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Health and Social Services and Social Security Adjudications Act 1983

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Child Care Act 1980 (c. 5.)

46The following subsection shall be substituted for subsection (2) of section 3 of the Child Care Act 1980 (under which a local authority who pass a resolution under subsection (1)(b), (c) or (d) are required, if the whereabouts of the person whose parental rights and duties have vested in them are known, to serve notice in writing of the passing of the resolution on him, unless he has consented in writing to its passing)—

(2)If the local authority know the whereabouts of the person whose parental rights and duties have vested in them by virtue of a resolution passed under subsection (1)(b), (c) or (d) above, they shall forthwith after it is passed serve notice in writing of its passing on him..

47The following subsection shall be added at the end of section 10 of that Act (powers and duties of local authorities with respect to children committed to their care)—

(5)This section does not give a local authority—

(a)the right to consent or refuse to consent to the making of an application under section 18 of the Adoption Act 1976 or section 18 of the [1978 c. 28.] Adoption (Scotland) Act 1978 ; or

(b)the right to agree or refuse to agree to the making of an adoption order or an order under section 55 of the Adoption Act 1976 or section 49 of the Adoption (Scotland) Act 1978..

48In subsection (2) of section 13 of that Act (penalty for assisting children in care to run away etc.)—

(a)for paragraph (b) there shall be substituted the following paragraph—

(b)by a parent or guardian of the child in relation to whom no resolution under section 3 of this Act is in force with respect to the child and who has given the local authority not less than 28 days' notice in writing of his intention to do it.; and

(b)for the words " notwithstanding that no " there shall be substituted the words " whether or not a ".

49At the end of section 21(1) of that Act (provision of accommodation and maintenance for children in care) there shall be added the words " and shall secure, subject to section 18 of this Act, that any accommodation which they provide is, so far as practicable, near the child's home ".

50The following section shall be substituted for section 21A of that Act—

21AUse of accommodation for restricting liberty.

(1)Subject to the following provisions of this section, a child in the care of a local authority may not be placed, and, if placed, may not be kept, in accommodation provided for the purpose of restricting liberty 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, it is likely that his physical, mental or moral welfare will be at risk; or

(b)that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

(2)The Secretary of State may by regulations—

(a)specify—

(i)a maximum period beyond which a child may not be kept in such accommodation without the authority of a juvenile court; and

(ii)a maximum period for which a juvenile court may authorise a child to be kept in such accommodation;

(b)empower a juvenile court from time to time to authorise a child to be kept in such accommodation for such further period as the regulations may specify; and

(c)provide that applications to a juvenile court under this section shall be made by local authorities.

(3)It shall be the duty of a juvenile court before which a child is brought by virtue of this section to determine whether any relevant criteria for keeping a child in accommodation provided for the purpose of restricting liberty are satisfied in his case ; and if a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in such accommodation and specifying the maximum period for which he may be so kept.

(4)On any adjournment of a hearing under subsection (3) above a juvenile court may make an interim order permitting the child to be kept during the period of the adjournment in accommodation provided for the purpose of restricting liberty.

(5)An appeal shall lie to the Crown Court from a decision of a juvenile court under this section.

(6)A juvenile court shall not exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless either—

(a)he applied for legal aid and the application was refused on the ground that it did not appear his means were such that he required assistance ; or

(b)having been informed of his right to apply for legal aid and had the opportunity to do so, he refused or failed to apply.

(7)The Secretary of State may by regulations provide—

(a)that this section shall or shall not apply to any description of children specified in the regulations ;

(b)that 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)that 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 accommodation provided for the purpose of restricting liberty.

(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..

51In subsection (3) of section 24 of that Act (by virtue of which the Secretary of State may consent to the emigration of a child in the care of a local authority who is too young to form or express a proper opinion on the matter in any case where the child is to emigrate in company with a parent, guardian or relative of his, or is to emigrate for the purpose of joining a parent, guardian relative or friend) for the words " or relative " there shall be substituted the words " relative or friend ".

52In section 35 of that Act (instruments of management for assisted and controlled community homes)—

(a)the words " this Part of this Act" shall be substituted—

(i)in subsection (1), for the words " a regional plan approved by him "; and

(ii)in subsection (2), for the words " a regional plan approved by the Secretary of State "; and

(b)the words " in accordance with this Part of this Act" shall be substituted—

(i)in subsection (3)(a), for the words " in a regional plan "; and

(ii)in subsection (5), for the words " in the regional plan .

53In subsection (1) of section 44 of that Act (financial provisions applicable to cessation of controlled or assisted community home) after the words " section 43 of this Act" there shall be inserted the words " or of subsection (5) of section 43A of this Act ".

54In subsection (1) of section 45 of that Act (by virtue of paragraph (i) of which where a child under 16 is in the care of a local authority under section 2 or by virtue of a care order other than an interim order the father or mother of the child is liable to make contributions in respect of the child)—

(a)at the beginning of the said paragraph (i) there shall be inserted the words " Subject to subsection (1A) below, "; and

(b)for the word " or " in the said paragraph (i) there shall be substituted the word " and ".

55The following section shall be inserted after section 64 of that Act: —

64AGeneral duty of voluntary organisation in relation to children in their care.

(1)In reaching any decision relating to a child in their care, a voluntary organisation shall give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood ; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.

(2)In providing for a child in their care a voluntary organisation shall make such use of facilities and services available for children in their care of the own parents as appears to the organisation reasonable in his case..

56In section 79 of that Act (returns of information and presentation of reports etc. to Parliament)—

(a)the following subsection shall be inserted after subsection (2)—

(2A)The clerk of each magistrates' court 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 the proceedings of the court under Part II of the [1975 c. 72.] Children Act 1975.;

(b)in subsection (3), for the words "and (2)" there shall be substituted the words " , (2) and (2A) "; and

(c)the following paragraph shall be inserted after subsection (5)(g)

(ga)Part II of the Children Act 1975,.

57In section 82 of that Act (grants in respect of voluntary homes which are assisted community homes) for the words " in a regional plan which was then in operation" there shall be substituted the words " either in a regional plan which was then in operation or in accordance with Part IV of this Act ".

58In section 85 of that Act (regulations and orders)—

(a)in subsection (2), after the words " section 43 " there shall be inserted the words " or 43A(3) "; and

(b)in subsection (4), after " 11 " there shall be inserted " , 21A ".

59In paragraph 3 of Schedule 4 to that Act (transitional provisions relating to children in care) after the words " by virtue of ", in the first place where they occur, there shall be inserted the words " a care order or of ".

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