Children Act 1989
When a court determines any question with respect to— the child’s welfare shall be the court’s paramount consideration.
the upbringing of a child; or
the administration of a child’s property or the application of any income arising from it,
In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.
In the circumstances mentioned in subsection (4), a court shall have regard in particular to—
the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
his physical, emotional and educational needs;
the likely effect on him of any change in his circumstances;
his age, sex, background and any characteristics of his which the court considers relevant;
any harm which he has suffered or is at risk of suffering;
how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
the range of powers available to the court under this Act in the proceedings in question.
A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.
The circumstances are that—
the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or
the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV.
In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time.
Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.
In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—
is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and
is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.
The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).
Where a child’s father and mother were married to , or civil partners of, each other at the time of his birth, they shall each have parental responsibility for the child.
Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth—
the mother shall have parental responsibility for the child;
the father shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.
Where a child— the child's mother and the other parent shall each have parental responsibility for the child.
has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or
has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies,
References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the Family Law Reform Act 1987 (which extends their meaning).
The rule of law that a father is the natural guardian of his legitimate child is abolished.
Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies—
the mother shall have parental responsibility for the child;
the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act.
More than one person may have parental responsibility for the same child at the same time.
A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child.
Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child.
The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act.
A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf.
The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned.
The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned.
In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.
It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property.
The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover.
The fact that a person has, or does not have, parental responsibility for a child shall not affect—
any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or
any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property.
A person who— may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare.
does not have parental responsibility for a particular child; but
has care of the child,
Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth , the father shall acquire parental responsibility for the child if—
he becomes registered as the child’s father under any of the enactments specified in subsection (1A);
he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or
the court, on his application, orders that he shall have parental responsibility for the child.
No parental responsibility agreement shall have effect for the purposes of this Act unless—
it is made in the form prescribed by regulations made by the Lord Chancellor; and
where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner.
The enactments referred to in subsection (1)(a) are—
paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953;
paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and
sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
The court may make an order under subsection (2A) on the application— subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).
of any person who has parental responsibility for the child; or
with the leave of the court, of the child himself,
The Secretary of State may by order amend subsection (1A) so as to add further enactments to the list in that subsection.
The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.
Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if—
the child has no parent with parental responsibility for him; or
a parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and has died while the order was in force ; or
paragraph (b) does not apply, and the child’s only or last surviving special guardian dies.
The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it.
A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death.
A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death.
An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or—
in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the Wills Act 1837; or
in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature.
A person appointed as a child’s guardian under this section shall have parental responsibility for the child concerned.
Where— the appointment shall take effect on the death of that person.
on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or
immediately before the death of any person making such an appointment, a child arrangements order was in force in which the person was named as a person with whom the child was to live or the person was the child’s only (or last surviving) special guardian,
Where, on the death of any person making an appointment under subsection (3) or (4)— the appointment shall take effect when the child no longer has a parent who has parental responsibility for him.
the child concerned has a parent with parental responsibility for him; and
subsection (7)(b) does not apply,
Subsections (1) and (7) do not apply if the child arrangements order referred to in paragraph (b) of those subsections also named a surviving parent of the child as a person with whom the child was to live.
Nothing in this section shall be taken to prevent an appointment under subsection (3) or (4) being made by two or more persons acting jointly.
Subject to any provision made by rules of court, no court shall exercise the High Court’s inherent jurisdiction to appoint a guardian of the estate of any child.
Where rules of court are made under subsection (11) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made.
A guardian of a child may only be appointed in accordance with the provisions of this section.
Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if—
she becomes registered as a parent of the child under any of the enactments specified in subsection (2);
she and the child's mother make an agreement providing for her to have parental responsibility for the child; or
the court, on her application, orders that she shall have parental responsibility for the child.
The enactments referred to in subsection (1)(a) are—
paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953;
paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and
sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976.
The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection.
An agreement under subsection (1)(b) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4.
A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders.
The court may make an order under subsection (5) on the application— subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4).
of any person who has parental responsibility for the child; or
with the leave of the court, of the child himself,
The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian.
An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed—
by him; or
at his direction, in his presence and in the presence of two witnesses who each attest the signature.
An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it—
destroys the instrument by which it was made; or
has some other person destroy that instrument in his presence.
For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked.
An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either— unless a contrary intention appears by the appointment.
... a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or
the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986,
A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect.
An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either— unless a contrary intention appears by the appointment.
an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or
the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004,
Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner.
Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court—
on the application of any person who has parental responsibility for the child;
on the application of the child concerned, with leave of the court; or
in any family proceedings, if the court considers that it should be brought to an end even though no application has been made.
Where a child’s parent (“parent A”) who has parental responsibility for the child is married to , or a civil partner of, a person who is not the child’s parent (“the step-parent”)—
parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or
the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child.
An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4.
A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application—
of any person who has parental responsibility for the child; or
with the leave of the court, of the child himself.
The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application.
A court considering any question with respect to a child under this Act may— to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report.
ask an officer of the Service or a Welsh family proceedings officer ; or
ask a local authority to arrange for—
an officer of the authority; or
such other person (other than an officer of the Service or a Welsh family proceedings officer ) as the authority considers appropriate,
The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section.
The report may be made in writing, or orally, as the court requires.
Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of— in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering.
any statement contained in the report; and
any evidence given in respect of the matters referred to in the report,
It shall be the duty of the authority or officer of the Service or a Welsh family proceedings officer to comply with any request for a report under this section.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).
In this Act —
“secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.
The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours.
The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight.
Regulations may require a person to whom this section applies to hold a certificate issued by the Assembly as to his suitability, and the suitability of each prescribed person, to look after children.
The regulations may make provision about—
applications for certificates;
the matters to be taken into account by the Assembly in determining whether to issue certificates;
the information to be contained in certificates;
the period of their validity.
The regulations may provide that a person to whom this section applies shall be guilty of an offence—
if he does not hold a certificate as required by the regulations; or
if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person.
The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence.
The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
“ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act or a 16 to 19 Academy ;
“child assessment order” has the meaning given by section 43(2);
“premises” means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;
“proprietor” has the same meaning as in the Education Act 1996.
“authorised person” means—
In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order.
For the purposes of this Act “family proceedings” means any proceedings— but does not include proceedings on an application for leave under section 100(3).
under the inherent jurisdiction of the High Court in relation to children; and
under the enactments mentioned in subsection (4),
The enactments are—
Parts I, II and IV of this Act;
the Matrimonial Causes Act 1973;
the Domestic Violence and Matrimonial Proceedings Act 1976;
Schedule 5 to the Civil Partnership Act 2004;
the Adoption and Children Act 2002;
the Domestic Proceedings and Magistrates’ Courts Act 1978;
sections 1 and 9 of the Matrimonial Homes Act 1983;
Part III of the Matrimonial and Family Proceedings Act 1984;
Schedule 6 to the Civil Partnership Act 2004;
the Family Law Act 1996;
sections 11 and 12 of the Crime and Disorder Act 1998;
Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule).
Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court.
No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies, with respect to a child who is in the care of a local authority.
No application may be made by a local authority for a child arrangements order and no court shall make such an order in favour of a local authority.
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—
he has the consent of the authority;
he is a relative of the child; or
the child has lived with him for at least one year preceding the application.
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No court shall exercise its powers to make a specific issue order or prohibited steps order—
with a view to achieving a result which could be achieved by making a child arrangements order or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact); or
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.
No court shall make a section 8 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.
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.
Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies.
This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—
with whom the child concerned is to live, and
when the child is to live with any person.
In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if—
an application for the order has been made by a person who—
is entitled to apply for a section 8 order with respect to the child; or
has obtained the leave of the court to make the application; or
the court considers that the order should be made even though no such application has been made.
The court may also make a section 8 order with respect to any child on the application of a person who—
is entitled to apply for a section 8 order with respect to the child; or
has obtained the leave of the court to make the application.
This section is subject to the restrictions imposed by section 9.
The following persons are entitled to apply to the court for any section 8 order with respect to a child—
any parent , guardian or special guardian of the child;
any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live.
any person who by virtue of section 4A has parental responsibility for the child;
The following persons are entitled to apply for a child arrangements order with respect to a child—
any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family;
any person with whom the child has lived for a period of at least three years;
any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family;
any person who—
in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live;
in any case where the child is in the care of a local authority, has the consent of that authority; or
in any other case, has the consent of each of those (if any) who have parental responsibility for the child.
any person who has parental responsibility for the child by virtue of provision made under section 12(2A).
A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if—
the order was made on his application; or
in the case of a child arrangements order, he is named in provisions of the order regulating arrangements relating to—
with whom the child concerned is to spend time or otherwise have contact, or
when the child is to spend time or otherwise have contact with any person.
A local authority foster parent is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application.
Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person.
A relative of a child is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application.
Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order.
This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following—
with whom the child concerned is to live, and
when the child is to live with any person.
Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to—
the nature of the proposed application for the section 8 order;
the applicant’s connection with the child;
any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and
where the child is being looked after by a local authority—
the authority’s plans for the child’s future; and
the wishes and feelings of the child’s parents.
The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.
If a special guardianship order is in force with respect to a child, an application for a child arrangements order to which subsection (7B) applies may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave.
This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child concerned is to live, and
when the child is to live with any person.
In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) —
draw up a timetable with a view to determining the question without delay; and
give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
Rules of court may—
specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and
make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay.
Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings.
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Where— theorder, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months.
a child arrangements order has been made with respect to a child; and
the child has two parents who each have parental responsibility for him,
A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, shall cease to have effect if the parents live together for a continuous period of more than six months.
A section 8 order may—
contain directions about how it is to be carried into effect;
impose conditions which must be complied with by any person— and to whom the conditions are expressed to apply;
who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact;
who is a parent of the child ...;
who is not a parent of his but who has parental responsibility for him; or
with whom the child is living,
be made to have effect for a specified period, or contain provisions which are to have effect for a specified period;
make such incidental, supplemental or consequential provision as the court thinks fit.
Where— the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility.
the court makes a child arrangements order with respect to a child,
the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and
the father, or the woman, would not otherwise have parental responsibility for the child,
Where the court makes a child arrangements order and a person who is not a parent or guardian of the child concerned is named in the order as a person with whom the child is to live, that person shall have parental responsibility for the child while the order remains in force so far as providing for the child to live with that person.
Where— the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility.
the court makes a child arrangements order with respect to a child,
the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and
the father, or the woman, would not otherwise have parental responsibility for the child,
Where a person has parental responsibility for a child as a result of subsection (2) or (2A) , he shall not have the right—
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to agree, or refuse to agree, to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002, with respect to the child; or
to appoint a guardian for the child.
Where subsection (1) ... requires the court to make an order under section 4 or 4ZA in respect of aparent of a child, the court shall not bring that order to an end at any time while the child arrangements order concerned remains in force so far as providing for the child to live with that parent.
Where the court makes a child arrangements order and— the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case.
a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but
the person is not named in the order as a person with whom the child is to live,
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Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making—
a child arrangements order with respect to the child concerned, or
an order varying or discharging a child arrangements order with respect to the child concerned.
The matters mentioned in this subsection are—
with whom a child is to live,
when a child is to live with any person,
with whom a child is to spend time or otherwise have contact, and
when a child is to spend time or otherwise have contact with any person.
The court may make an activity direction in connection with the provision that the court is considering whether to make.
Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering—
whether a person has failed to comply with a provision of a child arrangements order, or
what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order.
The court may make an activity direction in connection with that provision of the child arrangements order.
An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—
that individual, or
another individual who is a party to the proceedings.
The direction is to specify the activity and the person providing the activity.
The activities that may be so required include, in particular—
programmes, classes and counselling or guidance sessions of a kind that—
may assist a person as regards establishing, maintaining or improving involvement in a child's life;
may, by addressing a person's violent behaviour, enable or facilitate involvement in a child's life;
sessions in which information or advice is given as regards making or operating arrangements for involvement in a child's life, including making arrangements by means of mediation.
No individual may be required by an activity direction—
to undergo medical or psychiatric examination, assessment or treatment;
to take part in mediation.
A court may not on the same occasion—
make an activity direction under subsection (2) , and
dispose finally of the proceedings as they relate to the matters mentioned in subsection (1A) in connection with which the activity direction is made.
Each of subsections (2) and (2B) has effect subject to the restrictions in sections 11B and 11E.
In considering whether to make anactivity direction, the welfare of the child concerned is to be the court's paramount consideration.
A court may not on the same occasion—
make an activity direction under subsection (2B), and
dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made.
Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may— without either the written consent of every person who has parental responsibility for the child or the leave of the court.
cause the child to be known by a new surname; or
remove him from the United Kingdom;
Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live .
In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes.
This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child concerned is to live, and
when the child is to live with any person.
A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute as regards the provision about that matter that the court is considering whether to make in the proceedings.
A court may not make an activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision about a matter mentioned in section 11A(1A).
A court may not make an activity activity direction in connection with the making, variation or discharge of a child arrangements order , if thechild arrangements order is, or would if made be, an excepted order.
A child arrangements order with respect to a child is an excepted order if—
it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or
it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5).
An order falls within this subsection if it is—
a relevant adoption order;
an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child;
a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made—
by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or
by virtue of section 15(1)(aa) of that Act; or
by virtue of an application under section 30 of the Adoption and Children (Scotland) Act 2007 where subsection (3) of that section applies; or
a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child.
A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made—
on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or
on an application under section 51(2) of that Act.
A court may not make an activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales.
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Where— the person mentioned in paragraph (a) may, as soon as the requirement in subsection (2) is complied with, enforce the order under section 63(3) of the Magistrates' Courts Act 1980 as if it were an order requiring the other person to produce the child to him.
a residence order is in force with respect to a child in favour of any person; and
any other person (including one in whose favour the order is also in force) is in breach of the arrangements settled by that order,
The requirement is that a copy of the residence order has been served on the other person.
Subsection (1) is without prejudice to any other remedy open to the person in whose favour the residence order is in force.
This section applies if in any family proceedings the court makes—
a child arrangements order containing—
provision for a child to live with different persons at different times,
provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or
provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or
an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii).
The child arrangements order may impose, or the child arrangements order may be varied so as to impose, a condition (an “activity condition”) requiring an individual falling within subsection (3) to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of—
that individual, or
another individual who is a party to the proceedings.
An individual falls within this subsection if he is—
for the purposes of the child arrangements order so made or varied, a person with whom the child concerned lives or is to live;
a person whose contact with the child concerned is provided for in that order; or
a person upon whom that order imposes a condition under section 11(7)(b).
The condition is to specify the activity and the person providing the activity.
Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by an activity condition as they have effect as regards the activities that may be required by an activity direction.
Subsection (2) has effect subject to the restrictions in sections 11D and 11E.
A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child concerned.
If a child arrangements order is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a an activity condition.
A child arrangements order may not impose an activity condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales.
Before making an activity direction (or imposing an activity condition by means of a child arrangements order ), the court must satisfy itself as to the matters falling within subsections (2) to (4).
The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case.
The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity.
The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel.
Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him.
Information about the likely effect of the direction (or the condition) may, in particular, include information as to—
any conflict with the individual's religious beliefs;
any interference with the times (if any) at which he normally works or attends an educational establishment.
The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request.
In this section “ specified ” means specified in an activity direction (or in an activity condition).
The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees.
An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child, not being a child ordinarily resident in Wales.
The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees.
An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child who is ordinarily resident in Wales.
A relevant charge or fee, in relation to an activity required by an activity direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity.
Regulations under this section may provide that no assistance is available to an individual unless—
the individual satisfies such conditions as regards his financial resources as may be set out in the regulations;
the activity in which the individual is required by an activity direction or condition to take part is provided to him in England or Wales;
where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by an activity direction or condition;
where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a an activity direction or condition.
