in England]—

(a) has been notified with respect to a child under section 85(1) or 86(1) [F873 “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014]; and

(b) has not been notified with respect to that child under section 85(2) [F874 , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be].

(2) The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).

(3) It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).

(4) Regulations under this section may make provision about—

(a) the frequency of visits under visiting arrangements;

(b) circumstances in which visiting arrangements must require a child to be visited; and

(c) additional functions of a representative.

(5) Regulations under this section are to be made by the Secretary of State F875 ....

(6) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.

(7) In this section “ visiting arrangements ” means arrangements made under subsection (2). ]

Textual Amendments

F870 S. 86A inserted (1.1.2010 for certain purposes and 1.4.2011 otherwise) by Children and Young Persons Act 2008 (c. 23), ss. 18, 44; S.I. 2009/3354, art. 2; S.I. 2010/2981, art. 2(b)

F871 Words in s. 86A heading omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(e)

F872 Words in s. 86A(1) 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), 104(a)

F873 Words in s. 86A(1)(a) 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), 104(b)

F874 Words in s. 86A(1)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(c)

F875 Words in s. 86A(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 104(d)

87 [F876 Welfare of children in boarding schools and colleges.] E+W

[F877 (1) Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.

[F878 (1A) For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—

(a) it provides accommodation for the child on its own premises, or

(b) it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).]

(2) Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.

(3) Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while [F879 accommodation for the child is provided] by the school or college.

[F880 (3A) Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).

(3B) Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).]

(4) Where [F881 the Chief Inspector for England is] of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or [F882 college in England, he shall]—

(a) in the case of a school other than an independent school [F883 , an alternative provision Academy that is not an independent school] or a special school, notify the [F884 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F884 local authority], notify that authority;

(c) in any other case, notify the Secretary of State.

(4A) Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college [F885 in Wales], they shall—

(a) in the case of a school other than an independent school or a special school, notify the [F884 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F884 local authority], notify that authority.

(5) Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge [F886 any of its functions] under this section, enter at any time premises which are, or are to be, premises of the school or college.]

(6) Any person [F887 exercising] the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.

(7) Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.

(8) Any person authorised by the regulations to inspect records—

(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

(9) Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F888 (9A) Where [F889 the Chief Inspector for England] or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, [F890 that authority must] publish a report on whether the child’s welfare is adequately safeguarded and promoted while [F891 accommodation for the child is provided] by the school or college.

(9B) Where [F892 the Chief Inspector for England] or the National Assembly for Wales publishes a report under this section, it must—

(a) send a copy of the report to the school or college concerned; and

(b) make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as [F893 the Chief Inspector for England] or the National Assembly for Wales (as the case may be) considers appropriate.]

[F894 (10) In this section and sections 87A to 87D—

• “ the 1992 Act ” means the M28 Further and Higher Education Act 1992;

• “ appropriate authority ” means—

  (a)

  in relation to England, [F895 the Chief Inspector for England];

  (b)

  in relation to Wales, the National Assembly for Wales;

• [F896 “ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;]

• “ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act [F897 or a 16 to 19 Academy ] ;

• F898 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “ further education corporation ” has the same meaning as in the 1992 Act;

• [F884 local authority] and “proprietor” have the same meanings as in the M29 Education Act 1996

• [F899 “sixth form college corporation” has the same meaning as in the 1992 Act.]

(11) In this section and sections 87A and 87D “ relevant person ” means—

(a) in relation to an independent school [F900 or an alternative provision Academy that is not an independent school], the proprietor of the school;

(b) in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;

(c) in relation to an institution conducted by a further education corporation [F901 or sixth form college corporation], the corporation.

[F902 (d) in relation to a 16 to 19 Academy, the proprietor of the Academy.]

(12) Where a person other than the proprietor of an independent school [F903 or an alternative provision Academy that is not an independent school] is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.]

Textual Amendments

F876 S. 87: sidenote substituted (1.4.2002 for E.) by 2000 c. 14, s. 116, Sch. 4 para. 14(21); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6)

F877 S. 87(1)-(5) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(2), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F878 S. 87(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(a), 82(3); S.I. 2012/84, art. 3

F879 Words in s. 87(3) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(b), 82(3); S.I. 2012/84, art. 3

F880 S. 87(3A)(3B) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(c), 82(3); S.I. 2012/84, art. 3

F881 Words in s, 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(a); S.I. 2007/935, art. 5(gg)

F882 Words in s. 87(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(2)(b); S.I. 2007/935, art. 5(gg)

F883 Words in s. 87(4)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(a) (with art. 3)

F884 Words in s. 87(4)(4A)(10) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(11)

F885 Words in s. 87(4A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(3); S.I. 2007/935, art. 5(gg)

F886 Words in s. 87(5) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(d), 82(3); S.I. 2012/84, art. 3

F887 Words in s. 87(6) substituted (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(3), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F888 S. 87(9A)-(9C) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 111; S.I. 2004/759, art. 7; S.I. 2004/873, art. 2(e)

F889 Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F890 Words in s. 87(9A) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F891 Words in s. 87(9A) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(2)(e), 82(3); S.I. 2012/84, art. 3

F892 Words in s. 87(9B) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F893 Words in s. 87(9C) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(4); S.I. 2007/935, art. 5(gg)

F894 S. 87(10)(11)(12) substituted for s. 87(10) (20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force and 1.2.2003 (W.)) by 2000 c. 14, ss. 105(4), 122; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F895 Words in s. 87(10) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(a); S.I. 2007/935, art. 5(gg)

F896 S. 87(10): definition of "the Chief Inspector for England" inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 16(5)(b); S.I. 2007/935, art. 5(gg)

F897 Words in s. 87(10) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(a); S.I. 2012/924, art. 2

F898 S. 87(10): definition of "the Commission" repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 184, 188, Sch. 14 para. 16(5)(c), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F899 Words in s. 87(10) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(a)}

F900 Words in s. 87(11)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(b) (with art. 3)

F901 Words in s. 87(11)(c) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 2(1) {Sch. 1 para. 90(b)}

F902 S. 87(11)(d) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 6(4)(b); S.I. 2012/924, art. 2

F903 Words in s. 87(12) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 2(c) (with art. 3)

Modifications etc. (not altering text)

C60 S. 87: transfer of functions (1.4.2004 for E.) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 110; S.I. 2004/759, art. 4(2)(a)

S. 87: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Commencement Information

I73 S. 87 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M28 1992 c. 13.

