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Version Superseded: 06/04/2016
Point in time view as at 22/10/2014.
Children Act 1989, Cross Heading: Care orders is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1—
(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 [F2a 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)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)to agree or refuse to agree to the making of an adoption order, or an order under [F4section 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).
(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 [F5a person mentioned in that provision] has in relation to the child and his property by virtue of any other enactment.
Textual Amendments
F1Words 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)
F2Words 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)
F3S. 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)
F4Words 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)
F5Words 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
I1S. 33 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
(1)Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) [F6and their duty under section 22(3)(a)] allow the child reasonable contact with—
(a)his parents;
(b)any guardian [F7or special guardian] of his;
[F8(ba)any person who by virtue of section 4A has parental responsibility for him;]
(c)where there was a [F9child arrangements] order in force with respect to the child immediately before the care order was made, [F10any 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.
[F11(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.]
(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—
[F12(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 [F13making, 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
F6Words 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)
F7Words 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)
F8S. 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)
F9Words 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)
F10Words 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)
F11S. 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)
F12S. 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)
F13Words 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
I2S. 34 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
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