Regulations under this section may make provision—
as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a an activity direction or condition to take part;
where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined;
authorising payments by way of assistance to be made directly to persons providing activities required by an activity direction or condition.
This section applies if in any family proceedings the court—
makes an activity direction in relation to an individual, or
makes a child arrangements order that imposes, or varies a child arrangements order so as to impose, an activity condition on an individual.
The court may on making the direction (or imposing the condition by means of a child arrangements order ) ask an officer of the Service or a Welsh family proceedings officer—
to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition);
to report to the court on any failure by the individual to comply with the direction (or the condition).
It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).
This section applies if in any family proceedings the court makes—
a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or
an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds.
The court may ask an officer of the Service or a Welsh family proceedings officer—
to monitor whether an individual falling within subsection (3) complies with each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied);
to report to the court on such matters relating to the individual's compliance as the court may specify in the request.
An individual falls within this subsection if the child arrangements order so made (or the child arrangements order as so varied)—
provides for the child concerned to live with different persons at different times and names the individual as one of those persons;
imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person;
names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or
If the child arrangements order (or the child arrangements order as varied) includes an activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the activity condition.
The court may make a request under subsection (2)—
on making the child arrangements order(or the order varying the child arrangements order), or
at any time during the subsequent course of the proceedings as they relate to contact with the child concerned or to the child's living arrangements.
In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months.
It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2).
The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2).
But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made.
A court may not make a request under subsection (2) in relation to a child arrangements order that is an excepted order (within the meaning given by section 11B(4)).
Where the court makes (or varies) a child arrangements order, it is to attach to the child arrangements order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the child arrangements order.
This section applies if a child arrangements with respect to a child has been made.
If the court is satisfied beyond reasonable doubt that a person has failed to comply with a provision of the child arrangements order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.
But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the provision .
The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities.
The court may make an enforcement order in relation to the child arrangements order only on the application of—
a person who is, for the purposes of the child arrangements order , the person with whom the child concerned lives or is to live;
a person whose contact with the child concerned is provided for in the child arrangements order ;
any individual subject to a condition under section 11(7)(b) or an activity condition imposed by the child arrangements order ; or
the child concerned.
Where the person proposing to apply for an enforcement order in relation to a child arrangements order is the child concerned, the child must obtain the leave of the court before making such an application.
The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
Subsection (2) has effect subject to the restrictions in sections 11K and 11L.
The court may suspend an enforcement order for such period as it thinks fit.
Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.
Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
In Schedule A1—
Part 1 makes provision as regards an unpaid work requirement;
Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.
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A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—
in the case of a failure to comply with a provision of a child arrangements order where the order was varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question;
in any other case, a notice under section 11I relating to the child arrangements order.
A court may not make an enforcement order against a person in respect of any failure to comply with a provision of a child arrangementsorder occurring before the person attained the age of 18.
A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)).
A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales.
Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that—
making the enforcement order proposed is necessary to secure the person's compliance with thechild arrangements order or any child arrangements order that has effect in its place;
the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach ....
Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside.
Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him.
Information about the likely effect of the enforcement order may, in particular, include information as to—
any conflict with the person's religious beliefs;
any interference with the times (if any) at which he normally works or attends an educational establishment.
A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3).
It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.
In making an enforcement order in relation to a child arrangements order, a court must take into account the welfare of the child who is the subject of the contact order.
On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer—
to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order;
to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person;
to report to the court on such other matters relating to the person's compliance as may be specified in the request;
to report to the court if the person is, or becomes, unsuitable to perform work under the requirement.
It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section.
Where the court makes an enforcement order, it is to attach to the order a notice warning of the consequences of failing to comply with the order.
This section applies if a child arrangements order with respect to a child has been made.
If the court is satisfied that— it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss.
an individual has failed to comply with a provision of the child arrangements order, and
a person falling within subsection (6) has suffered financial loss by reason of the breach,
But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the particular provision of the child arrangements order.
The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse.
An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss.
A person falls within this subsection if he is—
a person who is, for the purposes of the child arrangements order, a person with whom the child concerned lives or is to live;
a person whose contact with the child concerned is provided for in the child arrangements order;
an individual subject to a condition under section 11(7)(b) or an activity condition imposed by the contact order; or
the child concerned.
Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application.
The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss.
In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances.
An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him.
Subsection (2) has effect subject to the restrictions in section 11P.
Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order.
In exercising its powers under this section, a court is to take into account the welfare of the child concerned.
A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of—
in the case of a failure to comply with a provision of a child arrangements order where the orderwas varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question;
in any other case, a notice under section 11I relating to the child arrangements order.
A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the failure occurred before the individual attained the age of 18.
A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)).
Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6 of Family Law Reform Act 1969 the Guardianship of Minors Acts 1971 and 1973, the Children Act 1975 and of sections 15 and 16 of the Family Law Reform Act 1987) makes provision in relation to financial relief for children.
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A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians).
A special guardian— and subsections (3) to (6) are to be read in that light.
must be aged eighteen or over; and
must not be a parent of the child in question,
The court may make a special guardianship order with respect to any child on the application of an individual who— or on the joint application of more than one such individual.
is entitled to make such an application with respect to the child; or
has obtained the leave of the court to make the application,
Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order.
The individuals who are entitled to apply for a special guardianship order with respect to a child are—
any guardian of the child;
any individual who is named in a child arrangements order as a person with whom the child is to live;
any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);
a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.;
a relative with whom the child has lived for a period of at least one year immediately preceding the application.
The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if—
an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or
the court considers that a special guardianship order should be made even though no such application has been made.
No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application—
if the child in question is being looked after by a local authority, to that local authority, or
otherwise, to the local authority in whose area the individual is ordinarily resident.
On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—
the suitability of the applicant to be a special guardian;
such matters (if any) as may be prescribed by the Secretary of State; and
any other matter which the local authority consider to be relevant.
The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so.
The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9).
The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).
Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.
This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.
Before making a special guardianship order, the court must consider whether, if the order were made—
a child arrangements order containing contact provision should also be made with respect to the child, . . .
any section 8 order in force with respect to the child should be varied or discharged.
where a provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to that provision should be revoked, and
where an activity direction has been made— that direction should be discharged.
in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or
in other proceedings that relate to such an order,
In subsection (1) “contact provision” means provision which regulates arrangements relating to— but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person.
with whom a child is to spend time or otherwise have contact, or
when a child is to spend time or otherwise have contact with any person;
On making a special guardianship order, the court may also—
give leave for the child to be known by a new surname;
grant the leave required by section 14C(3)(b), either generally or for specified purposes.
The effect of a special guardianship order is that while the order remains in force—
a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and
subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).
Subsection (1) does not affect—
the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or
any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.
While a special guardianship order is in force with respect to a child, no person may— without either the written consent of every person who has parental responsibility for the child or the leave of the court.
cause the child to be known by a new surname; or
remove him from the United Kingdom,
Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.
If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to— but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.
each parent of the child with parental responsibility; and
each guardian of the child,
This section is subject to section 29(7) of the Adoption and Children Act 2002.
The court may vary or discharge a special guardianship order on the application of—
the special guardian (or any of them, if there are more than one);
any parent or guardian of the child concerned;
any individual who is named in a child arrangements order as a person with whom the child is to live;
any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child;
the child himself; or
a local authority designated in a care order with respect to the child.
In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1).
The following must obtain the leave of the court before making an application under subsection (1)—
the child;
any parent or guardian of his;
any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;
any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him.
Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1).
The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order.
In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b))—
draw up a timetable with a view to determining the question without delay; and
give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to.
Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises.
The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that.
A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period.
Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders.
Each local authority must make arrangements for the provision within their area of special guardianship support services, which means— in relation to special guardianship.
counselling, advice and information; and
such other services as are prescribed,
The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.
At the request of any of the following persons— a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions).
a child with respect to whom a special guardianship order is in force;
a special guardian;
a parent;
any other person who falls within a prescribed description,
A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services.
Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.
If— the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review.
a local authority decide to provide any special guardianship support services to a person, and
the circumstances fall within a prescribed description,
The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.
The regulations may in particular make provision—
about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out;
about the way in which a plan is to be prepared;
about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed;
about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan;
as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support);
as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided);
as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area;
as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person.
A local authority may provide special guardianship support services (or any part of them) by securing their provision by— and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section.
another local authority; or
a person within a description prescribed in regulations of persons who may provide special guardianship support services,
A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment.
Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority in England under this section as it applies in relation to the exercise of functions of a local authority under Part 3 and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.
Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him.
Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).
In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.
Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring— to advise, assist and (where appropriate) befriend any person named in the order.
an officer of the Serviceor a Welsh family proceedings officer to be made available; or
a local authority to make an officer of the authority available,
The persons who may be named in an order under this section (“a family assistance order”) are—
any parent , guardian or special guardian of the child;
any person with whom the child is living or who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;
the child himself.
No court may make a family assistance order unless—
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it has obtained the consent of every person to be named in the order other than the child.
A family assistance order may direct— to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.
the person named in the order; or
such of the persons named in the order as may be specified in the order,
Unless it specifies a shorter period, a family assistance order shall have effect for a period of twelve months beginning with the day on which it is made.
If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.
If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).
a family assistance order is in force with respect to a child; and
a section 8 order is also in force with respect to the child,
In subsection (4A) “ contact provision ” means provision which regulates arrangements relating to—
with whom a child is to spend time or otherwise have contact, or
when a child is to spend time or otherwise have contact with any person.
A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—
the authority agree; or
the child concerned lives or will live within their area.
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This section applies to the following functions of officers of the Service or Welsh family proceedings officers—
any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;
any function in connection with an order made by the court in such proceedings.
If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—
make a risk assessment in relation to the child, and
provide the risk assessment to the court.
A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.
It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— by providing a range and level of services appropriate to those children’s needs.
to safeguard and promote the welfare of children within their area who are in need; and
so far as is consistent with that duty, to promote the upbringing of such children by their families,
For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2.
Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare.
The Secretary of State may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there.
Every local authority—
shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C, 23B to 23D, 24A or 24B; and
may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service.
Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
ascertain the child’s wishes and feelings regarding the provision of those services; and
give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or . . . in cash.
Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part).
Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents.
No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
For the purposes of this Part a child shall be taken to be in need if— and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living.
he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part;
his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
he is disabled,
For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part—
in relation to England, the Chief Inspector for England;
“parental responsibility agreement” has the meaning given in section 4(1);
the voluntary organisation by which the home is, at the relevant time, provided; or
“a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and
The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit.
The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.
Every local authority shall provide such day care for children in need within their area who are— as is appropriate.
aged five or under; and
not yet attending schools,
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A local authority may provide facilities (including training, advice, guidance and counselling) for those—
caring for children in day care; or
who at any time accompany such children while they are in day care.
In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis).
Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate—
outside school hours; or
during school holidays.
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In this section “supervised activity” means an activity supervised by a responsible person.
A local authority ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if—
it appears to the authority that the young carer may have needs for support, or
the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support.
An assessment under subsection (1) is referred to in this Part as a “young carer's needs assessment”.
In this Part “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)).
Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for.
But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment.
“Care-related assessment” means—
a young carer's needs assessment;
an assessment under any of the following—
section 1 of the Carers (Recognition and Services) Act 1995;
section 1 of the Carers and Disabled Children Act 2000;
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Part 1 of the Care Act 2014.
A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes.
A local authority, in carrying out a young carer's needs assessment, must have regard to—
the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and
the extent to which the young carer works or wishes to work.
A local authority, in carrying out a young carer's needs assessment, must involve—
the young carer,
the young carer's parents, and
any person who the young carer or a parent of the young carer requests the authority to involve.
A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to—
the young carer,
the young carer's parents, and
any person to whom the young carer or a parent of the young carer requests the authority to give a copy.
Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need.
A local authority ... must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support.
Every local authority in England and Wales shall review—
the provision which they make under section 18;
the extent to which the services of child minders are available within their area with respect to children under the age of eight; and
the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under Part XA.
A review under subsection (1) shall be conducted—
together with the appropriate local education authority; and
at least once in every review period.
Every local authority in Scotland shall, at least once in every review period, review—
the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and
the extent to which the services of child minders are available within their area with respect to children under the age of eight.
In conducting any such review, the two authorities or, in Scotland,the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area.
In this section—
Where an officer of the Serviceor Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to examine and take copies of—
any person who is authorised— after the recovery order is made; and by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order, to exercise any power under a recovery order; and
Section 15(1).
On an application made by a parent , guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with whom a child is to live, the court may make one or more of the orders mentioned in sub-paragraph (2). The orders referred to in sub-paragraph (1) are— The powers conferred by this paragraph may be exercised at any time. An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order. Where a court makes an order under this paragraph— On making, varying or discharging ... a special guardianship order , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule. For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to— Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it.
If, on an application by a person who has reached the age of eighteen, it appears to the court— the court may make one or both of the orders mentioned in sub-paragraph (2). The orders are— An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him. No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household. An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order. In sub-paragraph (3) “periodical payments order” means an order made under— for the making or securing of periodical payments. The powers conferred by this paragraph shall be exercisable at any time. Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order.
The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with sub-paragraph (5) or (6) but— Paragraph (b) of sub-paragraph (1) shall not apply in the case of a child if it appears to the court that— An order for periodical payments made under paragraph 1(2)(a) or 2(2)(a) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order. Where an order is made under paragraph 1(2)(a) or (b) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if — live together for a period of more than six months. Where— For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of— Where— the term to be specified in any such order, or in any interim order under paragraph 9, made on that application may begin with the date on which that maintenance calculation ceased to have effect or, as the case may be, the date with effect from which it was cancelled, or any later date. In sub-paragraph (7)(b)—
In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including— In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to— Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father. The persons mentioned in sub-paragraph (1) are— In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, any reference in sub-paragraph (2), (3) or (4) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.
Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses— to be met. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments. Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.
In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order. The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended. Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, except that, subject to sub-paragraph (9), the date shall not be earlier than the date of the making of the application. An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of sixteen, be made by the child himself. Where an order for the making or securing of periodical payments made under paragraph 1 ceases to have effect on the date on which the child reaches the age of sixteen, or at any time after that date but before or on the date on which he reaches the age of eighteen, the child may apply to the court which made the order for an order for its revival. If on such an application it appears to the court that— the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application. Any order which is revived by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived order. An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian or special guardian of the child concerned. Where— the court may, in exercise of its powers under paragraph 1 to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which the calculation took effect or any later date.
Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of the order shall include the personal representatives of the deceased parent. No application for the variation of the order shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that parent is first taken out. The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the end of the period of six months referred to in sub-paragraph (2) on the ground that they ought to have taken into account the possibility that the court might permit an application for variation to be made after that period by the person entitled to payments under the order. Sub-paragraph (3) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the variation of an order in accordance with this paragraph. Where an application to vary a secured periodical payments order is made after the death of the parent liable to make payments under the order, the circumstances to which the court is required to have regard under paragraph 6(1) shall include the changed circumstances resulting from the death of the parent. The following are to be left out of account when considering for the purposes of sub-paragraph (2) when representation was first taken out— A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing. In this paragraph “secured periodical payments order” means an order for secured periodical payments under paragraph 1(2)(b).
Subject to sub-paragraph (7), the power of the family court— shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of sub-paragraph (1) as it applies for the purposes of that section. Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991, the court shall have regard to any representations made by the parties to the application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . None of the powers of the court ..., conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This paragraph applies where a child arrangements order to which sub-paragraph (1A) applies or a special guardianship order is made with respect to a child at a time when there is in force an order (“the financial relief order") made under any enactment other than this Act and requiring a person to contribute to the child’s maintenance. This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— Where this paragraph applies, the court may, on the application of— make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order.
Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order— An interim order made under this paragraph may provide for payments to be made from such date as the court may specify except that, subject to paragraph 3(5) and (6), the date shall not be earlier than the date of the making of the application under paragraph 1 or 2. An interim order made under this paragraph shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order. An interim order in which a date has been specified for the purposes of sub-paragraph (3) may be varied by substituting a later date.