M29 1996 c. 56.

[F904 87A Suspension of duty under section 87(3). E+W

(1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if—

(a) that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and

(b) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while [F905 accommodation for the children is provided] by them.

(2) Where—

(a) the relevant person enters into an agreement in writing with a person appointed under subsection (1),

(b) the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and

(c) the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,

the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.

(3) Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—

(a) a notice under subsection (4) relating to the inspector, or

(b) a notice under subsection (5) relating to the relevant agreement.

(4) The Secretary of State shall terminate a person’s appointment under subsection (1) if—

(a) that person so requests, or

(b) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,

and shall give notice of the termination of that person’s appointment to the appropriate authority.

[F906 (4A) The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).]

(5) Where—

(a) the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and

(b) the relevant agreement ceases to have effect,

the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.

(6) In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.]

Textual Amendments

F904 S. 87A substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(1), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F905 Words in s. 87A(1)(b) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(a), 82(3); S.I. 2012/84, art. 3

F906 S. 87A(4A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(3)(b), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C61 S. 87A: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

F907 [ 87B Duties of inspectors under section 87A. E+W

(1) The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.

(2) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school [F908 or college]] to which the agreement relates, the inspector shall give notice of that fact

[F909 (a) in the case of a school other than an independent school [F910 , an alternative provision Academy that is not an independent school] or a special school, to the [F911 local authority] for the area in which the school is situated;

(b) in the case of a special school which is maintained by a [F911 local authority], to that authority;

(c) in any other case, to the Secretary of State].

(3) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school [F912 or college] to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—

(a) give notice of that fact to the local authority in whose area the school [F912 or college] is situated, and

(b) where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school [F912 or college].

[F913 (4) In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.]

Textual Amendments

F907 Ss. 87A, 87B inserted (1.1.1996) by 1995 c. 40, s. 38: S.I. 1995/2835, art. 2

F908 Words in s. 87B(2) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F909 S. 87B(2)(a)(b)(c) substituted for the words "to the Secretary of State" in s. 87B(2) (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(b), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F910 Words in s. 87B(2)(a) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 3 (with art. 3)

F911 Words in s. 87B(2) substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(12)

F912 Words in s. 87B(2)(3)(a)(b) inserted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(a), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

F913 S. 87B(4) substituted (1.4.2002 (E.) and 1.2.2003 (W.)) by 2000 c. 14, ss. 106(2)(c), 122; S.I. 2001/3852, art. 3(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2)); S.I. 2003/152, art. 2(2)

Modifications etc. (not altering text)

C62 S. 87B: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F914 87BA Quality assurance of inspectors under section 87A E+W

(1) The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England.

(2) In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.

(3) The Secretary of State may in particular give directions about—

(a) matters to be taken into account in preparing a report, and

(b) the form and contents of a report.]

Textual Amendments

F914 S. 87BA inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(4), 82(3); S.I. 2012/84, art. 3

[F915 87C Boarding schools: national minimum standards. E+W

(1) The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided [F916 by] a school or college.

(2) The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.

(3) Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.

(4) The standards shall be taken into account—

(a) in the making by the appropriate authority of any determination under section 87(4) or (4A);

(b) in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and

(c) in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).]

Textual Amendments

F915 S. 87C inserted (1.7.2001 (W.) and 20.11.2001 (E.) for specified purposes and 1.4.2002 (E.) in so far as not already in force) by 2000 c. 14, s. 107; S.I. 2001/2190, art. 2, Sch.; S.I. 2001/3852, art. 3(3)(d)(ii)(7)(h)(subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

F916 Word in s. 87C(1) substituted (1.2.2012) by Education Act 2011 (c. 21), ss. 43(5), 82(3); S.I. 2012/84, art. 3

Modifications etc. (not altering text)

C63 S. 87C: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

[F917 87D Annual fee for boarding school inspections. E+W

(1) Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).

(2) The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.

(3) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.]

Textual Amendments

F917 S. 87D inserted (1.7.2001 (W.) and 20.11.2001 for specified purposes otherwise 1.4.2002 (E.)) by 2000 c. 14, s. 108; S.I. 2001/2090, art. 2(1), Sch.; S.I. 2001/3852, art. 3(3)(a)(iii)(7)(h) (subject to transitional provision in Sch. 1 of the commencing S.I. (as amended by S.I. 2001/4150, art. 5; S.I. 2002/1493, art. 5; S.I. 2002/1790, art. 2; S.I. 2002/2001, arts. 2, 3; S.I. 2002/3210, art. 2 (with art. 4); S.I. 2005/3397, art. 2))

Modifications etc. (not altering text)

C64 S. 87D: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Adoption E+W+S

88 Amendments of adoption legislation. E+W+S

F918 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F919 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F918 S. 88(1) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 67, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

F919 S. 88(2) repealed (E.W.) (15.7.2011) by The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/1740), art. 1(2), Sch. 2 Pt. 3 (repealed (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), ss. 120(2), 121(2), Sch. 3; S.S.I. 2009/267, art. 2)

Commencement Information

I74 S. 88(1) in force at 1.5.1991 so far as it relates to Sch. 10 para. 21; s. 88 wholly in force 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3

Paternity tests E+W

F920 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F920 S. 89 repealed (1.4.2001) by 2000 c. 19, s. 85, Sch. 9 Pt. IX (with s. 83(6)); S.I. 2001/774, art. 2(d)

Criminal care and supervision orders E+W

90 Care and supervision orders in criminal proceedings. E+W

(1) The power of a court to make an order under subsection (2) of section 1 of the M30 Children and Young Persons Act 1969 (care proceedings in [F921 youth courts]) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished.

