Children Act 1989

9 Restrictions on making section 8 orders. E+W

(1) No court shall make any section 8 order, other than a residence order, 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 residence order or contact 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 [F1 one year] preceding the application.

(4) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 residence or contact order; 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) [F3 No court shall make a specific issue order, contact order or prohibited steps 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.

(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

F1 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)

F2 S. 9(4) repealed (30.12.2005) by 2002 c. 38, ss. 113(b), 139, 148, Sch. 5 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k); S.I. 2005/2897, art. 2(b)

F3 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)

Commencement Information

I1 S. 9 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)