In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which— and any such provisions are in this paragraph, and paragraph 11, referred to as “financial arrangements”. Subject to sub-paragraph (2A), where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, either party may apply to the court for an order under this paragraph. If an application or part of an application relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18. In sub-paragraph (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague. If the court to which the application is made is satisfied either— then that court may by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances. If the maintenance agreement is altered by an order under this paragraph, the agreement shall have effect thereafter as if the alteration had been made by agreement between the parties and for valuable consideration. Where a court decides to make an order under this paragraph altering the maintenance agreement— then, in deciding the term for which under the agreement as altered by the order the payments or (as the case may be) the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of sub-paragraphs (1) and (2) of paragraph 3 as if the order were an order under paragraph 1(2)(a) or (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the avoidance of doubt it is hereby declared that nothing in this paragraph affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings. In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in sub-paragraph (1)(a) to the child's father is a reference to the woman who is a parent of the child by virtue of that section.
Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or the family court for an order under paragraph 10. If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration. An application under this paragraph shall not, except with leave of the High Court or the family court, be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out. The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out— A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period. Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph.
Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by the family court under this Act shall give notice of any change of address to such person (if any) as may be specified in the order. Any person failing without reasonable excuse to give such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where the High Court or the family court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the conveyancing counsel of the court to settle a proper instrument to be executed by all necessary parties.
The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application— The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application.
Where a child lives, or is to live, with a person as the result of a child arrangements order, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child. Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife or civil partner of a parent of the child.
In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person. In this Schedule, except paragraphs 2 and 15, “parent” includes— and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents. In this Schedule, “maintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section.
Sections 17, 23 and 29.
Every local authority shall take reasonable steps to identify the extent to which there are children in need within their area. Every local authority shall—
Every local authority shall open and maintain a register of disabled children within their area. The register may be kept by means of a computer.
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Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under—
the Chronically Sick and Disabled Persons Act 1970;
Part IV of the Education Act 1996;
the Disabled Persons (Services, Consultation and Representation) Act 1986; or
Part 3 of the Children and Families Act 2014;
any other enactment.
Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area suffering ill-treatment or neglect. Where a local authority believe that a child who is at any time within their area— they shall inform that other local authority or the local authority in Wales, as the case may be. When informing that other local authority or the local authority in Wales they shall specify—
Where— the authority may assist that other person to obtain alternative accommodation. Assistance given under this paragraph may be in cash. Subsections (7) to (9) of section 17 shall apply in relation to assistance given under this paragraph as they apply in relation to assistance given under that section.
Every local authority shall provide services designed— The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the Secretary of State.
to minimise the effect on disabled children within their area of their disabilities; and
to give such children the opportunity to lead lives which are as normal as possible.
Every local authority shall take reasonable steps designed—
to reduce the need to bring—
proceedings for care or supervision orders with respect to children within their area;
criminal proceedings against such children;
any family or other proceedings with respect to such children which might lead to them being placed in the authority’s care; or
proceedings under the inherent jurisdiction of the High Court with respect to children;
to encourage children within their area not to commit criminal offences; and
to avoid the need for children within their area to be placed in secure accommodation within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014.
Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within their area while they are living with their families—
advice, guidance and counselling;
occupational, social, cultural or recreational activities;
home help (which may include laundry facilities);
facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Act or of any similar service;
assistance to enable the child concerned and his family to have a holiday.
Every local authority shall provide such family centres as they consider appropriate in relation to children within their area. “Family centre” means a centre at which any of the persons mentioned in sub-paragraph (3) may— The persons are—
Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family— if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare.
to enable him to live with his family; or
to promote contact between him and his family,
Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children. “Accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86 or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities). The services shall be provided with a view to promoting contact between each accommodated child and that child's family. The services may, in particular, include— Nothing in this paragraph affects the duty imposed by paragraph 10.
Every local authority shall, in making any arrangements— have regard to the different racial groups to which children within their area who are in need belong.
for the provision of day care within their area; or
designed to encourage persons to act as local authority foster parents,
This Schedule applies only in relation to local authorities in England. Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England.
Regulations under section 23(2)(a) may, in particular, make provision—
with regard to the welfare of children placed with local authority foster parents;
as to the arrangements to be made by local authorities in connection with the health and education of such children;
as to the records to be kept by local authorities;
for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed;
for securing that where possible the local authority foster parent with whom a child is to be placed is—
of the same religious persuasion as the child; or
gives an undertaking that the child will be brought up in that religious persuasion;
for securing that children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it;
as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged, on their behalf.
Regulations under section 23(2)(f) may, in particular, make provision as to—
the persons to be notified of any proposed arrangements;
the opportunities such persons are to have to make representations in relation to the arrangements proposed;
the persons to be notified of any proposed changes in arrangements;
the records to be kept by local authorities;
the supervision by local authorities of any arrangements made.
Regulations under section 23(5) may, in particular, impose requirements on a local authority as to—
the making of any decision by a local authority to allow a child to live with any person falling within section 23(4) (including requirements as to those who must be consulted before the decision is made, and those who must be notified when it has been made);
the supervision or medical examination of the child concerned;
the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom he has been allowed to live.
the records to be kept by local authorities.
Where a child is being looked after by a local authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and— Where a child is being looked after by a local authority— Where a local authority (“the receiving authority") take over the provision of accommodation for a child from another local authority or a local authority in Wales (“the transferring authority") under section 20(2)— Nothing in this paragraph requires a local authority to inform any person of the whereabouts of a child if— Any person who fails (without reasonable excuse) to comply with sub-paragraph (2)(b) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. It shall be a defence in any proceedings under sub-paragraph (5) to prove that the defendant was residing at the same address as another person who was the child’s parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address.
Regulations under section 22C may, in particular, impose requirements on a local authority as to—
the making of any decision by a local authority to allow a child in their care to live with any person falling within section 22C(3) (including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made);
the supervision or medical examination of the child concerned;
the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom the child has been allowed to live;
the records to be kept by local authorities.
This paragraph applies where— The authority may— The conditions are that—
Regulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to—
the persons to be notified of any proposed arrangements;
the opportunities such persons are to have to make representations in relation to the arrangements proposed;
the persons to be notified of any proposed changes in arrangements;
the records to be kept by local authorities;
the supervision by local authorities of any arrangements made.
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Regulations under section 22C may, in particular, impose requirements which a local authority must comply with—
before a child looked after by them is provided with accommodation at a place outside the area of the authority; or
if the child's welfare requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be prescribed.
While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into. Where a local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not they are still looking after the person concerned) undertake the like obligation under any supplemental deed or articles.
Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage or within sub-paragraph (3). A child is “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 or 7 of the Education 2002 (see section 82 and 103 of that Act). A child is within this sub-paragraph if the child— In sub-paragraph (3)—
A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the court. A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales. The court shall not give its approval under sub-paragraph (1) unless it is satisfied that— Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person. Where a person whose consent is required by sub-paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person— Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) shall not apply in the case of any child who is to live outside England and Wales with the approval of the court given under this paragraph. Where a court decides to give its approval under this paragraph it may order that its decision is not to have effect during the appeal period. In sub-paragraph (7) “the appeal period” means— This paragraph does not apply —
Regulations under section 22C may, in particular, make provision—
with regard to the welfare of children placed with local authority foster parents;
as to the arrangements to be made by local authorities in connection with the health and education of such children;
as to the records to be kept by local authorities;
for securing that where possible the local authority foster parent with whom a child is to be placed is—
of the same religious persuasion as the child; or
gives an undertaking that the child will be brought up in that religious persuasion;
for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it.
Regulations under section 22C may, in particular, also make provision— A determination is a qualifying determination if— Regulations made by virtue of sub-paragraph (1)(b) may include provision as to— Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the Secretary of State such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination. The Secretary of State must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions. The Secretary of State may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf. If the Secretary of State makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority. The arrangement may include provision for payments to be made to the organisation by the Secretary of State. Payments made by the Secretary of State in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In this paragraph—
Regulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf.
If a child who is being looked after by a local authority dies, the authority— The conditions are that— Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion. Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them. Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt. Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person.
It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him.
A local authority shall have the following additional functions in relation to an eligible child whom they are looking after. In sub-paragraph (1) “ eligible child ” means, subject to sub-paragraph (3), a child who— The Secretary of State may prescribe— For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act— and shall then prepare a pathway plan for him. The local authority shall keep the pathway plan under regular review. Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26. The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4). The regulations may in particular provide for the matters set out in section 23B(6).
This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority ... with a local authority foster parent. When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her. The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if— In this paragraph, “ staying put arrangement ” has the meaning given by section 23CZA.
A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser.
Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor"). An authority may only recover contributions from a contributor if they consider it reasonable to do so. The persons liable to contribute are— A parent is not liable to contribute during any period when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support underPart VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit, of an income-based jobseeker's allowance or of an income-related employment and support allowance. A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is living with, under arrangements made by the authority in accordance with section 22C, a parent of his. A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule. The cases are where the child is looked after by a local authority under—
Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice") on the contributor specifying— The contribution notice must be in writing and dated. Arrangements for payment shall, in particular, include— The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by them for all children looked after by them. The authority may not specify in a contribution notice a weekly sum greater than that which they consider— An authority may at any time withdraw a contribution notice (without prejudice to their power to serve another). Where the authority and the contributor agree— (whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid. A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice. Sub-paragraph (7) is without prejudice to any other method of recovery.
Where a contributor has been served with a contribution notice and has— the authority may apply to the court for an order under this paragraph. On such an application the court may make an order (“a contribution order") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court. A contribution order— A contribution order shall not— An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn. Where— the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect. Where an agreement is reached under sub-paragraph (6) the authority shall notify the court— A contribution order may be varied or revoked on the application of the contributor or the authority. In proceedings for the variation of a contribution order, the authority shall specify— Where a contribution order is varied, the order— An appeal shall lie in accordance with rules of court from any order made under this paragraph.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may— collect from the contributor any contributions due on behalf of the authority who served the notice. In sub-paragraph (2) the reference to any other local authority includes a reference to— The power to collect sums under sub-paragraph (2) includes the power to— even though those contributions may have fallen due at a time when the contributor was living elsewhere. Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice. In any proceedings under this paragraph, a document which purports to be— shall be evidence of the order. In any proceedings under this paragraph, a certificate which— shall be evidence that the sum is overdue and unpaid.
The Secretary of State may make regulations—
as to the considerations which a local authority must take into account in deciding—
whether it is reasonable to recover contributions; and
what the arrangements for payment should be;
as to the procedures they must follow in reaching agreements with—
contributors (under paragraphs 22 and 23); and
any other local authority under paragraph 24(2).
Sections 35 and 36.
In this Schedule, “the responsible person”, in relation to a supervised child, means—
any person who has parental responsibility for the child; and
any other person with whom the child is living.
A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things— It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives. Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5).
With the consent of any responsible person, a supervision order may include a requirement— A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him. A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s.
A supervision order may require the supervised child— Any such examination shall be required to be conducted— A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that— No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that—
Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the Mental Health Act 1983, that the mental condition of the supervised child— the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified. The treatment specified in accordance with sub-paragraph (1) must be— Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified. The treatment specified in accordance with sub-paragraph (3) must be— No court shall include a requirement under this paragraph in a supervision order unless it is satisfied— If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that— the practitioner shall make a report in writing to that effect to the supervisor. On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement.
Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made. A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child. Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify. A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made.
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A supervision order may require the supervised child— The responsible person in relation to any child with respect to whom a supervision order is made shall—
A supervision order shall not designate a local authority as the supervisor unless— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which—
was made with respect to that child; and
would otherwise continue in force.
The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order. Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order.
Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor— Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of— including, in particular, their wishes as to the place at which the child should be educated. When settling the terms of any such directions, the supervisor shall give due consideration— Directions may be given under this paragraph at any time while the education supervision order is in force.
Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order. Where an education supervision order is made with respect to a child—
This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173 of the Sentencing Code), are in force at the same time with respect to the same child. Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction or instruction given under the other order.
An education supervision order shall have effect for a period of one year, beginning with the date on which it is made. An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force. Such an application may not be made earlier than three months before the date on which the order would otherwise expire. The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion. No one extension may be for a period of more than three years. An education supervision order shall cease to have effect on— and sub-paragraphs (1) to (4) are subject to this sub-paragraph.
An education supervision order may require the child— A person who is the parent of a child with respect to whom an education supervision order has been made shall—
The court may discharge any education supervision order on the application of— On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child.
If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence. It shall be a defence for any person charged with such an offence to prove that— A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local authority designated in the order shall notify the appropriate local authority, if different. Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child. In this paragraph “the appropriate local authority” has the same meaning as in section 36.
The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders.
In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996.).
Section 53(6).
The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any . . . home which is designated as a controlled or assisted community home. Sub-paragraph (3) applies where two or more . . . homes are designated as controlled community homes or as assisted community homes. If— a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them. The number of persons who, in accordance with an instrument of management, constitute the body of managers for a . . . home shall be such number (which must be a multiple of three) as may be specified in the instrument. The instrument shall provide that the local authority specified in the instrument shall appoint— An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument— An instrument of management shall come into force on such date as it may specify. If an instrument of management is in force in relation to a . . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation. In this paragraph—
An instrument of management shall contain such provisions as the Secretary of State considers appropriate. Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held. Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions— Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned. After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument.
The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management. The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided. In this paragraph— The functions of a home’s responsible body shall be exercised through the managers , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person.. Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed. In so far as any matter is reserved for the decision of a home’s responsible body by— that matter shall be dealt with by the body and not by the managers. In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers. The employment of persons at a home shall be a matter reserved for the decision of the responsible body. Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home. Subject to sub-paragraph (11)— Paragraphs (a) and (b) of sub-paragraph (10) shall not apply— The accounting year of the managers of a home shall be such as may be specified by the responsible body. Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year. Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body. The managers of a home shall keep— Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates.
The Secretary of State may make regulations— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 60(4).
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The appropriate national authority may make regulations— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 63(11).
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The Secretary of State may make regulations— The regulations may in particular— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 63(12).
For the purposes of this Schedule, a person fosters a child if—
he is a local authority foster parent in relation to the child;
he is a foster parent with whom the child has been placed by a voluntary organisation; or
he fosters the child privately.
Subject to what follows, a person may not foster more than three children (“the usual fostering limit").
A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other.
A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives. In considering whether to exempt a person, a local authority shall have regard, in particular, to— Where a local authority exempt a person, they shall inform him by notice in writing— A local authority may at any time by notice in writing— and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2). The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency.
This paragraph applies to a person fostering in England. A person shall cease to be treated , for the purposes of this Act and the Care Standards Act 2000 as fostering and shall be treated , for the purposes of this Act and the Care Standards Act 2000 as carrying on a children’s home if— Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other.
This paragraph applies to a person (P) fostering in Wales. Sub-paragraph (3) applies where— Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service. But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other.
Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph. In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph.
Section 66(5).
A child is not a privately fostered child while he is being looked after by a local authority.
A child is not a privately fostered child while he is in the care of any person— Sub-paragraph (1)(c) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question.
A child is not a privately fostered child while he is in the care of any person in compliance with—
a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code;
a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.
A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the Mental Health Act 1983.
A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of— or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).
section 2 of the Adoption and Children Act 2002;
section 1 of the Adoption Act 1976;
section 1 of the Adoption (Scotland) Act 1978; or
Article 3 of the Adoption (Northern Ireland) Order 1987; or
section 119 of the Adoption and Children (Scotland) Act 2007; or
Article 3 of the Adoption (Northern Ireland) Order 1987
Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to— and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out. A requirement may be limited to a particular child, or class of child. A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number. A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of— A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement. In this Schedule—
The Secretary of State may by regulations make provision as to— The regulations may, in particular—
Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.