(2) The powers of the court to make care orders—

(a) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and

(b) under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act,

are hereby abolished.

(3) The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.

Textual Amendments

F921 Words in s. 90(1) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40 (2)(r); S.I. 1992/333, art. 2(2), Sch.2.

Commencement Information

I75 S. 90 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M30 1969 c. 54.

Effect and duration of orders etc. E+W

91 Effect and duration of orders etc. E+W

(1) The making of a [F922 child arrangements order with respect to the living arrangements of ] a child who is the subject of a care order discharges the care order.

[F923 (1A) For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a) with whom the child is to live, and

(b) when the child is to live with any person.]

(2) The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.

[F924 (2A) Where [F925 an] activity direction has been made [F926 with respect to] a child, the making of a care order with respect to the child discharges the direction.]

(3) The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.

(4) The making of a care order with respect to a child who is a ward of court brings that wardship to an end.

(5) The making of a care order with respect to a child who is the subject of a school attendance order made under [F927 section 437 of the Education Act 1996] discharges the school attendance order.

[F928 (5A) The making of a special guardianship order with respect to a child who is the subject of—

(a) a care order; or

(b) an order under section 34,

discharges that order.]

(6) Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.

(7) Any order made under section 4(1) [F929 4ZA(1),][F930 4A(1)] or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(8) Any—

(a) agreement under section 4 [F931 , 4ZA] [F932 or 4A]; or

(b) appointment under section 5(3) or (4),

shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(9) An order under Schedule 1 has effect as specified in that Schedule.

(10) A section 8 order F933 ... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6)F934 . . . .

[F935 (10A) Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—

(a) with whom a child is to live, or

(b) when a child is to live with any person.]

(11) Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.

(12) Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(13) Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.

(14) On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.

(15) Where an application (“the previous application”) has been made for—

(a) the discharge of a care order;

(b) the discharge of a supervision order;

(c) the discharge of an education supervision order;

(d) the substitution of a supervision order for a care order; or

(e) a child assessment order,

no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.

(16) Subsection (15) does not apply to applications made in relation to interim orders.

(17) Where—

(a) a person has made an application for an order under section 34;

(b) the application has been refused; and

(c) a period of less than six months has elapsed since the refusal,

that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.

Textual Amendments

F922 Words in s. 91(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F923 S. 91(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F924 S. 91(2A) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 9; S.I. 2008/2870, art. 2(2)(e)

F925 Word in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F926 Words in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F927 Words in s. 91(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 90 (with Sch. 39, paras. 30, 39)

F928 S. 91(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F929 Words in s. 91(7) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(a); S.I. 2009/479, art. 6(1)(e)

F930 Words in s. 91(7) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F931 Words in s. 91(8)(a) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(b); S.I. 2009/479, art. 6(1)(e)

F932 Words in s. 91(8) inserted (30.12.2005) by 2002 c. 38, ss 139, 148, Sch. 3 para. 68(c) (with Sch. 4 paras. 6-8): S.I. 2005/2213, art. 2(o)

F933 Words in s. 91(10) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(5); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F934 Words in s. 91(10) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(3)(b), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)

F935 S. 91(10A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(6); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

Commencement Information

I76 S. 91 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Jurisdiction and procedure etc. E+W+N.I.

92 Jurisdiction of courts. E+W

F936 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F936 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F936 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F936 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F936 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F937 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) For the purposes of this Act “the court” [F938 the High Court or the family court ].

(8) Subsection (7) is subject to F939 ... any express provision as to the jurisdiction of any court made by any other provision of this Act.

F940 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F940 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F940 (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) Part II of Schedule 11 makes amendments consequential on this section.

Textual Amendments

F936 S. 92(1)-(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F937 S. 92(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F938 Words in s. 92(7) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(4); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F939 Words in s. 92(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(5); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F940 S. 92(9)-(10A) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 109(6); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C65 S. 92(7)–(10) applied by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(9), 39(3), 43(2)

Commencement Information

I77 S. 92 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

93 Rules of court. E+W

(1) An authority having power to make rules of court may make such provision for giving effect to—

(a) this Act;

(b) the provisions of any statutory instrument made under this Act; or

(c) any amendment made by this Act in any other enactment,

as appears to that authority to be necessary or expedient.

(2) The rules may, in particular, make provision—

(a) with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);

(b) as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;

[F941 (bb) for children to be separately represented in relevant proceedings,]

(c) with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;

F942 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) with respect to preliminary hearings;

F943 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F943 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings;

F944 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F944 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2)—

• “notice of proceedings” means a summons or such other notice of proceedings as is required; and “given”, in relation to a summons, means “served”;

• “prescribed” means prescribed by the rules; and

• “relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.

(4) This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.

(5) When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.

Textual Amendments

F941 S. 93(2)(bb) inserted (7.12.2004) by 2002 c. 38, ss. 122(2), 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(1)(l)

F942 S. 93(2)(d) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F943 S. 93(2)(f)(g) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F944 S. 93(2)(i)(j) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 110; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C66 S. 93 applied by 2014 anaw 4, s. 125B(2) (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)

Commencement Information

I78 S. 93 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F945 94 Appeals. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F945 S. 94 repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 111; S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

95 Attendance of child at hearing under Part IV or V. E+W

(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order.

(2) The power conferred by subsection (1) shall be exercised in accordance with rules of court.

(3) Subsections (4) to (6) apply where—

(a) an order under subsection (1) has not been complied with; or

(b) the court has reasonable cause to believe that it will not be complied with.

(4) The court may make an order authorising a constable, or such person as may be specified in the order—

(a) to take charge of the child and to bring him to the court; and

(b) to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises.

(5) The court may order any person who is in a position to do so to bring the child to the court.

(6) Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court.

