Part II Promotion of Children’s Welfare by Local Authorities and by Children’s Hearings etc.
C3 Chapter 1 Support for Children and Their Families
Introductory
16 Welfare of child and consideration of his views.
1
2
In the circumstances mentioned in subsection (4) below, F5... the sheriff, taking account of the age and maturity of the child concerned, shall so far as practicable—
a
give him an opportunity to indicate whether he wishes to express his views;
b
if he does so wish, give him an opportunity to express them; and
c
have regard to such views as he may express;
and without prejudice to the generality of this subsection a child twelve years of age or more shall be presumed to be of sufficient age and maturity to form a view.
3
F24
The circumstances to which subsection (2) refers are that the sheriff is considering whether to make, vary or discharge an exclusion order.
5
If, for the purpose of protecting members of the public from serious harm (whether or not physical harm)—
F9a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a court considers it necessary to make a determination under or by virtue of F10Chapter 1 or 3 of this Part of this Act which (but for this paragraph) would not be consistent with its affording such paramountcy, it may make that determination.
I117 Duty of local authority to child looked after by them.
C1C21
Where a child is looked after by a local authority they shall, in such manner as the Secretary of State may prescribe—
a
safeguard and promote his welfare (which shall, in the exercise of their duty to him be their paramount concern);
b
make such use of services available for children cared for by their own parents as appear to the authority reasonable in his case; and
c
take such steps to promote, on a regular basis, personal relations and direct contact between the child and any person with parental responsibilities in relation to him as appear to them to be, having regard to their duty to him under paragraph (a) above, both practicable and appropriate.
C22
The duty under paragraph (a) of subsection (1) above includes, without prejudice to that paragraph’s generality, the duty of providing advice and assistance with a view to preparing the child for when he is no longer looked after by a local authority.
C23
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 views of—
a
the child;
b
his parents;
c
any person who is not a parent of his but who has parental rights in relation to him; and
d
any other person whose views the authority consider to be relevant,
regarding the matter to be decided.
C24
In making any such decision a local authority shall have regard so far as practicable—
a
to the views (if he wishes to express them) of the child concerned, taking account of his age and maturity;
b
to such views of any person mentioned in subsection (3)(b) to (d) above as they have been able to ascertain; and
c
to the child’s religious persuasion, racial origin and cultural and linguistic background.
C25
If, for the purpose of protecting members of the public from serious harm (whether or not physical harm) a local authority consider it necessary to exercise, in a manner which (but for this paragraph) would not be consistent with their duties under this section, their powers with respect to a child whom they are looking after, they may do so.
6
Any reference in this Chapter of this Part to a child who is “looked after” by a local authority, is to a child—
a
for whom they are providing accommodation under section 25 of this Act;
F11b
who is subject to a compulsory supervision order or an interim compulsory supervision order and in respect of whom they are the implementation authority (within the meaning of the Children's Hearings (Scotland) Act 2011);
F12c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
who is subject to an order in accordance with which, by virtue of regulations made under section 33(1) of this Act F14or section 190 of the Children’s Hearings (Scotland) Act 2011 (asp 1) (effect of Orders made outwith Scotland), they have F13responsibilities as respects the child F1; or
e
in respect of whom a permanence order has, on an application by them under section 80 of the Adoption and Children (Scotland) Act 2007 (asp 4), been made and has not ceased to have effect.
7
Regulations made by the Secretary of State under subsection (1) above may, without prejudice to the generality of that subsection, include—
a
provision as to the circumstances in which the child may be cared for by the child’s own parents; and
b
procedures which shall be followed in the event of the child’s death.
18 Duty of persons with parental responsibilities to notify change of address to local authority looking after child.
1
Where a child is being looked after by a local authority, each natural person who has parental responsibilities in relation to the child shall, without unreasonable delay, inform that authority whenever the person changes his address.
2
A person who knowingly fails to comply with the requirement imposed by subsection (1) above shall be liable on summary conviction to a fine of level 1 on the standard scale; but in any proceedings under this section it shall be a defence that—
a
the change was to the same address as that to which another person who at that time had parental responsibilities in relation to the child was changing; and
b
the accused had reasonable cause to believe that the other person had informed the authority of the change of address of them both.
Pt. II Ch. 1 (ss. 16-38) modifed (1.4.1997) by S.I. 1996/3255, reg. 7(1)