A person aggrieved by— may appeal to the court. The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation. Where the appeal is against— the requirement, condition, variation or cancellation shall not have effect while the appeal is pending. Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition— Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69. Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may— Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule. Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on—
No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address.
A person who fosters a child privately and for reward shall be deemed for the purposes of the Life Assurance Act 1774 to have no interest in the life of the child.
Section 71(16).
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Where— they shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to them such fee as may be prescribed. It shall be a condition of the continued registration of that person under section 71 that the fee is so paid before the expiry of the period of twenty-eight days beginning with the date on which the inspection is carried out.
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Section 88.
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section 27(1) and (2) (restrictions on removal where adoption agreed or application made under section 18); and
section 28(1) and (2) (restrictions on removal where applicant has provided home for 5 years),
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Board or adoption society falling within subsection (6) which is providing counselling for that adopted person.
in subsection (7)—
for the word “under” there shall be substituted “from a local authority, Board or adoption society falling within”;
for the words “or adoption society which is providing that counselling” there shall be substituted “, Board or adoption society”; and
after the word “authority” where it second occurs there shall be inserted “, Board”; and
after subsection (9) there shall be inserted the following subsection—
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in subsection (1) after the word “Scotland” there shall be inserted “or Northern Ireland”; and
in subsection (3) for the words “word “England”” there shall be substituted “words “(England)” or “(Northern Ireland)””.
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in subsection (1) for the words “Great Britain” there shall be substituted “the United Kingdom”; and
for subsection (2) there shall be substituted—
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in the definition of “adoption agency”, at the end there shall be added “and an adoption agency within the meaning of Article 3 of the Adoption (Northern Ireland) Order 1987 (adoption agencies in Northern Ireland)”;
“adoption order”—
“British adoption order” means—
in the definition of “order freeing a child for adoption” for the words from “section 27(2)” to the end there shall be substitutedsections 27(2) and 53 includes an order under—.
Section 92.
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In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court", which is spent, shall be omitted.
In the Domestic Proceedings and Magistrates’ Courts Act 1978—
for the words “domestic proceedings", whereverever they occur in section 88(1), there shall be substituted “family proceedings";
for the words “domestic court panel", wherever they occur in section 16(5)(b), there shall be substituted “family panel".
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for the words “domestic proceedings”, wherever they occur in section 16(5), there shall be substituted “family proceedings”;
for the words “domestic court”, wherever they occur in section 17(3), there shall be substituted “family proceedings court”;
for the words “domestic courts”, wherever they occur in sections 38(2) and 58(1) and (5), there shall be substituted “family proceedings courts”.
In the Magistrates’ Courts Act 1980—
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In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end—.
In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings", wherever they occur, there shall be substituted “ family proceedings" ”.
In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted. In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings" and “family proceedings" there shall be substituted—
Section 108(4).
The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect.
In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person" there shall be inserted “ , or the legal guardian of a child or young person," ”.
Section 40 of that Act shall cease to have effect.
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In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act" there shall be substituted “ subsection (1A) of this section" ”. After that subsection there shall be inserted—
Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows. In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted— After sections 10(1) and 10A(1) there shall be inserted— In section 10(2) for the words “or (d)" there shall be substituted “ to (g)" ”. “parental responsibility agreement” has the same meaning as in the Children Act 1989 In section 10A(2) in paragraphs (b) and (c) for the words “paragraph (d)" in both places where they occur there shall be substituted “ any of paragraphs (d) to (g)" ”.
In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local authority in England or Wales" there shall be substituted “ being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)" ”.
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Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 7 in relation to section 151(1A) of the Army Act 1955.
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Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect.
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After section 46 of that Act there shall be inserted—
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Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect.
In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words “section 1 of this Act" there shall be substituted “ Part IV of the Children Act 1989" ”.
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For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted—
In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections— In subsection (2B) of that section for the words “person referred to in subsection (1A)(a) or (b) (as the case may be) of this section" there shall be substituted “ responsible person" ”.
In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)—
in paragraph (a), for the words “13(2) or 28(4) or (5)" there shall be substituted “ or 13(2)" ”; and
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In section 70(1) of that Act (interpretation)—
“local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989)
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In section 73 of that Act (extent, etc.)—
in subsection (4)(a) for “32(1), (3) and (4)" there shall be substituted “ 32(1) to (1C) and (2A) to (4)" ”; and
in subsection (6) for “32(1), (1A)" there shall be substituted “ 32(1) to (1C)" ”.
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In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect.
In section 52(1) of that Act (interpretation), in the definition of “child of the family", for the words “has been boarded-out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”.
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Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied only in relation to Part I and sections 13, 24, 64 and 65 of that Act (provisions excluded by section 2(1)(f) of the Family Law Reform Act 1987 from the application of the general rule in that Act governing the meaning of references to relationships between persons).
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Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows. For subsections (2) to (4) there shall be substituted— In subsection (5) for the words from “but" to the end there shall be substituted— For subsection (7) there shall be substituted— In subsection (8) for the words from “or voluntary organisation" to “custodianship proceedings or" there shall be substituted “ detained in a place of safety, remanded to a local authority accommodation or the subject of" ”.
In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject" to “above" there shall be substituted “ Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below." ” For subsection (2) of that section there shall be substituted—
At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be addedand
The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows. In paragraph 1(1) for the words “or voluntary organisation" there shall be substituted “ within the meaning of the Children Act 1989" ”. For paragraph 2(1) there shall be substituted— In paragraph 3(1)— In paragraph 3(2)(a)— At the end of paragraph 3 there shall be added—. For paragraph 5 there shall be substituted—
In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)—
for the words “he is— (a)" there shall be substituted “ (a) he is" ”; and
the words “for a period of more than 6 days" and the words from “The period" to the end shall cease to have effect..
In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted—
In section 7(1) of that Act (persons disqualified from keeping foster children)—
the word “or" at the end of paragraph (e) shall be omitted; and
after paragraph (f) there shall be insertedor .
In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to visit etc. disabled person), after paragraph (d) there shall be inserted—
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Section 108(5).
In section 1 of the Wills Act 1837 (interpretation), in the definition of “will", for the words “and also to a disposition by will and testament or devise of the custody and tuition of any child" there shall be substituted “ and also to an appointment by will of a guardian of a child" ”.
In section 1(1) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen) for the words “has the custody, charge or care of" there shall be substituted “ has responsibility for" ”.
In the following sections of that Act— for the words “the custody, charge or care of" there shall, in each case, be substituted “ responsibility for" ”.
3(1) (allowing persons under sixteen to be in brothels);
4(1) and (2) (causing or allowing persons under sixteen to be used for begging);
11 (exposing children under twelve to risk of burning); and
25(1) (restrictions on persons under eighteen going abroad for the purpose of performing for profit),
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For section 17 of that Act (interpretation of Part I) there shall be substituted the following section—
In section 34 of that Act (attendance at court of parent of child or young person charged with an offence etc.), in subsection (1) after the word “offence" there shall be inserted “ is the subject of an application for a care or supervision order under Part IV of the Children Act 1989" ”. In subsection (7) of that section after the words “Children and Young Persons Act 1969" there shall be inserted “ or Part IV of the Children Act 1989" ”. After subsection (7) of that section there shall be inserted—
In section 107(1) of that Act (interpretation)—
in the definition of “guardian", for the words “charge of or control over" there shall be substituted “ care of" ”;
for the definition of legal guardian there shall be substituted—.
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In section 21(1)(a) of the National Assistance Act 1948 (persons for whom local authority is to provide residential accommodation) after the word “persons" there shall be inserted “ aged eighteen or over" ”. In section 29(1) of that Act (welfare arrangements for blind, deaf, dumb and crippled persons) after the words “that is to say persons" and after the words “and other persons" there shall, in each case, be inserted “ aged eighteen or over" ”.
For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted—
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In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted—.
In section 176(1) of the Factories Act 1961 (interpretation), in the definition of “parent", for the words from “or guardian" to first “young person" there shall be substituted “ of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989)" ”.
In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words “in the care of a local authority" there shall be substituted “ remanded to local authority accommodation." ”
In section 64(3)(a) of the Health Services and Public Health Act 1968 (meaning of “relevant enactments” in relation to power of Minister of Health or Secretary of State to provide financial assistance), for sub-paragraph (xix) inserted by paragraph 19 of Schedule 5 to the Child Care Act 1980 there shall be substituted— In section 65(3)(b) of that Act (meaning of “relevant enactments” in relation to power of local authority to provide financial and other assistance), for sub-paragraph (xx) inserted by paragraph 20 of Schedule 5 to the Child Care Act 1980 there shall be substituted—
In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted—.
In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words “and (j)" there shall be substituted “ to (k)" ”.
In section 21(3) of that Act (mode of provision of accommodation and maintenance) for the words “section 21 of the Child Care Act 1980" there shall be substituted “ section 23 of the Children Act 1989" ”.
In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from “Children and Young Persons Act 1969" to the end there shall be substituted “ Children Act 1989, but as if section 31(8) were omitted" ”.
In section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.
In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of residence), the words “the Child Care Act 1980 or” shall be omitted and after the words “education authority" there shall be inserted “ or placed with local authority foster parents under the Children Act 1989" ”.
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In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social service committee)— Children Act 1989. Welfare reports. The whole Act, in so far as it confers functions on a local authority within the meaning of that Act. Consent to application for residence order in respect of child in care. Family assistance orders. Functions under Part III of the Act (local authority support for children and families). Care and supervision. Protection of children. Functions in relation to community homes, voluntary homes and voluntary organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children. Inspection of children’s homes on behalf of Secretary of State. Research and returns of information. Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools.
After section 28 of the Chronically Sick and Disabled Persons Act 1970 there shall be inserted—
In Part I of Schedule 9 to the Courts Act 1971 (substitution of references to Crown Court), in the entry relating to the Children and Young Persons Act 1969, for the words “Sections 2(12), 3(8), 16(8), 21(4)(5)" there shall be substituted “ Section 16(8)." ”.
In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies), in paragraph 7, for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.
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In section 102(1) of the Local Government Act 1972 (appointment of committees) for the words “section 31 of the Child Care Act 1980" there shall be substituted “ section 53 of the Children Act 1989" ”. In Schedule 12A to that Act (access to information: exempt information), in Part III (interpretation), in paragraph 1(1)(b) for the words “section 20 of the Children and Young Persons Act 1969" there shall be substituted “ section 31 of the Children Act 1989" ”.
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In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows— In paragraph 11(3) of that Schedule—
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Section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under the Act) shall be amended as follows. For paragraph (c) there shall be substituted— For paragraph (d) there shall be substituted—.
For section 8 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (orders for the custody of children) there shall be substituted—
In section 19(3A)(b) (interim orders) for the words “subsections (2) and" there shall be substituted “ subsection" ”.
For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted—
For section 20A of that Act (revival of orders for periodical payments) there shall be substituted—
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In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words “6 or 11(2)" there shall be substituted “ or 6" ”. In subsection (2) of that section—
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In section 88(1) of that Act (interpretation)—
in the definition of “child", for the words from “an illegitimate" to the end there shall be substituted “ a child whose father and mother were not married to each other at the time of his birth" ”; and
in the definition of “child of the family", for the words “being boarded-out with those parties" there shall be substituted “ placed with those parties as foster parents" ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For section 62(5) of that Act (payments to children) there shall be substituted—.
In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal)— In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)— In Schedule 1 to that Act (distribution of business in High Court), for paragraph 3(b)(ii) there shall be substituted—.
In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in subsection (9A) for the words “the Children and Young Persons Act 1933, the Children and Young Persons Act 1969" there shall be substituted “ the Children Act 1989" ”.
In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words “section 47 or 51 of the Child Care Act 1980" there shall be substituted “ paragraph 23 of Schedule 2 to the Children Act 1989" ”.
For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section— Section 28 of that Act (nearest relative of minor under guardianship, etc.) is amended as mentioned in sub-paragraphs (3) and (4). For subsection (1) there shall be substituted— For subsection (3) there shall be substituted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words “a ward of court" there shall be inserted “ or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors" ”.
In section 37(14) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) after the words “Children and Young Persons Act 1969" there shall be inserted “ or in Part IV of the Children Act 1989" ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After that subsection there shall be inserted—. In subsection (8) of that section for the words “Children and Young Persons Act 1969" there shall be substituted “ Children Act 1989" ”.
In section 39(4) of that Act (responsibilities in relation to persons detained) for the words “transferred to the care of a local authority in pursuance of arrangements made" there shall be substituted “ moved to local authority accommodation" ”.
In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words “Sections 28(2) and" there shall be substituted “ Section" ”.
In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning of “surrogate mother", etc.) for the words “the parental rights being exercised" there shall be substituted “ parental responsibility being met" ”.
In section 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court’s powers suspended), for the words “any other order under section 1(2) of the Children and Young Persons Act 1969" there shall be substituted “ a supervision order under section 31 of the Children Act 1989" ”. At the end of section 27 of that Act (interpretation), there shall be added— In Part I of Schedule 3 to that Act (orders in England and Wales which are custody orders for the purposes of the Act), for paragraph 1 there shall be substituted—
In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the appointment of authorised representatives of disabled persons)—
in paragraph (a), for the words “parent or guardian of a disabled person under the age of sixteen" there shall be substituted—; and
in paragraph (b), for the words “in the care of" there shall be substituted “ looked after by" ”.
Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows. In subsection (3)(a) for the words from second “the" to “by" there shall be substituted “ for the words “if so requested by the disabled person" there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)">." ” In subsection (5) after paragraph (b) there shall be inserted—. After paragraph (c) of subsection (5) there shall be inserted—.
In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian" there shall be substituted “ other person who is not a parent of his but who has parental responsibility for him" ”.
In section 16 of that Act (interpretation) in the definition of “disabled person", in paragraph (a) for the words from “means" to “applies" there shall be substitutedmeans— . “parental responsibility” has the same meaning as in the Children Act 1989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Family Law Act 1986 shall be amended as follows. Subject to paragraphs 63 to 71, in Part I— For section 42(7) (general interpretation of Part I) there shall be substituted—
In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For subsections (3) to (5) of that section there shall be substituted—
For section 2 there shall be substituted the following sections—
In section 3 (habitual residence or presence of child concerned) in subsection (1) for “section 2" there shall be substituted “section 2(2)". In subsection (2) of that section for the words “proceedings for divorce, nullity or judicial separation" there shall be substituted “matrimonial proceedings".
In section 6 (duration and variation of Part I orders), for subsection (3) there shall be substituted the following subsections— In subsection (5) of that section for the words from “variation of" to “if the ward" there shall be substituted “ variation of a section 1(1)(d) order if the child concerned" ”. For subsections (6) and (7) of that section there shall be substituted the following subsections—
For section 7 (interpretation of Chapter II) there shall be substituted—
In each of the following sections— for “4(5)" there shall be substituted “ 2A(4)" ”.
section 11(2)(a) (provisions supplementary to sections 9 and 10),
section 13(5)(a) (jurisdiction ancillary to matrimonial proceedings),
section 20(3)(a) (habitual residence or presence of child),
section 21(4)(a) (jurisdiction in divorce proceedings, etc.), and
section 23(4)(a) (duration and variation of custody orders),
In each of the following sections— for “section 1(1)(d)" there shall be substituted “ section 1(1)(e)" ”.
section 19(2) (jurisdiction in cases other than divorce, etc.),
section 20(6) (habitual residence or presence of child), and
section 23(5) (duration and variation of custody orders),
In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted—.
In section 42 (general interpretation of Part I), in subsection (4)(a) for the words “has been boarded out with those parties" there shall be substituted “ is placed with those parties as foster parents" ”. In subsection (6) of that section, in paragraph (a) after the word “person" there shall be inserted “ to be allowed contact with or" ”.