Commencement Information

I79 S. 95 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

96 Evidence given by, or with respect to, children. E+W

(1) Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath.

(2) The child’s evidence may be heard by the court if, in its opinion—

(a) he understands that it is his duty to speak the truth; and

(b) he has sufficient understanding to justify his evidence being heard.

(3) The Lord Chancellor may [F946 , with the concurrence of the Lord Chief Justice,] by order make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay.

(4) An order under subsection (3) may only be made with respect to—

(a) civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and

(b) evidence in connection with the upbringing, maintenance or welfare of a child.

(5) An order under subsection (3)—

(a) may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording;

(b) may make different provision for different purposes and in relation to different descriptions of court; and

(c) may make such amendments and repeals in any enactment relating to evidence (other than in this Act) as the Lord Chancellor considers necessary or expedient in consequence of the provision made by the order.

(6) Subsection (5)(b) is without prejudice to section 104(4).

(7) In this section—

• [F947 “ civil proceedings ” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “ the court ” shall be construed accordingly; ]

• “prescribed” means prescribed by an order under subsection (3).

Textual Amendments

F946 Words in s. 96(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 207; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F947 Definition in s. 96(7) substituted (31.1.1997) by 1995 c. 38, s. 15(1), Sch. 1 para.16(with ss. 1(3), 6(4)(5), 14); S.I. 1996/3217, art.2

Commencement Information

I80 S. 96 wholly in force at 14.10.1991; s. 96(3)-(7) in force at 16.11.1989 see s. 108(2); s. 96(1)(2) in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

97 Privacy for children involved in certain proceedings. E+W

F948 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) No person shall publish [F949 to the public at large or any section of the public] any material which is intended, or likely, to identify—

(a) any child as being involved in any proceedings before [F950 the High Court][F951 or the family court] in which any power under this Act [F952 or the Adoption and Children Act 2002] may be exercised by the court with respect to that or any other child; or

(b) an address or school as being that of a child involved in any such proceedings.

(3) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.

(4) The court or the [F953 Lord Chancellor] may, if satisfied that the welfare of the child requires it [F954 and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees] , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.

(5) For the purposes of this section—

• “publish” includes—

  (a)

  [F955 include in a programme service (within the meaning of the Broadcasting Act 1990);]

  (b)

  cause to be published; and

• “material” includes any picture or representation.

(6) Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

[F956 (6A) It is not a contravention of this section to—

(a) enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or

(b) permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.]

F957 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F957 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F958 (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).]

Textual Amendments

F948 S. 97(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F949 Words in s. 97(2) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(1); S.I. 2005/847, art. 2

F950 Words in s. 97(2) inserted (27.9.1999) by 1999 c. 22, ss. 72, 108(3) (with s. 107, Sch. 14 para. 7(2))

F951 Words in s. 97(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F952 Words in s. 97(1)(2) inserted (30.12.2005) by 2002 c. 38, ss. 101(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(h)

F953 Words in s. 97(4) substituted (1.4.1992) by S.I. 1992/709, art. 3(2), Sch. 2 (with art. 5(2)).

F954 Words in s. 97(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

F955 Words in s. 97(5) substituted by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 53

F956 S. 97(6A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 7(7), 139(6); S.I. 2014/889, art. 5(b)

F957 S. 97(7)(8) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 75(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F958 S. 97(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 208(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(r)

Modifications etc. (not altering text)

C67 S. 97 applied by 2014 anaw 4, s. 125C (as inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 308)

C68 S. 97(2) excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(1), Sch. 14 Pt. IV para. 18 (with s. 107, Sch. 14 para. 7(2))

C69 S. 97(4): functions of the Secretary of State transferred to the Lord Chancellor (1.4.1992) by S.I. 1992/709, art. 3(1), Sch. 2 (with art. 5(2)).

Commencement Information

I81 S. 97 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

98 Self-incrimination. E+W

(1) In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from—

(a) giving evidence on any matter; or

(b) answering any question put to him in the course of his giving evidence,

on the ground that doing so might incriminate him or his spouse [F959 or civil partner] of an offence.

(2) A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse [F959 or civil partner] in proceedings for an offence other than perjury.

Textual Amendments

F959 Words in s. 98(1)(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 261(1), Sch. 27 para. 132; S.I. 2005/3175, art. 2(2) (subject to arts. 2(3)-(5))

Commencement Information

I82 S. 98 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

F960 99 . E+W

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F960 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F960 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F960 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F960 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F960 S. 99(1)(2)(4)(5) repealed (1.4.2000) and s. 99(3) repealed (2.4.2001) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. I (with 107, Sch. 14 para. 7(2), 36(9)); S.I. 2000/774, art. 2(c)(i), Sch. (with art. 5); S.I. 2001/916, art. 3(b) (with transitional provisions and savings in Schs. 1, 2)

100 Restrictions on use of wardship jurisdiction. E+W

(1) Section 7 of the M31 Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect.

(2) No court shall exercise the High Court’s inherent jurisdiction with respect to children—

(a) so as to require a child to be placed in the care, or put under the supervision, of a local authority;

(b) so as to require a child to be accommodated by or on behalf of a local authority;

(c) so as to make a child who is the subject of a care order a ward of court; or

(d) for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(3) No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court.

(4) The court may only grant leave if it is satisfied that—

(a) the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and

(b) there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm.

(5) This subsection applies to any order—

(a) made otherwise than in the exercise of the court’s inherent jurisdiction; and

(b) which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted).

Commencement Information

I83 S. 100 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M31 1969 c. 46.

101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man. E+W+N.I.

(1) The Secretary of State may make regulations providing—

(a) for prescribed orders which—

(i) are made by a court in Northern Ireland; and

(ii) appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act,

to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act;

(b) for prescribed orders which—

(i) are made by a court in England and Wales; and

(ii) appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland,

to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland.

(2) Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied.

