Children Act 1975

[F1 60 Transfer of parental rights and duties to voluntary organisations. S

(1) Where it appears to a local authority as respects a child in the care of a voluntary organisation which is an incorporated body—

(a) that the child is not in the care of any local authority, and

(b) that a condition specified in section 2(1) of the M1 Children Act 1948 is satisfied; and

(c) that it is necessary in the interests of the welfare of the child for the parental rights and duties to be vested in the organisation,

the authority may, subject to subsections (5) and (6), resolve that there shall vest in the organisation the parental rights and duties with respect to that child.

(2) While a resolution under this section is in force the parental rights and duties shall vest in the organisation in whose care the child is when the resolution is passed.

(3) If, immediately before the resolution is passed, the parental rights and duties are vested in the parent in relation to whom the resolution is passed jointly with any other person, then on the passing of the resolution the parental rights and duties shall vest jointly in that other person and the organisation in whose care the child is.

(4) In determining, for the purposes of subsection (1) of this section, whether the condition specified in section 2(1)(b)(i) of the Children Act 1948 is satisfied, if the whereabouts of any parent of the child have remained unknown for twelve months, that parent shall be deemed to have abandoned the child.

(5) A resolution under subsection (1) may not be passed by a local authority in respect of any child unless—

(a) the child is living in the area of the authority either in a voluntary home or with foster parents with whom he has been boarded by the organisation in whose care he is; and

(b) that organisation has requested the authority to pass the resolution.

(6) The parental rights and duties which may vest in an organisation by virtue of this section do not include the right to consent or refuse to consent to the making of an application under section 14 and the right to agree or refuse to agree to the making of an adoption order or an order under section 25; and regulations made under section 33(1) of the Children Act 1948 shall apply to the emigration of a child notwithstanding that the parental rights and duties relating to the child are vested in the voluntary organisation.

(7) Subsection (8) of section 2 of the Children Act 1948 shall apply in relation to a resolution under subsection (1) as if it were a resolution under the said section 2.]

Textual Amendments

F1 S. 60 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6

Marginal Citations

M1 1948 c. 43.