In Schedule 1 to the Local Government Act 1988 (competition) at the end of paragraph 2(4) (cleaning of buildings: buildings to which competition provisions do not apply) for paragraph (c) there shall be substituted—
Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph (i), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”.
Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In paragraph (e), for the words “section 8 of the Foster Children Act 1980" there shall be substituted “ section 67 of the Children Act 1989" ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 108(6).
Subject to sub-paragraphs (1A) and (4), nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision. Proceedings pursuant to section 7(2) of the Family Law Reform Act 1969 (committal of wards of court to care of local authority) or in the exercise of the High Court’s inherent jurisdiction with respect to children which are pending in relation to a child who has been placed or allowed to remain in the care of a local authority shall not be treated as pending proceedings after 13th October 1992 for the purposes of this Schedule if no final order has been made by that date pursuant to section 7(2) of the 1969 Act or in the exercise of the High Court’s inherent jurisdiction in respect of the child’s care. The repeals are those of— For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement. Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made. An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate.
Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a youth court under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day.
Where, immediately before the day on which Parts I and II come into force, there was in force— the declaration or, as the case may be, the order shall cease to have effect on that day.
a declaration under section 42(3) of the Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); or
an order under section 38(1) of the Sexual Offences Act 1956 divesting a person of authority over a girl or boy in a case of incest;
Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987 (order giving father parental rights and duties in relation to a child), then, on and after that day, the order shall be deemed to be an order under section 4 of this Act giving the father parental responsibility for the child.
In paragraphs 6 to 11 “an existing order” means any order which— The enactments are— For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access.
Where— each parent shall have parental responsibility for the child in accordance with section 2 as modified by sub-paragraph (3). Where— section 2 shall apply as modified by sub-paragraphs (3) and (4). The modification is that for section 2(8) there shall be substituted—. The modifications are that—
Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have parental responsibility for him so long as he continues to have that custody or care and control by virtue of the order. Where sub-paragraph (1) applies, Parts I and II and paragraph 15 of Schedule I shall have effect as modified by this paragraph. The modifications are that—
Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that order ceases to have effect. Section 5 shall have effect as if— Section 10 shall have effect as if for subsection (5)(c)(i) there were substituted—. Section 20 shall have effect as if for subsection (9)(a) there were substituted “ who has care and control of the child by virtue of an existing order." ” Section 23 shall have effect as if for subsection (4)(c) there were substituted— In Schedule 1, paragraphs 1(1) and 14(1) shall have effect as if for the words “in whose favour a residence order is in force with respect to the child" there were substituted “ who has been given care and control of the child by virtue of an existing order" ”.
Sub-paragraphs (2) to (4) apply where a person has access by virtue of an existing order. Section 10 shall have effect as if after subsection (5) there were inserted— Section 16(2) shall have effect as if after paragraph (b) there were inserted— Sections 43(11), 44(13) and 46(10), shall have effect as if in each case after paragraph (d) there were inserted—
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The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order. Where the court makes any section 8 order (other than a residence order) with respect to a child with respect to whom any existing order is in force, the existing order shall have effect subject to the section 8 order. The court may discharge an existing order which is in force with respect to a child— A child may not apply for the discharge of an existing order except with the leave of the court. The power in sub-paragraph (3) to discharge an existing order includes the power to discharge any part of the order In considering whether to discharge an order under the power conferred by sub-paragraph (3) the court shall, if the discharge of the order is opposed by any party to the proceedings, have regard in particular to the matters mentioned in section 1(3).
Any appointment of a person as guardian of a child which— shall (subject to sub-paragraph (2)) be deemed, on and after the commencement of section 5, to be an appointment made and having effect under that section. Where an appointment of a person as guardian of a child has effect under section 5 by virtue of sub-paragraph (1)(a)(ii), the appointment shall not have effect for a period which is longer than any period specified in the order.
Any appointment of a person to be a guardian of a child— shall take effect in accordance with section 5 (as modified, where it applies, by paragraph 8(2)).
which was made as mentioned in paragraph 12(1)(a)(i); but
which, immediately before the commencement of section 5, had not taken effect,
For the purposes of the Wills Act 1837 and of this Act any disposition by will and testament or devise of the custody and tuition of any child, made before the commencement of section 5 and paragraph 1 of Schedule 13, shall be deemed to be an appointment by will of a guardian of the child.
Where this sub-paragraph applies, then, on and after the day on which Part IV commences— and the provisions of this Act shall apply accordingly, subject to paragraph 16.
Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a) . . . of that paragraph. Where the person would otherwise have remained in care until reaching the age of nineteen, by virtue of— this Act applies as if in section 91(12) for the word “eighteen" there were substituted “ nineteen" ” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where in respect of a child who has been placed or allowed to remain in the care of a local authority pursuant to section 7(2) of the Family Law Reform Act 1969 or in the exercise of the High Court’s inherent jurisdiction and the child is still in the care of a local authority, proceedings have ceased by virtue of paragraph 1 (1A) to be treated as pending, paragraph 15(2) shall apply on 14th October 1992 as if the child was in care pursuant to an order as specified in paragraph 15(1)(e)(ii) or (h) as the case may be. Sub-paragraphs (5) and (6) only applywhere a child who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(e) to (h)of that paragraph. Subject to sub-paragraph (6),Where a court, on making the order, or at any time thereafter, gave directions - as to the exercise by the authority of any powers, those directions shall , subject to the provisions of section 25 of this Act and of any regulations made under that section,continue to have effect (regardless of any conflicting provision in this Act other than section 25) until varied or discharged by a court under this sub-paragraph. Where directions referred to in sub-paragraph (5) are to the effect that a child be placed in accommodation provided for the purpose of restricting liberty then the directions shall cease to have effect upon the expiry of the maximum period specified by regulations under section 25(2)(a) in relation to children of his description, calculated from 14th October 1991.
This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that paragraph to be a care order. If, immediately before the day on which Part III comes into force, the child was allowed to be under the charge and control of— on and after that day the provision made by and under section 23(5) shall apply as if the child had been placed with the person in question in accordance with that provision.
This paragraph applies to any access order— On and after the commencement of Part IV, the access order shall have effect as an order made under section 34 in favour of the person named in the order.
This paragraph applies where, immediately before the commencement of Part IV, an access order made under section 12C of the Act of 1980 was suspended by virtue of an order made under section 12E of that Act (suspension of access orders in emergencies). The suspending order shall continue to have effect as if this Act had not been passed. If— the local authority concerned made an application for its variation or discharge to an appropriate youth court, its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned.
This paragraph applies to any decision of a local authority to terminate arrangements for access or to refuse to make such arrangements— On and after the commencement of Part IV, a decision to which this paragraph applies shall have effect as a court order made under section 34(4) authorising the local authority to refuse to allow contact between the child and the person to whom notice was given under section 12B of the Child Care Act 1980.
This paragraph applies where, immediately before the day on which Part III comes into force— Where this paragraph applies, the child shall, on and after the day mentioned in sub-paragraph (1), be treated for the purposes of this Act as a child who is provided with accommodation by the local authority under Part III, but he shall cease to be so treated once he ceases to be so accommodated in accordance with the provisions of Part III. Where— the child shall not be treated for the purposes of this Act as if he were being looked after by the authority concerned.
Where, immediately before the day on which Part III comes into force, a child in the care of a local authority— on and after that day, he shall be treated (subject to sub-paragraph (2)) as having been placed with a local authority foster parent and shall cease to be so treated when he ceases to be placed with that person in accordance with the provisions of this Act. Regulations made under section 23(2)(a) shall not apply in relation to a person who is a local authority foster parent by virtue of sub-paragraph (1) before the end of the period of twelve months beginning with the day on which Part III comes into force and accordingly that person shall for that period be subject— as if that Act had not been repealed by this Act.
Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of the local authority in question who is under twenty-one and who was, at any time after reaching the age of sixteen but while still a child—
a person falling within—
any of paragraphs (a) to (h) of paragraph 15(1); or
paragraph 20(1); or
the subject of a criminal care order (within the meaning of paragraph 34).
Where a child who is a ward of court is in care by virtue of— he shall, on the day on which Part IV commences, cease to be a ward of court. Where immediately before the day on which Part IV commences a child was in the care of a local authority and as a result of an order— continued to be in the care of a local authority and was made a ward of court, he shall on the day on which Part IV commences, cease to be a ward of court. Sub-paragraphs (1) and (2) do not apply in proceedings which are pending.
Where— section 24 of the Act of 1980 shall continue to apply (regardless of that repeal) until the Secretary of State has determined whether or not to give his consent to the request.
the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child Care Act 1980 to the emigration of a child in their care; but
immediately before the repeal of the Act of 1980 by this Act, he has not determined whether or not to give his consent,
Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under any of the enactments mentioned in sub-paragraph (2), then, on and after that day— The enactments are— (provisions empowering the court to make an order requiring a person to make periodical payments to a local authority in respect of a child in care). The modifications are that, in paragraph 23 of Schedule 2—
This paragraph applies to any supervision order— On and after the commencement of Part IV, the order shall be deemed to be a supervision order made under section 31 and— Where, immediately before the commencement of Part IV, the order had been in force for a period of six months or more, it shall cease to have effect at the end of the period of six months beginning with the day on which Part IV comes into force unless— Where sub-paragraph (3) applies, paragraph 6 of Schedule 3 shall not apply. Where, immediately before the commencement of Part IV, the order had been in force for less than six months it shall cease to have effect in accordance with section 91 and paragraph 6 of Schedule 3 unless—
This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under— The order shall not be deemed to be a supervision order made under any provision of this Act but shall nevertheless continue in force for a period of one year beginning with the day on which Part IV comes into force unless—
This paragraph applies to— The enactments are— The order or warrant shall continue to have effect as if this Act had not been passed. Any enactment repealed by this Act shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been had this Act not been passed. Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 23(5) of the Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969. Where, immediately before section 28 of the Children and Young Persons Act 1969 is repealed by this Act, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section but subsection (6) shall not apply.
The repeal by this Act of subsection (1) of section 16 of the Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation of that section in relation to any child arrested before the coming into force of the repeal.
This paragraph applies where— The summons, any warrant issued in connection with it and section 15 or (as the case may be) section 16, shall continue to have effect as if this Act had not been passed.
The amendment by paragraph 27 of Schedule 12 of section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall not affect the operation of that section in relation to— under that section before the coming into force of that paragraph.
any child arrested; or
any summons or warrant issued,
This paragraph applies to a resolution— The resolution shall continue to have effect until the end of the period of six months beginning with the day on which Part IV comes into force unless it is brought to an end earlier in accordance with the provisions of the Act of 1980 preserved by this paragraph. While the resolution remains in force, any relevant provisions of, or made under, the Act of 1980 shall continue to have effect with respect to it. Sub-paragraph (3) does not apply to— Section 5(2) of the Act of 1980 (which is applied to resolutions under Part VI of that Act by section 64(7) of that Act) shall have effect with respect to the resolution as if the reference in paragraph (c) to an appointment of a guardian under section 5 of the Guardianship of Minors Act 1971 were a reference to an appointment of a guardian under section 5 of this Act.
This paragraph applies where— If the child continues to be cared for and provided with accommodation as before, section 63(1) and (10) shall not apply in relation to him if— While section 63(1) and (10) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX.
Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the Nurseries and Child-Minders Regulation Act 1948 (registration of premises, other than premises wholly or mainly used as private dwellings, where children are received to be looked after). During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to those premises to the exclusion of Part X. Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering any person under section 71(1)(b) with respect to the premises. In this paragraph “the transitional period” means the period ending with—
Sub-paragraph (2) applies where, immediately before the commencement of Part X— During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to that person to the exclusion of Part X. Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering that person under section 71(1)(a). In this paragraph “the transitional period” means the period ending with—
In calculating, for the purposes of section 85(1)(a) or 86(1)(a), the period of time for which a child has been accommodated any part of that period which fell before the day on which that section came into force shall be disregarded.
This paragraph applies where, immediately before the commencement of section 90(2) there was in force an order (“a criminal care order") made— The criminal care order shall continue to have effect until the end of the period of six months beginning with the day on which section 90(2) comes into force unless it is brought to an end earlier in accordance with— While the criminal care order remains in force, any relevant provisions— shall continue to have effect with respect to it. While the criminal care order remains in force, a court may, on the application of the appropriate person, make— and shall, on making any of those orders, discharge the criminal care order. The order mentioned in sub-paragraph (4)(d) is an order having effect as if it were a supervision order of a kind mentioned in section 12AA of the Act of 1969 (as inserted by paragraph 23 of Schedule 12), that is to say, a supervision order— The maximum period which may be specified in an order made under sub-paragraph (4)(d) is six months and such an order may stipulate that the child shall not live with a named person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In sub-paragraph (4) “appropriate person” means—
In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect regardless of the amendment of that Act by paragraph 5 of Schedule 12. The circumstances are that—
The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act of 1975 by this Act—
section 68(4), (5) and (7) (amendments of section 32 of the Children and Young Persons Act 1969); and
in Schedule 3—
paragraph 13 (amendments of Births and Deaths Registration Act 1953);
paragraph 43 (amendment of Perpetuities and Accumulations Act 1964);
paragraphs 46 and 47 (amendments of Health Services and Public Health Act 1968); and
paragraph 77 (amendment of Parliamentary and Other Pensions Act 1972).