(3) The Secretary of State may make regulations providing for prescribed orders which—

(a) are made by a court in the Isle of Man or in any of the Channel Islands; and

(b) appear to the Secretary of State to correspond in their effect to orders which may be made under this Act,

to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act.

(4) Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied.

(5) Any regulations made under this section may—

(a) make such consequential amendments (including repeals) in—

(i) section 25 of the M32 Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or

(ii) section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act,

as the Secretary of State considers necessary or expedient; and

(b) modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales.

Extent Information

E3 S. 101 extends to England and Wales only except for s. 101(1)(b)(2)(5)(a)(i) which also extend to Northern Ireland. See s. 108(11)(12)

Commencement Information

I84 S. 101 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M32 1969 c. 54.

Search warrants E+W

102 Power of constable to assist in exercise of certain powers to search for children or inspect premises. E+W

(1) Where, on an application made by any person for a warrant under this section, it appears to the court—

(a) that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or

(b) that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.

(2) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

(a) that person so desires; and

(b) the court by whom the warrant is issued does not direct otherwise.

(3) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or [F961 registered midwife] if he so chooses.

[F962 (3A) The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.]

(4) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.

(5) Where—

(a) an application for a warrant under this section relates to a particular child; and

(b) it is reasonably practicable to do so,

the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.

(6) The enactments are—

(a) sections 62, 64, 67, [F963 76,][F964 79U,] 80, 86 and 87;

(b) paragraph 8(1)(b) and (2)(b) of Schedule 3;

(c) F965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F961 Words in s. 102(3) substituted (12.2.2002) by S.I. 2002/253, arts. 1, 54, Sch. 5 para. 10(c) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)

F962 S. 102(3A) inserted (1.8.2004) by The Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 (S.I. 2004/1771), art. 3, Sch. para. 4(c)

F963 Words in s. 102(6)(a) repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F964 Words in s. 102(6)(a) inserted (1.4.2002 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(22); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10)) (subject to transitional provisions in Schs. 1-3)

F965 S. 102(6)(c) repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 69, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o); S.I. 2005/2897, art. 2(b)

Commencement Information

I85 S. 102 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

General U.K.

103 Offences by bodies corporate. E+W

(1) This section applies where any offence under this Act is committed by a body corporate.

(2) If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Commencement Information

I86 s. 103 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

104 Regulations and orders. E+W+S

(1) Any power of the Lord Chancellor [F966 , the Treasury] [F967 , the Secretary of State or the National Assembly for Wales] under this Act to make an order, regulations, or rules, except an order under section [F968 54(2)], 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.

(2) Any such statutory instrument, except one made under section [F969 4(1B), [F970 4ZA(3),]] 17(4), 107 or 108(2) [F971 or one containing regulations which fall within subsection [F972 (3AA),] [F973 (3AB),] (3B) [F974 , (3BA)] or (3C)], shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F975 (2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.]

[F976 (3) An order under section [F977 4(1B) [F978 , 4ZA(3)]] F979 . . . shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(3A) An order under section 4(1B) [F980 , 4ZA(3)] or 17(4) or regulations which fall within subsection [F981 (3AA),] [F973 (3AB),] (3B) [F982 , (3BA)] [F983 , (3BB)] or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

[F984 (3AA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).]

[F985 (3AB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).]

(3B) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b).

[F986 (3BA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9).]

[F987 (3BB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.]

(3C) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.]

(4) Any statutory instrument made under this Act may—

(a) make different provision for different cases;

(b) provide for exemptions from any of its provisions; and

(c) contain F988 . . . incidental, supplemental and transitional provisions F988 . . . .

Textual Amendments

F966 Words in s. 104 inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 19; S.I. 2003/962, art. 2(3)(d)(iii) (subject to savings and transitional provisions in arts. 3, 4)

F967 Words in s. 104(1) substituted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 10(a); S.I. 2008/2870, art. 2(2)(e)

F968 Words in s. 104(1) repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F969 Word in s. 104(2) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F970 Words in s. 104(2) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 30(a); S.I. 2009/479, art. 6(1)(e)

F971 Words in s. 104(2) inserted (E.W.) (13.11.2008) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(2)

F972 Word in s. 104(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(a), 139(6); S.I. 2015/375, art. 2(c)

F973 Word in s. 104(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(2)(a), 139(6); S.I. 2015/375, art. 2(c)

F974 Words in s. 104(2) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F975 S. 104(2A) inserted (8.12.2008 for S.) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 10(b) and omitted (E.W.) (13.11.2008) by Children and young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(3) and repealed (E.W.) (1.4.2011 for E., otherwise prosp.) by s. 42, {Sch. 4} of the same Act; S.I. 2008/2870, art. 2(2)(e); S.I. 2010/2891, art. 4(l)

F976 S. 104(3A)-(3C) substituted (E.W.) (13.11.2008) for s. 104(3) by Children and Young Persons Act 2008 (c. 23), ss. 39, 44, Sch. 3 para. 25(4)

F977 Words in s. 104(3) inserted (1.12.2003) by 2002 c. 38, ss. 111(6)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2003/3079, art. 2(2)(a)

F978 Words in s. 104(3) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 30(b); S.I. 2009/479, art. 6(1)(e)

F979 Words in s. 104(3) repealed (28.3.2011 for W., 1.4.2011 for E.) by Children and Young Persons Act 2008 (c. 23), ss. 42, 44, Sch. 4; S.I. 2010/2981, art. 4(l); S.I. 2011/949, art. 3(d)(i)

F980 Words in s. 104(3A) inserted (1.9.2009) by The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892), art. 2, Sch. 1 para. 2

F981 Word in s. 104(3A) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(a), 139(6); S.I. 2015/375, art. 2(c)

F982 Words in s. 104(3A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(a), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F983 Words in s. 104(3A) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 110(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F984 S. 104(3AA) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 96(2)(b), 139(6); S.I. 2015/375, art. 2(c)

F985 S. 104(3AB) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 97(2)(b), 139(6); S.I. 2015/375, art. 2(c)

F986 S. 104(3BA) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 16(1)(b), 139(6); S.I. 2014/889, art. 4(e) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F987 S. 104(3BB) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 110(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F988 Words in s. 104(4)(c) repealed (E.W.) (13.11.2008) by Children and Young persons Act 2008 (c. 23), ss. 39, 42, 44, {Sch. 3 para. 25(5)}, {Sch. 4}

Commencement Information

I87 S. 104 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

[F989 104A. Regulations made by the Welsh Ministers under section 31A or Part 7 U.K.