The amendment made to section 106(2)(a) of the Children and Young Persons Act 1933 by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to have effect regardless of the repeal of the Act of 1980 by this Act.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 108(7). 1891 c. 3. The Custody of Children Act 1891. The whole Act. 1933 c. 12. The Children and Young Persons Act 1933. In section 14(2), the words from “may also" to “together, and". In section 34(8), “(a)" and the words from “and (b)" to the end. Section 40. In section 107(1), the definitions of “care order" and “interim order". 1944 c. 31. The Education Act 1944. In section 40(1), the words from “or to imprisonment" to the end. In section 114(1), the definition of parent. 1948 c. 53. The Nurseries and Child-Minders Regulation Act 1948. The whole Act. 1949 c. 76. The Marriage Act 1949. In section 3(1), the words “unless the child is subject to a custodianship order, when the consent of the custodian and, where the custodian is the husband or wife of a parent of the child of that parent shall be required". Section 78(1A). Schedule 2. 1956 c. 69. The Sexual Offences Act 1956. Section 38. 1959 c. 72. The Mental Health Act 1959. Section 9. 1963 c. 37. The Children and Young Persons Act 1963. Section 3. Section 23. In section 29(1), the words “under section 1 of the Children and Young Persons Act 1969 or". Section 53(3). In Schedule 3, paragraph 11. 1964 c. 42. The Administration of Justice Act 1964. In section 38, the definition of “domestic court". 1968 c. 46. The Health Services and Public Health Act 1968. Section 60. In section 64(3)(a), sub-paragraphs (vi), (vii), (ix) and (xv). In section 65(3)(b), paragraphs (vii), (viii) and (x). 1968 c. 49. The Social Work (Scotland) Act 1968. Section 1(4)(a). Section 5(2)(d). In section 86(3), the words “the Child Care Act 1980 or". In Schedule 8, paragraph 20. 1969 c. 46. The Family Law Reform Act 1969. Section 7. 1969 c. 54. The Children and Young Persons Act 1969. Sections 1 to 3. In section 7, in subsection (7) the words “to subsection (7A) of this section and", paragraph (a) and the words from “and subsection (13) of section 2 of this Act" to the end; and subsection (7A). Section 7A. In section 8(3), the words from “and as if the reference to acquittal" to the end. In section 9(1), the words “proceedings under section 1 of this Act or". Section 11A. Section 14A. In section 15, in subsection (1) the words “and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person"; in subsection (2) the words “and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order"; in subsection (2A), the words “or made by a court on discharging a care order made under that subsection"; and in subsection (4), the words “or made by a court on discharging a care order made under that section". In section 16, in subsection (6)(a), the words “a care order or"; and in subsection (8) the words “or, in a case where a parent or guardian of his was a party to the proceedings on an application under the preceding section by virtue of an order under section 32A of this Act, the parent or guardian". In section 17, paragraphs (b) and (c). Sections 20 to 22. Section 27(4). Section 28. Sections 32A to 32C. In section 34(2) the words “under section 1 of this Act or", the words “2(3) or" and the words “and accordingly in the case of such a person the reference in section 1(1) of this Act to the said section 2(3) shall be construed as including a reference to this subsection". In section 70, in subsection (1), the definitions of “care order" and “interim order"; and in subsection (2) the words “21(2), 22(4) or (6) or 28(5)" and the words “care order or warrant". In Schedule 5, paragraphs 12(1), 37, 47 and 48. 1970 c. 34. The Marriage (Registrar General’s Licence) Act 1970. In section 3(b), the words from “as amended" to “1969". 1970 c. 42. The Local Authority Social Services Act 1970. In Schedule 1, in the entry relating to the Children and Young Persons Act 1969, the words “welfare, etc. of foster children"; the entries relating to the Matrimonial Causes Act 1973, section 44, the Domestic Proceedings and Magistrates’ Courts Act 1978, section 9, the Child Care Act 1980 and the Foster Children Act 1980. 1971 c. 3. The Guardianship of Minors Act 1971. The whole Act. 1971 c. 23. The Courts Act 1971. In Schedule 8, paragraph 59(1). 1972 c. 18. The Maintenance Orders (Reciprocal Enforcement) Act 1972. Section 41. 1972 c. 70. The Local Government Act 1972. In Schedule 23, paragraphs 4 and 9(3). 1972 c. 71. The Criminal Justice Act 1972. Section 51(1). 1973 c. 18. The Matrimonial Causes Act 1973. Sections 42 to 44. In section 52(1), the definition of “custody". In Schedule 2, paragraph 11. 1973 c. 29. The Guardianship Act 1973. The whole Act. 1973 c. 45. The Domicile and Matrimonial Proceedings Act 1973. In Schedule 1, in paragraph 11(1) the definitions of “custody" and “education" and in paragraph 11(3) the word “four". 1973 c. 62. The Powers of Criminal Courts Act 1973. In section 13(1), the words “and the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969". In Schedule 3, in paragraph 3(2A), the word “and" immediately preceding paragraph (b). 1974 c. 53. The Rehabilitation of Offenders Act 1974. In section 1(4)(b) the words “or in care proceedings under section 1 of the Children and Young Persons Act 1969". In section 5, in subsection 5(e), the words “a care order or"; and in subsection (10) the words “care order or". 1975 c. 72. The Children Act 1975. The whole Act. 1976 c. 36. The Adoption Act 1976. Section 11(5). Section 14(3). In section 15, in subsection (1), the words from “subject" to “cases)" and subsection (4). Section 26. In section 28(5), the words “or the organisation". Section 34. Section 36(1)(c). Section 37(1), (3) and (4). Section 55(4). In section 57, in subsection (2), the words from “and the court" to the end and subsections (4) to (10). In section 72(1), the definition of “place of safety", in the definition of “local authority" the words from “ and" to the end and, in the definition of “specified order", the words “Northern Ireland or". In Schedule 3, paragraphs 8, 11, 19, 21, and 22. 1977 c. 45. The Criminal Law Act 1977. Section 58(3). 1977 c. 49. The National Health Service Act 1977. In section 21, in subsection (1)(a) the words “and young children". In Schedule 8, in paragraph 1(1), the words from “and of children" to the end; in paragraph 2(2) the words from “or (b) to persons who" to “arrangements"; and in paragraph 3(1) “(a)" and the words from “or (b) a child" to “school age". In Schedule 15, paragraphs 10 and 25. 1978 c. 22. The Domestic Proceedings and Magistrates’ Courts Act 1978. Sections 9 to 15. In section 19, in subsection (1) the words “following powers, that is to say" and sub-paragraph (ii), subsections (2) and (4), in subsection (7) the words “and one interim custody order" and in subsection (9) the words “or 21". In section 20, subsection (4) and in subsection (9) the words “subject to the provisions of section 11(8) of this Act". Section 21. In section 24, the words “or 21" in both places where they occur. In section 25, in subsection (1) paragraph (b) and the word “or" immediately preceding it and in subsection (2) paragraphs (c) and (d). Section 29(4). Sections 33 and 34. Sections 36 to 53. Sections 64 to 72. Sections 73(1) and 74(1) and (3). In section 88(1), the definition of “actual custody". In Schedule 2, paragraphs 22, 23, 27, 29, 31, 36, 41 to 43, 46 to 50. 1978 c. 28. The Adoption (Scotland) Act 1978. In section 20(3)(c), the words “section 12(3)(b) of the Adoption Act 1976 or of". In section 45(5), the word “approved". Section 49(4). In section 65(1), in the definition of “local authority", the words from “and" to the end and, in the definition of “specified order", the words “Northern Ireland or". 1978 c. 30. The Interpretation Act 1978. In Schedule 1, the entry with respect to the construction of certain expressions relating to children. 1980 c. 5. The Child Care Act 1980. The whole Act. 1980 c. 6. The Foster Children Act 1980. The whole Act. 1980 c. 43. The Magistrates’ Courts Act 1980. In section 65(1), paragraphs (e) and (g) and the paragraph (m) inserted in section 65 by paragraph 82 of Schedule 2 to the Family Law Reform Act 1987. In section 81(8), in the definition of “guardian" the words “by deed or will" and in the definition of “sums adjudged to be paid by a conviction" the words from “as applied" to the end. In section 143(2), paragraph (i). In Schedule 7, paragraphs 78, 83, 91, 92, 110, 116, 117, 138, 157, 158, 165, 166 and 199 to 201. 1981 c. 60. The Education Act 1981. In Schedule 3, paragraph 9. 1982 c. 20. The Children’s Homes Act 1982. The whole Act. 1982 c. 48. The Criminal Justice Act 1982. Sections 22 to 25. Section 27. In Schedule 14, paragraphs 45 and 46. 1983 c. 20. The Mental Health Act 1983. In section 26(5), paragraph (d) and the word “or" immediately preceding it. In section 28(1), the words “(including an order under section 38 of the Sexual Offences Act 1956)". In Schedule 4, paragraphs 12, 26(a), (b) and (c), 35, 44, 50 and 51. 1983 c. 41. The Health and Social Services and Social Security Adjudications Act 1983. Section 4(1). Sections 5 and 6. In section 11, in subsection (2) the words “the Child Care Act 1980 and the Children’s Homes Act 1982". In section 19, subsections (1) to (5). Schedule 1. In Schedule 2, paragraphs 3, 9 to 14, 20 to 24, 27, 28, 34, 37 and 46 to 62. In Schedule 4, paragraphs 38 to 48. In Schedule 9, paragraphs 5, 16 and 17. 1984 c. 23. The Registered Homes Act 1984. In Schedule 1, in paragraph 5, sub-paragraph (a) and paragraphs 6, 7 and 8. 1984 c. 28. The County Courts Act 1984. In Schedule 2, paragraph 56. 1984 c. 37. The Child Abduction Act 1984. In section 3, the word “and" immediately preceding paragraph (c). In the Schedule, in paragraph 1(2) the words “or voluntary organisation" and paragraph 3(1)(e). 1984 c. 42. The Matrimonial and Family Proceedings Act 1984. In Schedule 1, paragraphs 19 and 23. 1984 c. 56. The Foster Children (Scotland) Act 1984. In section 1, the words “for a period of more than 6 days" and the words from “The period" to the end. In section 7(1), the word “or" at the end of paragraph (e). In Schedule 2, paragraphs 1 to 3 and 8. 1984 c. 60. The Police and Criminal Evidence Act 1984. In section 37(15), the words “and is not excluded from this Part of this Act by section 52 below". Section 39(5). Section 52. In section 118(1), in the definition of parent or guardian, paragraph (b) and the word “and" immediately preceding it. In Schedule 2, the entry relating to section 16 of the Child Care Act 1980. In Schedule 6, paragraphs 19(a) and 22. 1985 c. 23. The Prosecution of Offences Act 1985. Section 27. 1985 c. 60. The Child Abduction and Custody Act 1985. Section 9(c). Section 20(2)(b) and (c). Section 25(3) and (5). In Schedule 3, paragraph 1(2). 1986 c. 28. The Children and Young Persons (Amendment) Act 1986. The whole Act. 1986 c. 33. The Disabled Persons (Services, Consultation and Representation) Act 1986. In section 16, in the definition of “guardian", paragraph (a). 1986 c. 45. The Insolvency Act 1986. In section 281(5)(b), the words “in domestic proceedings". 1986 c. 50. The Social Security Act 1986. In Schedule 10, paragraph 51. 1986 c. 55. The Family Law Act 1986. In section 1(2), in paragraph (a) the words “(a) or" and paragraph (b). Section 3(4) to (6). Section 4. Section 35(1). In section 42(6), in paragraph (b) the words “section 42(6) of the Matrimonial Causes Act 1973 or", in paragraph (c) the words “section 42(7) of that Act or" and in paragraph (d) the words “section 19(6) of the Domestic Proceedings and Magistrates’ Courts Act 1978 or". In Schedule 1, paragraphs 10, 11, 13, 16, 17, 20 and 23. 1987 c. 42. The Family Law Reform Act 1987. Section 3. Sections 4 to 7. Sections 9 to 16. In Schedule 2, paragraphs 11, 14, 51, 67, 68, 94 and 95. In Schedule 3, paragraphs 11 and 12. 1988 c. 34. The Legal Aid Act 1988. Section 3(4)(c). Section 27. Section 28. In section 30, subsections (1) and (2). In Part I of Schedule 2, paragraph 2(a) and (e).
“local housing authority” has the same meaning as in the Housing Act 1985;
Where a local authority have conducted a review under this section they shall publish the result of the review—
as soon as is reasonably practicable;
in such form as they consider appropriate; and
together with any proposals they may have with respect to the matters reviewed.
The authorities conducting any review under this section shall have regard to—
any representations made to any one of them by any relevant Health Authority, Special Health Authority , Primary Care Trustor health board; and
any other representations which they consider to be relevant.
In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the National Health Service (Scotland) Act 1978.
This section applies for the purposes of section 17ZA.
“ Parent ”, in relation to a young carer, includes—
a parent of the young carer who does not have parental responsibility for the young carer, and
a person who is not a parent of the young carer but who has parental responsibility for the young carer.
A person is not a young carer if the person provides or intends to provide care—
under or by virtue of a contract, or
as voluntary work.
But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case).
The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support.
Where a local authority— the local authority may, subject to subsection (7), combine the assessments.
are required to carry out a young carer's needs assessment, and
are required or have decided to carry out some other assessment of the young carer or of the person cared for;
A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree.
The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular—
specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment;
specify matters which a local authority is to determine in carrying out a young carer's needs assessment;
make provision about the manner in which a young carer's needs assessment is to be carried out;
make provision about the form a young carer's needs assessment is to take.
The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to—
add an entry,
remove an entry, or
vary an entry.
A local authority that carry out a young carer's needs assessment must consider the assessment and decide—
whether the young carer has needs for support in relation to the care which he or she provides or intends to provide;
if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
if they could be so satisfied, whether or not to provide any such services in relation to the young carer.
A local authority ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are.
In this Part “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.
The first condition is that—
it appears to the authority that the parent carer may have needs for support, or
the authority receive a request from the parent carer to assess the parent carer's needs for support.
The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17.
An assessment under subsection (1) is referred to in this Part as a “parent carer's needs assessment”.
Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for.
But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment.
“Care-related assessment” means—
a parent carer's needs assessment;
an assessment under any of the following—
section 1 of the Carers (Recognition and Services) Act 1995;
section 6 of the Carers and Disabled Children Act 2000;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1 of the Care Act 2014.
A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes.
A local authority in carrying out a parent carer's needs assessment must have regard to—
the well-being of the parent carer, and
the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility.
In subsection (10) “well-being” has the same meaning as in Part 1 of the Care Act 2014.
A local authority, in carrying out a parent carer's needs assessment, must involve—
the parent carer,
any child for whom the parent carer has parental responsibility, and
any person who the parent carer requests the authority to involve.
A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to—
the parent carer, and
any person to whom the parent carer requests the authority to give a copy.
A local authority ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support.
This section applies for the purposes of section 17ZD.
The references in section 17ZD to providing care include a reference to providing practical or emotional support.
Where a local authority— the local authority may combine the assessments.
are required to carry out a parent carer's needs assessment, and
are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for,
The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular—
specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment;
specify matters which a local authority is to determine in carrying out a parent carer's needs assessment;
make provision about the manner in which a parent carer's needs assessment is to be carried out;
make provision about the form a parent carer's needs assessment is to take.
The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to—
add an entry,
remove an entry, or
vary an entry.
A local authority that carry out a parent carer's needs assessment must consider the assessment and decide—
whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide;
whether the disabled child cared for has needs for support;
if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and
if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for.
This section applies where, immediately before a child in need reaches the age of 18—
a local authority ... is providing services for the child in the exercise of functions conferred by section 17, and
an EHC plan is maintained for the child.
The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained , except in so far as the authority is required to do so under section 17ZH or 17ZI.
In this section “ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014.
Subsections (2) to (4) apply where a local authority ... providing services for a child in need in the exercise of functions conferred by section 17—
are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or
are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child.
If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case.
If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014—
they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and
they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case.
If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until—
they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or
having decided that the duty applies and having discharged it, they reach a conclusion in his case.
Subsection (6) applies where a local authority ... providing services for a child in need in the exercise of functions conferred by section 17—
receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but
have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment.
If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until—
they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or
having decided that the duty applies and having discharged it, they reach a conclusion in his case.
A local authority reach a conclusion in a person's case when—
they conclude that he does not have needs for care and support or for support (as the case may be), or
having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or
having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason).
In this section, “child's needs assessment”, “child's carer's assessment”, “young carer's assessment”, “needs assessment”, “carer's assessment” and “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014.
This section applies where a local authority ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case.
If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case.
The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7).
In this section, “needs assessment” has the same meaning as in Part 1 of the Care Act 2014.
The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection.
A person falls within this subsection if he is— and a local authority (“ the responsible authority ”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section.
a person with parental responsibility for a disabled child,
a disabled person with parental responsibility for a child, or
a disabled child aged 16 or 17,
Regulations under this section may, in particular, make provision—
specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2);
for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments;
for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to— as may be prescribed;
the payee’s means, and
the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution,
as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed);
specifying circumstances in which the responsible authority—
may or must terminate the making of direct payments,
may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments;
for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority;
displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed;
authorising direct payments to be made to any prescribed person on behalf of the payee;
as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations;
as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations;
specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section.
For the purposes of subsection (3)(b) “gross payments” means payments—
which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but
which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations.
For the purposes of subsection (3)(b) “net payments” means payments—
which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and
which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee.
Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period.
A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments.
Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)—
the payments shall be made at the rate mentioned in subsection (3A)(a); and
subsection (3A)(b) shall not apply.
A person falls within this subsection if he is—
a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or
a person who is in receipt of of universal credit (except in such circumstances as may be prescribed), income support ... under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance .
In this section—
“fostering agency” has the same meaning as in the Care Standards Act 2000;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Part applies in relation to local authorities in England.
Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.
Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—
there being no person who has parental responsibility for him;
his being lost or having been abandoned; or
the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—
three months of being notified in writing that the child is being provided with accommodation; or
such other longer period as may be prescribed in regulations made by the Secretary of State.
Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.
Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—
three months of being notified in writing that the child is being provided with accommodation; or
such other longer period as may be prescribed in regulations made by the Secretary of State.
A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.
A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.
Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
ascertain the child’s wishes and feelings regarding the provision of accommodation; and
give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
A local authority may not provide accommodation under this section for any child if any person who—
has parental responsibility for him; and
is willing and able to— objects.
provide accommodation for him; or
arrange for accommodation to be provided for him,
Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.
Subsections (7) and (8) do not apply while any person— agrees to the child being looked after in accommodation provided by or on behalf of the local authority.
who is named in a child arrangements order as a person with whom the child is to live;
who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,
who is a special guardian of the child; or
Where there is more than one such person as is mentioned in subsection (9), all of them must agree.
Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.
Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V.
Every local authority shall receive, and provide accommodation for, children—
in police protection whom they are requested to receive under section 46(3)(f);
whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984;
who are— and with respect to whom they are the designated authority.
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remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc. of youth rehabilitation orders); . . .
remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc. of referral orders and reparation orders);
remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act);
the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering,
Where a child has been— and he is not being provided with accommodation by a local authority or by a local authority in Wales or in a hospital vested in the Secretary of State or , the Welsh Ministers ..., or otherwise made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or a Health Authority Local Health Board ..., any reasonable expenses of accommodating him shall be recoverable from the local authority , or local authority in Wales, in whose area he is ordinarily resident.
removed under Part V; or
detained under section 38 of the Police and Criminal Evidence Act 1984,
In subsection (2)(c)(iii)—
In this section, any reference to a child who is looked after by a local authority is a reference to a child who is—
in their care; or
provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which are social services functions within the meaning of the Local Authority Social Services Act 1970 , apart from functions under sections 17 23B and 24B.
In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
It shall be the duty of a local authority looking after any child—
to safeguard and promote his welfare; and
to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
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 wishes and feelings of— regarding the matter to be decided.
the child;
his parents;
any person who is not a parent of his but who has parental responsibility for him; and
any other person whose wishes and feelings the authority consider to be relevant,
The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement.
In making any such decision a local authority shall give due consideration—
having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
to the child’s religious persuasion, racial origin and cultural and linguistic background.
A local authority ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A).
If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so.
A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority ....
If the Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, the Secretary of State may give such directions to the authority.
Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section.
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It shall be the duty of any local authority looking after a child—
when he is in their care, to provide accommodation for him; and
to maintain him in other respects apart from providing accommodation for him.
A local authority shall provide accommodation and maintenance for any child whom they are looking after by—
placing him (subject to subsection (5) and any regulations made by the Secretary of State) with— on such terms as to payment by the authority and otherwise as the authority may determine;
a family;
a relative of his; or
any other suitable person,
maintaining him in a community home;
maintaining him in a voluntary home;
maintaining him in a registered children’s home;
maintaining him in a home provided by the Secretary of State under section 82(5) on such terms as the Secretary of State may from time to time determine; or
making such other arrangements as—
seem appropriate to them; and
comply with any regulations made by the Secretary of State.
Any person with whom a child has been placed under subsection (2)(a) is referred to in this Act as a local authority foster parent unless he falls within subsection (4).
A person falls within this subsection if he is—
a parent of the child;
a person who is not a parent of the child but who has parental responsibility for him; or
where the child is in care and there was a residence order in force with respect to him immediately before the care order was made, a person in whose favour the residence order was made.
Where a child is in the care of a local authority, the authority may only allow him to live with a person who falls within subsection (4) in accordance with regulations made by the Secretary of State.
Subject to any regulations made by the Secretary of State for the purposes of this subsection, any local authority looking after a child shall make arrangements to enable him to live with— unless that would not be reasonably practicable or consistent with his welfare.
a person falling within subsection (4); or
a relative, friend or other person connected with him,
Where a local authority provide accommodation for a child whom they are looking after, they shall, subject to the provisions of this Part and so far as is reasonably practicable and consistent with his welfare, secure that—
the accommodation is near his home; and
where the authority are also providing accommodation for a sibling of his, they are accommodated together.
Where a local authority provide accommodation for a child whom they are looking after and who is disabled, they shall, so far as is reasonably practicable, secure that the accommodation is not unsuitable to his particular needs.
Part II of Schedule 2 shall have effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations that may be made under subsections (2)(a) and (f) and (5).
When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
This section applies where a local authority are looking after a child (“C”).
The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
A person (“P”) falls within this subsection if—
P is a parent of C;
P is not a parent of C but has parental responsibility for C; or
in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live.
Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
would not be consistent with C's welfare; or
would not be reasonably practicable.
If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
In subsection (5) “ placement ” means—
placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
placement with a local authority foster parent who does not fall within paragraph (a);
placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2); or
subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
In determining the most appropriate placement for C, the local authority must, subject to subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)—
give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and
comply with subsection (9) unless that is not reasonably practicable.
The local authority must ensure that the placement is such that—
it allows C to live near C's home;
it does not disrupt C's education or training;
if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
if C is disabled, the accommodation provided is suitable to C's particular needs.
The placement must be such that C is provided with accommodation within the local authority's area.
Subsection (9B) applies (subject to subsection (9C)) where the local authority ...—
are considering adoption for C, or
are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption.
Where this subsection applies—
subsections (7) to (9) do not apply to the local authority,
the local authority must consider placing C with an individual within subsection (6)(a), and
where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter.
Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused.
The local authority may determine—
the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
The Secretary of State may make regulations for, and in connection with, the purposes of this section.
For the meaning of “local authority foster parent” see section 105(1).
Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26.
But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary—
to make such arrangements; and
to do so as a matter of urgency.
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.
Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).
It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).
The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—
is within the authority's area; and
meets the needs of those children.
The children referred to in subsection (2) are those—
that the local authority are looking after,
in respect of whom the authority are unable to make arrangements under section 22C(2), and
whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area.
In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—
a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and
a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.
In this section “ accommodation providers ” means— local authority foster parents; and children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.
In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.
In subsection (1B)(b), “looked after, accommodated or fostered” means—
looked after by a local authority (without subsequently being looked after by a local authority in Wales);
accommodated by or on behalf of a voluntary organisation;
accommodated in a private children’s home;
accommodated for a consecutive period of at least three months—
by any Local Health Board, Special Health Authority ... or by a local authority in the exercise of education functions, or
in any care home or independent hospital or in any accommodation provided pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by a National Health Service trust or an NHS foundation trust , or by a local authority in Wales in the exercise of education functions; or
privately fostered.
This subsection applies to a person—
who has reached the age of sixteen but not the age of twenty-one;
with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and
who was, immediately before the making of that order, looked after by a local authority.
Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.
This subsection applies to a person to whom subsection (1A) does not apply, and who—
is under twenty-one; and
at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.
In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.
a local authority know that there is within their area a person qualifying for advice and assistance;
the conditions in subsection (5) are satisfied; and
that person has asked them for help of a kind which they can give under this section,
In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is—
in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or
in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;
in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).
Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.
Assistance given under subsections (1) to (6) may be in kind or, in exceptional circumstances, in cash.
A local authority may give assistance to any person who qualifies for advice and assistance by virtue of subsection (2)(a) by—
contributing to expenses incurred by him in living near the place where he is, or will be—
employed or seeking employment; or
receiving education or training; or
making a grant to enable him to meet expenses connected with his education or training.
Where a local authority are assisting the person under subsection (8) by making a contribution or grant with respect to a course of education or training, they may—
continue to do so even though he reaches the age of twenty-one before completing the course; and
disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.
Subsections (7) to (9) of section 17 shall apply in relation to assistance given under this section (otherwise than under subsection (8)) as they apply in relation to assistance given under that section.
Where it appears to a local authority that a person whom they have been advising and befriending under this section, as a person qualifying for advice and assistance, proposes to live, or is living, in the area of another local authority, they shall inform that other local authority.
Where a child who is accommodated— ceases to be so accommodated, after reaching the age of sixteen, the organisation, authority or (as the case may be) person carrying on the home shall inform the local authority within whose area the child proposes to live.
by a voluntary organisation or in a registered children’s home;
by any health authority or local education authority; or
in any residential care home, nursing home or mental nursing home,
Subsection (12) only applies, by virtue of paragraph (b) or (c), if the accommodation has been provided for a consecutive period of at least three months.
The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.
In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—
is not being looked after by any local authority in England or by any local authority in Wales;
was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and
is aged sixteen or seventeen.
The Secretary of State may prescribe—
additional categories of relevant children; and
categories of children who are not to be relevant children despite falling within subsection (2).
In subsection (1) the “ responsible local authority ” is the one which last looked after the child.
If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.
It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.
It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).
It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—
to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and
to prepare a pathway plan for him.
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The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—
maintaining him;
providing him with or maintaining him in suitable accommodation; and
providing support of such other descriptions as may be prescribed.
Support under subsection (8) may be in cash.
The Secretary of State may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation.
If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay— and while the child is still a relevant child must continue to take such steps until they succeed.
consider how to re-establish contact; and
take reasonable steps to do so,
Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.
Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.
Each local authority shall have the duties provided for in this section towards— and in this section such a person is referred to as a “ former relevant child ”.
a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and
a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,
It is the duty of the local authority to take reasonable steps—
to keep in touch with a former relevant child whether he is within their area or not; and
if they lose touch with him, to re-establish contact.
It is the duty of the local authority—
to continue the appointment of a personal adviser for a former relevant child; and
to continue to keep his pathway plan under regular review.
It is the duty of the local authority to give a former relevant child—
assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;
assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;
other assistance, to the extent that his welfare requires it.
The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.
It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.
The Secretary of State may by regulations—
prescribe the relevant amount for the purposes of subsection (5A);
prescribe the meaning of “higher education” for those purposes;
make provision as to the payment of the relevant amount;
make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.
The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).
Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.
If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—
the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and
the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.
For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.
Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) or who is in receipt of a payment under subsection (5A) as it applies in relation to a person to whom section 24B(3) applies.
Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.
Each local authority ... have the duties provided for in subsection (3) in relation to a staying put arrangement.
A “staying put arrangement” is an arrangement under which— continue to live together after the former relevant child has ceased to be looked after.
a person who is a former relevant child by virtue of section 23C(1)(b), and
a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,
It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—
to monitor the staying put arrangement, and
to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.
Support provided to the former foster parent under subsection (3)(b) must include financial support.
Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.
The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.
This section applies to a former relevant child if—
he or she has reached the age of 21 but not the age of 25, and
a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).
If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).
The local authority must provide the former relevant child with a personal adviser until the former relevant child—
reaches the age of 25, or
if earlier, informs the local authority that he or she no longer wants a personal adviser.
The local authority must—
carry out an assessment in relation to the former relevant child under subsection (5), and
prepare a pathway plan for the former relevant child.
An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—
whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and
if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.
The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).
Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—
as soon as possible after he or she reaches the age of 21, and
at least once in every 12 months.
In this section “former relevant child” has the meaning given by section 23C(1).
This section applies to a person if—
he is under the age of twenty-five or of such lesser age as may be prescribed by the Secretary of State;
he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and
he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.
It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.
It is the duty of the responsible local authority—
to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and
to prepare a pathway plan for him.
It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.
The kinds of assistance are—
contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or
making a grant to enable him to meet expenses connected with his education and training.
If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.
For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.
Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.
Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.
Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).
In this section “ the responsible local authority ” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him.
Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if placed, may not be kept, in accommodation in England or Scotland provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—
that—
he has a history of absconding and is likely to abscond from any other description of accommodation; and
if he absconds, he is likely to suffer significant harm; or
that if he is kept in any other description of accommodation he is likely to injure himself or other persons.
The Secretary of State may by regulations—
specify a maximum period—
beyond which a child may not be kept in secure accommodation in England or Scotland without the authority of the court; and
for which the court may authorise a child to be kept in secure accommodation in England or Scotland ;
empower the court from time to time to authorise a child to be kept in secure accommodation in England or Scotland for such further period as the regulations may specify; and
provide that applications to the court under this section shall be made only by local authorities.in England or Wales
It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.
If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.
On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.
No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, he refused or failed to apply.
Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.
The Secretary of State may by regulations provide that—
this section shall or shall not apply to any description of children specified in the regulations;
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;
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 secure accommodation in England or Scotland .
a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).
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.
This section is subject to section 20(8).
Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.
A local authority must publish—
information about the authority’s general approach to supporting—
children living in the authority’s area who live in kinship care, and
persons living in the authority’s area who are kinship carers;
information about financial support which may be available to—
children mentioned in paragraph (a)(i), or
persons mentioned in paragraph (a)(ii) (in their capacity as kinship carers);
information about services mentioned in subsection (2).
Those services are services available in the authority’s area which may assist children mentioned in subsection (1)(a)(i) or persons mentioned in subsection (1)(a)(ii)(in their capacity as kinship carers), including services relating to—
health and wellbeing;
relationships;
education and training;
accommodation.
In subsection (1)(b), the reference to financial support is to financial support whether provided by the local authority or by others (including voluntary organisations).
In subsection (2)—
the reference to services available in the authority’s area includes services provided by the authority and services provided by others (including voluntary organisations);
the reference to services relating to relationships includes services which promote contact between a child and their parents or relatives.
Information required to be published by a local authority under this section is to be known as the local authority’s “kinship local offer”.
A local authority must take such steps as are reasonably practicable to ensure that children and other persons mentioned in subsection (1)(a) receive the information relevant to them.
A local authority must review and update its kinship local offer from time to time, as appropriate.
Before publishing its kinship local offer (or any updated version) a local authority must—
consult relevant persons about any services that are offered, or may be offered, by the local authority which may assist to improve outcomes for children living in the authority’s area who live in kinship care, and
publish a report on the consultation.
In subsection (8), “relevant persons” in relation to a local authority, means such children living in kinship care, kinship carers and other persons as appear to the local authority to be representative of children living in kinship care and kinship carers in its area, which may include former kinship carers and children who used to be in kinship care.
The duty to consult in subsection (8) does not apply in relation to kinship local offers that are published or reviewed before section 5 of the Children’s Wellbeing and Schools Act 2026 comes into force.
For the purposes of section 22H, a child lives in kinship care if—
the child lives with a relative, friend or other person connected with the child for all or part of the time, and
subsection (2) or (3) applies in relation to the child.
This subsection applies in relation to the child if—
the child lives with one person mentioned in subsection (1)(a) for all of the time, or for more time than the child lives with a parent, and
the person mentioned in subsection (1)(a) provides all of the care and support provided for the child, or more of that care and support than is provided for the child by a parent.
This subsection applies in relation to the child if—
the child lives with two or more persons mentioned in subsection (1)(a) all or most of the time (whether or not the child lives with those persons at the same time), and
those persons, taken together, provide all or most of the care and support provided for the child.
The reference in subsection (1)(a) to a person connected with the child does not include a reference to—
a parent of the child,
a local authority foster parent of the child who had no connection with the child prior to the child being placed with that person, or
a person caring for the child in a professional capacity.
Where— the child is treated for the purposes of subsection (2)(a) as living with a parent for both of those parts of time taken together.
a child’s parents do not live together, and
the child lives for part of the time with one parent and part of the time with the other,
In section 22H, “kinship carer”, in relation to a child, means a person mentioned in subsection (1)(a) who provides care and support for the child in the circumstances described in subsection (2) or (3).
The Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.
The regulations may, in particular, make provision—
as to the manner in which each case is to be reviewed;
as to the considerations to which the local authority are to have regard in reviewing each case;
as to the time when each case is first to be reviewed and the frequency of subsequent reviews;
requiring the authority, before conducting any review, to seek the views of— including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;
the child;
his parents;
any person who is not a parent of his but who has parental responsibility for him; and
any other person whose views the authority consider to be relevant,
requiring the authority . . . , in the case of a child who is in their care
to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,
to consider, whether an application should be made to discharge the care order;
requiring the authority . . . , in the case of a child in accommodation provided by the authority
if there is no plan for the future care of the child, to prepare one,
if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,
to consider, whether the accommodation accords with the requirements of this Part;
requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;
requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;
requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—
the child;
his parents;
any person who is not a parent of his but who has parental responsibility for him; and
any other person whom they consider ought to be notified;
requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.