(1) Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.

(2) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F989 S. 104A substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 105

105 Interpretation. E+W+S

(1) In this Act—

• [F990 “activity condition” has the meaning given by section 11C;]

• [F990 “activity direction” has the meaning given by section 11A;]

• “adoption agency” means a body which may be referred to as an adoption agency by virtue of [F991 section 2 of the Adoption and Children Act 2002];

• F992 ...

• “bank holiday” means a day which is a bank holiday under the M33 Banking and Financial Dealings Act 1971;

• [F993 “care home”—

  (a)

  has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

  (b)

  means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;”]

• “care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

• “child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

• [F994 "child arrangements order” has the meaning given by section 8(1);]

• “child assessment order” has the meaning given by section 43(2);

• [F995 “child minder” has the meaning given by section 71;]

• [F996 “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means—

  (a)

  a child of both of them, and

  (b)

  any other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family];

• [F997 “children’s home”—

  (a)

  has the same meaning as it has for the purposes of the Care Standards Act 2000 in respect of a children’s home in England (see section 1 of that Act); and

  (b)

  [F998 means a place in Wales at which—

  (i)

  a care home service is provided wholly or mainly to children, or

  (ii)

  a secure accommodation service is provided,

• and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);]]

• [F999 “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;]

• “community home” has the meaning given by section 53;

• F1000 ...

• F1000 ...

• F1000 ...

• “day care” F1001 ... has the same meaning as in section 18;

• “disabled”, in relation to a child, has the same meaning as in section 17(11);

• F1002 ...

• “domestic premises” has the meaning given by section 71(12);

• [F1003 “dwelling-house” includes—

  (a)

  any building or part of a building which is occupied as a dwelling;

  (b)

  any caravan, house-boat or structure which is occupied as a dwelling;

  and any yard, garden, garage or outhouse belonging to it and occupied with it;]

• [F1004 “education functions” has the meaning given by section 579(1) of the Education Act 1996;]

• “education supervision order” has the meaning given in section 36;

• “emergency protection order” means an order under section 44;

• [F1005 “enforcement order” has the meaning given by section 11J;]

• “family assistance order” has the meaning given in section 16(2);

• “family proceedings” has the meaning given by section 8(3);

• “functions” includes powers and duties;

• “guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;

• “harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

• F1006 ...

• “health service hospital” [F1007 means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006];

• “hospital” F1008 . . . has the same meaning as in the M34 Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;

• “ill-treatment” has the same meaning as in section 31(9);

• [F1009 “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;]

• [F1010 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

• [F1011 “independent hospital”

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

• “independent school” has the same meaning as in [F1012 the Education Act 1996];

• “local authority” means, in relation to England F1013 ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London [F1014 in relation to Wales, the council of a county or a county borough] and, in relation to Scotland, a local authority within the meaning of section 1(2) of the M35 Social Work (Scotland) Act 1968;

• [F1015 [F1016 “local authority foster parent” has the meaning given in section 22C(12);]]

• [F1015 “local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of—

  (a)

  paragraph 12F of Schedule 2; or

  (b)

  sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);]

• F1017 ...

• [F1018 “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;]

• “local housing authority” has the same meaning as in the M36 Housing Act 1985;

• [F1019 “mental nursing home” has the same meaning as in the M37 Registered Homes Act 1984;]

• [F1020 “nursing home” has the same meaning as in the Act of 1984;]

• [F1021 “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;]

• “parental responsibility” has the meaning given in section 3;

• “parental responsibility agreement” has the meaning given in [F1022 sections 4(1) [F1023 , 4ZA(4)] and 4A(2)];

• “prescribed” means prescribed by regulations made under this Act;

• [F1024 “private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 [F1025 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016] which is not a community home or a voluntary home;]

• F1026 ...

• “privately fostered child” and “to foster a child privately” have the same meaning as in section 66;

• “prohibited steps order” has the meaning given by section 8(1);

• F1027 ...

• [F1028 “registered children’s home” has the same meaning as in section 63;]

• “registered pupil” has the same meaning as in [F1012 the Education Act 1996];

• “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or [F1029 by marriage or civil partnership)] or step-parent;

• F1000 ...

• [F1030 “residential care home” has the same meaning as in the Registered Homes Act 1984 [F1031 and “small home” has the meaning given by section 1(4A) of that Act];]

• “responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;

• “school” has the same meaning as in [F1012 the Education Act 1996] or, in relation to Scotland, in the M38 Education (Scotland) Act 1980;

• [F1032 “section 31A plan” has the meaning given by section 31A(6);]

• “service”, in relation to any provision made under Part III, includes any facility;

• “signed”, in relation to any person, includes the making by that person of his mark;

• “special educational needs” has the same meaning as in [F1033 the Education Act 1996];

• [F1034 “special guardian” and “special guardianship order” have the meaning given by section 14A;]

• [F1035 “Special Health Authority” means a Special Health Authority established under [F1036 section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006,];]

• “specific issue order” has the meaning given by section 8(1);

• F1037 ...

• “supervision order” has the meaning given by section 31(11);

• “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;

• “upbringing”, in relation to any child, includes the care of the child but not his maintenance;

• “voluntary home” has the meaning given by section 60;

• “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;

• [F1038 “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.]

(2) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to [F1039 , or civil partners of,] each other at the time of his birth must be read with section 1 of the M39 Family Law Reform Act 1987 (which extends the meaning of such references).

F1040 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1041 (4) References in this Act to a child who is looked after—

(a) in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and

(b) in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).]

(5) References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions [F1042 of that or any other local authority which are social services functions] F1043 ....

F1044 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1045 (5B) References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).]

[F1046 (5B) In subsection (5) “social services functions” means—

(a) in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and

(b) in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.]

(6) In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—

(a) which is a school or other institution;

(b) in accordance with the requirements of a supervision order under this Act F1047 ...;

[F1048 (ba) in accordance with the requirements of a youth rehabilitation order under [F1049 Chapter 1 of Part 9 of the Sentencing Code]; or]

(c) while he is being provided with accommodation by or on behalf of a local authority.

(7) References in this Act to children who are in need shall be construed in accordance with section 17.

[F1050 (7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act).

(7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act.]

(8) Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.

(9) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.

(10) For the purposes of this section, and of section 7 of the M40 Interpretation Act 1978 in its application to this section, the proper address of a person—

(a) in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;

(b) in the case of a partner of a firm, shall be that of the principal office of the firm; and

(c) in any other case, shall be the last known address of the person to be served.

Textual Amendments

F990 Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(a); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F991 S. 105(1): words in definition of "adoption agency" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F992 Words in s. 105(1) repealed (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), s. 44(4), Sch. 1 para. 3(2), Sch. 4; S.I. 2010/2981, art. 4(a)(l); S.I. 2016/452, art. 2(b); S.I. 2017/948, art. 2(c)(ii)

F993 Words in s. 105(1) substituted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(a)

F994 Words in s. 105(1) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(b); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F995 S. 105(1): definition of "child minder" repealed (1.4.2002 for W. and otherwise (prosp.) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2002/ 920, art. 3(3)(g) (with arts. 3(5)-(10))

F996 S. 105(1): definition of "child of the family" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(3); S.I. 2005/3175, art. 2(1), Sch. 1

F997 Words in s. 105(1) substituted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(b)

F998 Words in s. 105(1) substituted (E.W.) (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 5

F999 Words in s. 105(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F1000 Words in s. 105(1) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(2)(c); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F1001 S. 105(1): words in the definition of "day care" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(i), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F1002 Definition of "district health authority" in s. 105(1) repealed (1.4.1996) by 1995 c. 17, ss.2(1), 5(1)(2), Schs. 1, para. 118(10)(a), 3(with Sch. 2 paras. 6, 16)

F1003 Definition in s. 105(1) inserted (1.10.1997) by 1996, c. 27, s. 52, Sch. 6 para. 5(with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3

F1004 S. 105(1): definition of "education functions" inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 37(13)(a)

F1005 S. 105(1): definition of "enforcement order" inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), s. 15, Sch. 2 para. 11; S.I. 2008/2870, art. 2(2)(e)

F1006 S. 105: definition of "health authority" omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(a)

F1007 S. 105: words in definition of "health service hospital" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(b)

F1008 S. 105(1): words in the definition of "hospital" repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(a)(ii), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F1009 Definition of "income-based jobseeker's allowance" in s. 105 inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 19(4); S.I. 1996/2208, art. 2(b)

F1010 S. 105(1): definition of "income-related employment and support allowance" inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 6(5); S.I. 2008/787, art. 2(4)(f)

F1011 S. 105(1): definition of "independent hospital" substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 7(3)

F1012 Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 91(with Sch. 39, paras. 30, 39)

F1013 Words in s. 105(1) repealed (1.4.1996) by 1994 c. 19, ss. 22(4), s. 66(8), Sch. 10 para. 13, Sch. 18(with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F1014 Words in definition of "local authority" in s. 105(1) inserted (1.4.1996) by 1994 c. 19, s. 22(4), Sch. 10 para. 13 (with s. 66(7), Sch. 17 paras. 22, 23(2)); S.I. 1996/396, art. 4, Sch. 2

F1015 Words in s. 105(1) substituted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(a)

F1016 S. 105(1): definition substituted (1.4.2011 for E., otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44, Sch. 1 para. 3(4); S.I. 2010/2891, art. 4(a)

F1017 S. 105(1): definition of "local education authority" repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 37(13)(b), Sch. 3 Pt. 2

F1018 S. 105: definition of "Local Health Board" inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), arts. 2, 3, Sch. para. 20(3)

F1019 S. 105(1): definition of "mental nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6);S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F1020 S. 105(1): definition of "nursing home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(5)-(10) and transitional provisions in Schs. 1-3)

F1021 S. 105(1): definition of "officer of the Service" inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 95; S.I. 2001/919, art. 2(f)(ii)

F1022 S. 105(1): words in definition of "parental responsibility agreement" substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(c) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F1023 S. 105(1): word in the definition of "parental responsibility agreement" inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 31; S.I. 2009/479, art. 6(1)(e)

F1024 S. 105(1): definition of "private children's home" inserted (1.4.2002 (E.W.)) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(23)(a)(vii); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F1025 Words in s. 105(1) inserted (E.W.) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2, 12(c)

F1026 Words in s. 105(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F1027 S. 105(1): definition of "protected child" repealed (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(d), Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F1028 S. 105(1): definition of "registered children's home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F1029 S. 105(1): words in definition of "relative" substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 75(4); S.I. 2005/3175, art. 2(1), Sch. 1

F1030 S. 105(1): definition of "residential care home" repealed (1.4.2002 (E.W.)) by 2000 c. 14, ss. 117(2), 122, Sch. 6; S.I. 2001/4150, art. 3(3)(c)(viii) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6); S.I. 2002/920, art. 3(3)(g) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F1031 Words in s. 105(1) inserted (1.4.1993) by Registered Homes Act 1991 (c. 20, SIF 113:3), s. 2(6); S.I. 1992/2240, art. 2.

F1032 S. 105(1): definition of "section 31A plan" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(b) (with Sch. 4 paras 6-8); S.I. 2005/2213, art. 2(o)

F1033 Words in s. 105(1) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I, para. 91(with Sch. 39, paras. 30, 39)

F1034 S. 105(1): definition of "special guardian" and "special guardianship order" inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 70(e) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)

F1035 Definition of "special health authority" in s. 105(1) substituted (1.4.1996) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. III, para. 118(10)(c)(with Sch. 2 para. 6)

F1036 S. 105: words in definition of "Special Health Authority" substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 125(d)

F1037 Words in s. 105(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F1038 S. 105(1): definition of "Welsh family proceedings officer" inserted (1.4.2005) by Children Act 2004, (c. 31), s. 40, {Sch. 3 para. 11}; S.I. 2005/700, art. 2(2)

F1039 Words in s. 105(2) inserted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), regs. 1(2), 15(4)

F1040 S. 105(3) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 38(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F1041 S. 105(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(b)

F1042 Words in s. 105(5) substituted (E.W.) (26.10.2000 for E. and 28.7.2001 for W.) by 2000 c. 22, ss. 107(1), 108(4), Sch. 5 para. 22; S.I. 2000/2849, art. 2(f)

F1043 Words in s. 105(5) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(c)

F1044 S. 105(5A) repealed (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 73, 75, Sch. 1 para. 7(b), Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (subject to arts. 3, 4, 5) (as amended by S.I. 2011/577, art. 2)

F1045 S. 105(5B) inserted (S.) (1.4.2002) by 2001 asp 8, s. 79, Sch. 3 para. 15(2)(b); S.S.I. 2002/162, art. 2(f)(h) (subject to arts. 3-13)

F1046 S. 105(5B) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 106(d)

F1047 Words in s. 105(6)(b) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 36(a), Sch. 28 Pt. 1 (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)(u)(xi)

F1048 S. 105(6)(ba) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 153, Sch. 4 para. 36(b) (with Sch. 27 paras. 1 and 5); S.I. 2009/3074, art. 2(p)(v)

F1049 Words in s. 105(6)(ba) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 111 (with Sch. 27); S.I. 2020/1236, reg. 2

F1050 S. 105(7A)(7B) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 56(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I88 S. 105 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M33 1971 c. 80.

M34 1983 c. 20.

M35 1968 c. 49.

M36 1985 c. 68.

M37 1984 c. 23.

M38 1980 c. 44.

M39 1987 c. 42.

M40 1978 c. 30.

106 Financial provisions. E+W

(1) Any—

(a) grants made by the Secretary of State under this Act; and

(b) any other expenses incurred by the Secretary of State under this Act,

shall be payable out of money provided by Parliament.

(2) Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund.

Commencement Information

I89 S. 106 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

107 Application to Channel Islands. E+W

Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order.

Commencement Information

I90 S. 107 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

108 Short title, commencement extent etc. U.K.

(1) This Act may be cited as the Children Act 1989.

(2) Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.

(3) Different dates may be appointed for different provisions of this Act and in relation to different cases.

(4) The minor amendments set out in Schedule 12 shall have effect.

(5) The consequential amendments set out in Schedule 13 shall have effect.

(6) The transitional provisions and savings set out in Schedule 14 shall have effect.

(7) The repeals set out in Schedule 15 shall have effect.

(8) An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—

(a) provisions adding to or modifying the provisions of Schedule 14, and

(b) such adaptations—

(i) of the provisions brought into force by the order; and

(ii) of any provisions of this Act then in force,

as appear to him necessary or expedient in consequence of the partial operation of this Act.

(9) The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.

(10) This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.

(11) The following provisions of this Act extend to Scotland—

• [F1051 section 19;]

• section 25(8);

• section 50(13);

• [F1051 Part X;

• section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);]

• section 88;

• section 104 (so far as necessary);

• section 105 (so far as necessary);

• subsections (1) to (3), (8) and (9) and this subsection;

• in Schedule 2, paragraph 24;

• in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;

• in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;

• in Schedule 14, paragraphs 1, 33 and 34;

• in Schedule 15, the entries relating to—

(a) the M41 Custody of Children Act 1891;

(b) the M42 Nurseries and Child Minders Regulation Act 1948;

(c) section 53(3) of the M43 Children and Young Persons Act 1963;

(d) section 60 of the M44 Health Services and Public Health Act 1968;

(e) the M45 Social Work (Scotland) Act 1968;

(f) the M46 Adoption (Scotland) Act 1978;

(g) the M47 Child Care Act 1980;

(h) the M48 Foster Children (Scotland) Act 1984;

(i) the M49 Child Abduction and Custody Act 1985; and

(j) the M50 Family Law Act 1986.

(12) The following provisions of this Act extend to Northern Ireland—

• section 50;

• section 101(1)(b), (2) and (5)(a)(i);

• subsections (1) to (3), (8) and (9) and this subsection;

• in Schedule 2, paragraph 24;

• in Schedule 12, paragraphs 7 to 10, 18 and 27;

• in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;

• in Schedule 14, paragraphs F1052 . . ., 28 to 30 and 38(a); and

• in Schedule 15, the entries relating to the M51 Guardianship of Minors Act 1971, the M52 Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.

Extent Information

E4 S. 108 extends to England and Wales, except s. 108(1)(3)(8)(9) which extend to the United Kingdom. See s. 108(11)(12).

Textual Amendments

F1051 Words in s. 108(11) repealed (S.) (1.4.2002) by 2001 asp 8, s. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F1052 Word in s. 108(12) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, 125(7), Sch. 16 para. 25, Sch. 20; S.I. 1991/1883, art. 3, Sch.

Marginal Citations

M41 1891 c. 3.

M42 1948 c. 53.

M43 1963 c. 37.

M44 1968 c. 46.

M45 1968 c. 49.

M46 1978 c. 28.

M47 1980 c. 5.

M48 1984 c. 56.

M49 1985 c. 60.

M50 1986 c. 55.

M51 1971 c. 3.

M52 1975 c. 72