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Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by— about the discharge by the authority of any of their qualifying functions in relation to the child.
any child who is being looked after by them or who is not being looked after by them but is in need;
a parent of his;
any person who is not a parent of his but who has parental responsibility for him;
any local authority foster parent;
such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,
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The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in— but this subsection is subject to subsection (5A).
the consideration; and
any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration
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In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the Secretary of State for the purpose of regulating the procedure to be followed.
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The Secretary of State may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).
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Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—
have due regard to the findings of those considering the representation; and
take such steps as are reasonably practicable to notify (in writing)— of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.
the person making the representation;
the child (if the authority consider that he has sufficient understanding); and
such other persons (if any) as appear to the authority to be likely to be affected,
Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.
The following are qualifying functions for the purposes of subsection (3)—
functions under this Part,
such functions under Part 4 or 5 as are specified by the Secretary of State in regulations.
The duty under subsection (3) extends to representations (including complaints) made to the authority by— about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations.
any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,
such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,
The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by— about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.
a child with respect to whom a special guardianship order is in force,
a special guardian or a parent of such a child,
any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
any person who has applied for an assessment under section 14F(3) or (4),
Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section.
Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.
Where it appears to a local authority that any authority ... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority ... specifying the action in question.
An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.
The authorities are—
any local authority;
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any local housing authority;
any integrated care board, Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust;
NHS England;
any person authorised by the Secretary of State for the purposes of this section.
any local authority in Wales; and
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The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.
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Where— they shall, so far as is reasonably practicable, consult the appropriate local education authority before doing so.
a child is being looked after by a local authority; and
the authority propose to provide accommodation for him in an establishment at which education is provided for children who are accommodated there,
Where any such proposal is carried out, the local authority shall, as soon as is reasonably practicable, inform the appropriate local education authority of the arrangements that have been made for the child’s accommodation.
Where the child ceases to be accommodated as mentioned in subsection (1)(b), the local authority shall inform the appropriate local education authority.
In this section “the appropriate local education authority” means—
the local education authority within whose area the local authority’s area falls; or,
where the child has special educational needs and a statement of his needs is maintained under the Education Act 1981, the local education authority who maintain the statement.
Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.
Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.
Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.
Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.
No person shall be liable to pay any charge under section (1) at any time when he is in receipt of income support or family credit under the Social Security Act 1986.
No person shall be liable to pay any charge under subsection (1) for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
The persons are—
where the service is provided for a child under sixteen, each of his parents;
where it is provided for a child who has reached the age of sixteen, the child himself; and
where it is provided for a member of the child’s family, that member.
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of an income-based jobseeker's allowance or of an income-related employment and support allowance.
Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—
he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or
he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.
Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the Child Care Act 1980.
The persons are—
where the service is provided for a child under sixteen, each of his parents;
where it is provided for a child who has reached the age of sixteen, the child himself; and
where it is provided for a member of the child’s family, that member.
Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority and they are not maintaining him in— they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
a community home provided by them;
a controlled community home; or
a hospital vested in the Secretary of State,
Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the Child Care Act 1980.
Where a local authority comply with any request under section 27(2) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority in whose area the child or person is ordinarily resident any expenses reasonably incurred by them in respect of that person.
Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority or the area of a local authority in Wales, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or the area of a local authority in Wales and they are not maintaining him in— they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
a community home provided by them;
a controlled community home; or
a hospital vested in the Secretary of State or , the Welsh Ministers ... or any other hospital made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by ..., a Local Health Board ...,,
Except where subsection (10) or subsection (11) applies, Where a local authority comply with any request under section 27(2) or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority or a local authority in Wales in whose area the child or person is ordinarily resident any reasonable expenses incurred by them in respect of that person.
Where a local authority (“authority A”) comply with any request under section 27(2) from another local authority (“authority B”) in relation to a child or other person— authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
whose responsible authority is authority B for the purposes of section 23B or 23C; or
whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),
Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.
Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the Secretary of State but see subsection (2C).
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The Secretary of State may make regulations for determining, as respects any education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.
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Any question arising as to whether a child is ordinarily resident— shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.
in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or
in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,
The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).
The Secretary of State may give directions requiring two or more local authorities to make regional co-operation arrangements.
“Regional co-operation arrangements” means arrangements—
for the local authorities to carry out their strategic accommodation functions jointly,
for the local authorities’ strategic accommodation functions to be carried out by one of the local authorities on behalf of the others, or
for a body corporate to support the local authorities in carrying out their strategic accommodation functions.
A local authority’s “strategic accommodation functions” are—
assessing current and future requirements for the accommodation of children being looked after by the local authority,
developing and publishing strategies for meeting those requirements,
commissioning the provision of accommodation for children being looked after by the local authority,
recruiting prospective local authority foster parents and supporting local authority foster parents,
developing, or facilitating the development of, new provision for the accommodation of children being looked after by the local authority, and
any other functions relating to a local authority’s duties under section 22A, 22C or 22G that are specified in regulations made by the Secretary of State.
Before making regulations under subsection (3)(f) the Secretary of State must consult—
local authorities, and
such other persons (if any) as the Secretary of State considers appropriate.
A direction under subsection (1) may—
specify which of the three kinds of regional co-operation arrangements the local authorities must make, or
specify more than one kind of regional co-operation arrangement (“the permitted arrangements”) and require the local authorities to determine which of the permitted arrangements to make.
A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(b) may—
specify which local authority is to carry out the strategic accommodation functions, or
require the local authorities to determine which of them is to carry out the strategic accommodation functions.
A direction which requires or permits the local authorities to make regional co-operation arrangements of the kind in subsection (2)(c) may—
specify the kind of body corporate with which the arrangements may be made;
require a body corporate to be established for the purposes of the arrangements.
If a direction requires a body corporate to be established, it may—
specify which of the local authorities is to establish the body corporate, or
require the local authorities to determine which of them is to establish it.
The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1).
A direction under this section may make different provision for different purposes.
A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.
The advice and information must be made available to—
any person who has parental responsibility for the child,
the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and
any other person that the local authority consider appropriate.
A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.
A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).
The person appointed for that purpose must be an officer employed by the authority or another local authority in England.
In this section— “relevant child” means— a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of— a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, a special guardianship order, or an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or a child who appears to the local authority— to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and to have ceased to be in that state care as a result of being adopted.
For the purposes of this section a child is educated in a local authority's area if—
the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or
the child is of compulsory school age and—
the child attends a school in the local authority's area, or
if the child does not attend school, the child receives all or most of his or her education in the local authority's area.
For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—
a public authority,
a religious organisation, or
any other organisation the sole or main purpose of which is to benefit society.
This section applies to—
a child looked after by a local authority;
a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.
It is the duty of the local authority—
to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
The duties imposed by subsection (2)—
are to be discharged in accordance with any regulations made for the purposes of this section by the Secretary of State;
are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.
Regulations under this section for the purposes of subsection (3)(a) may make provision about—
the frequency of visits;
circumstances in which a person to whom this section applies must be visited by a representative; and
the functions of a representative.
In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
A local authority looking after a child must appoint an independent person to be the child's visitor if—
the child falls within a description prescribed in regulations made by the Secretary of State; or
in any other case, it appears to them that it would be in the child's interests to do so.
A person appointed under this section must visit, befriend and advise the child.
A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.
A person's appointment as a visitor in pursuance of this section comes to an end if—
the child ceases to be looked after by the local authority;
the person resigns the appointment by giving notice in writing to the appointing authority; or
the authority give him notice in writing that they have terminated it.
The ending of such an appointment does not affect any duty under this section to make a further appointment.
Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—
the child objects to it; and
the authority are satisfied that the child has sufficient understanding to make an informed decision.
Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—
the child objects to its continuing; and
the authority are satisfied that the child has sufficient understanding to make an informed decision.
If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.
The Secretary of State may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.
The Secretary of State may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of twenty-five who are not—
children who are relevant children for the purposes of section 23A;
the young persons referred to in section 23C; or
the children referred to in paragraph 19C of Schedule 2.; or
persons to whom section 23CA applies.
Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the Secretary of State prescribes.
Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.
Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).
In this Part, a reference to a “ pathway plan ” is to a plan setting out— and dealing with such other matters (if any) as may be prescribed in regulations made by the Secretary of State.
in the case of a plan prepared under paragraph 19B of Schedule 2—
the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and
when they might cease to look after him;
in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and
in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part,
A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).
A local authority may carry out an assessment under section 23B(3) , 23CZB(5) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—
the Chronically Sick and Disabled Persons Act 1970;
Part 4 of the Education Act 1996 or Part 3 of the Children and Families Act 2014 (in the case of an assessment under section 23B(3));
Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
the Disabled Persons (Services, Consultation and Representation) Act 1986; or
any other enactment.
The Secretary of State may by regulations make provision as to assessments for the purposes of section 23B(3) , 23CZB(5) or 23CA.
Regulations under subsection (1B) may in particular make provision about—
who is to be consulted in relation to an assessment;
the way in which an assessment is to be carried out, by whom and when;
the recording of the results of an assessment;
the considerations to which a local authority are to have regard in carrying out an assessment.
A local authority shall keep each pathway plan prepared by them under section 23B , 23CZB or 23CA under review.
The Secretary of State may by regulations make provision about pathway plans and their review.
The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.
The conditions are that—
he needs help of a kind which they can give under this section or section 24B; and
in the case of a person to whom section 24(1A) applies, or to whom section 24(1B) applies and who was not being looked after by any local authority or local authority in Wales, they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.
If the conditions are satisfied—
they shall advise and befriend him if he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and he was being looked after by a local authority (without subsequently being looked after by a local authority in Wales) or was accommodated by or on behalf of a voluntary organisation; and
in any other case they may do so.
Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.
The assistance may be in kind and, in exceptional circumstances, assistance may be given—
by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or
in cash.
Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.
The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.
The relevant local authority may give assistance to a person to whom subsection (3) applies by—
contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or
making a grant to enable him to meet expenses connected with his education or training.
This subsection applies to any person who—
is under twenty-five ; and
qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a), or would have done so if he were under twenty-one.
Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.
Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—
providing him with suitable accommodation during the vacation; or
paying him enough to enable him to secure such accommodation himself.
The Secretary of State may prescribe the meaning of “ full-time ”, “ further education ”, “ higher education ” and “ vacation ” for the purposes of subsection (5).
Where it appears to a local authority that a person— proposes to live, or is living, in the area of another local authority , or in the area of a local authority in Wales, they must inform that other authority.
with whom they are under a duty to keep in touch under section 23B, 23C or 24; or
whom they have been advising and befriending under section 24A; or
to whom they have been giving assistance under section 24B,
Where a child who is accommodated in England— ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.
by a voluntary organisation or in a private children’s home;
by or on behalf of any Local Health Board or Special Health Authority;
by or on behalf of an integrated care board or NHS England;
by or on behalf of a local authority in the exercise of education functions;
by or on behalf of a local authority in Wales in the exercise of education functions;
in any care home or independent hospital; or
in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,
Subsection (2) only applies, by virtue of any of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months.
In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.
Every local authority shall establish a procedure for considering representations (including complaints) made to them by— about the discharge of their functions under this Part in relation to him.
a relevant child for the purposes of section 23A or a young person falling within section 23C;
a person qualifying for advice and assistance; or
a person falling within section 24B(2),
Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).
In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.
If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.
The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.
If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.
An appointee must be of a description prescribed in regulations made by the Secretary of State.
The independent reviewing officer must—
monitor the performance by the local authority of their functions in relation to the child's case;
participate, in accordance with regulations made by the Secretary of State, in any review of the child's case;
ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;
perform any other function which is prescribed in regulations made by the Secretary of State.
An independent reviewing officer's functions must be performed—
in such manner (if any) as may be prescribed in regulations made by the Secretary of State; and
having regard to such guidance as that authority may issue in relation to the discharge of those functions.
If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—
an officer of the Children and Family Court Advisory and Support Service; ...
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If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—
to co-operate with that individual; and
to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.
In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—
extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;
require any functions of the officers to be performed in the manner prescribed by the regulations.
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Every local authority shall make arrangements for the provision of assistance to—
persons who make or intend to make representations under section 24D; and
children who make or intend to make representations under section 26.
The assistance provided under the arrangements shall include assistance by way of representation.
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The arrangements—
shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and
shall comply with any other provision made by the regulations in relation to the arrangements.
The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).
Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.
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On the application of any local authority or authorised person, the court may make an order—
placing the child with respect to whom the application is made in the care of a designated local authority; or
putting him under the supervision of a designated local authority . . ..
A court may only make a care order or supervision order if it is satisfied—
that the child concerned is suffering, or is likely to suffer, significant harm; and
that the harm, or likelihood of harm, is attributable to—
the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or
the child’s being beyond parental control.
No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).
An application under this section may be made on its own or in any other family proceedings.
A court deciding whether to make a care order—
is required to consider the permanence provisions of the section 31A plan for the child concerned, but
is not required to consider the remainder of the section 31A plan, subject to section 34(11).
The court may—
on an application for a care order, make a supervision order;
on an application for a supervision order, make a care order.
For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—
such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—
the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;
adoption;
long-term care not within sub-paragraph (i) or (ii);
such of the plan's provisions as set out any of the following—
the impact on the child concerned of any harm that he or she suffered or was likely to suffer;
the current and future needs of the child (including needs arising out of that impact);
the way in which the long-term plan for the upbringing of the child would meet those current and future needs.
Where an authorised person proposes to make an application under this section he shall— consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.
if it is reasonably practicable to do so; and
before making the application,
The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan.
An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—
the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or
subject to—
a care order or supervision order;
a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code; or
a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.
The local authority designated in a care order must be—
the authority within whose area the child is ordinarily resident; or
where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.
In this section—
“mental nursing home” has the same meaning as in the Registered Homes Act 1984;
“college” means an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992 or a 16 to 19 Academy;
“relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.
“development” means physical, intellectual, emotional, social or behavioural development;
Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.
In this Act—
A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) —
draw up a timetable with a view to disposing of the application—
give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.
without delay, and
in any event within twenty-six weeks beginning with the day on which the application was issued; and
Rules of court may—
specify periods within which specified steps must be taken in relation to such proceedings; and
make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.
A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to—
the impact which the timetable would have on the welfare of the child to whom the application relates; and
the impact which the timetable would have on the conduct of the proceedings.
A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to—
the impact which any revision would have on the welfare of the child to whom the application relates; and
the impact which any revision would have on the duration and conduct of the proceedings.
A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly.
When deciding whether to grant an extension under subsection (5), a court must in particular have regard to— and here “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension.
the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and
the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings;
When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification.
Each separate extension under subsection (5) is to end no more than eight weeks after the later of—
the end of the period being extended; and
the end of the day on which the extension is granted.
The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision.
Rules of court may provide that a court— must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.
when deciding whether to exercise the power under subsection (5), or
when deciding how to exercise that power,
Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child.
If the offer is accepted by at least one person to whom it is made, the local authority must arrange for the meeting to be held before the authority makes the application.
The duty under subsection (1) or (2) does not apply where the local authority considers that it would not be in the best interests of the child for a family group decision-making meeting to be offered or (as the case may be) to be held.
A “family group decision-making meeting” is a meeting held for the purpose of enabling the child’s family network—
to discuss the welfare needs of the child, and
to make a proposal in response to concerns about the child’s welfare.
A “family network”, in relation to a child, consists of such persons with an interest in the child’s welfare as the authority considers appropriate to attend the meeting having regard to the child’s best interests, and such persons may (in particular) include—
the child’s parents or any other person with parental responsibility for the child, and
relatives, friends or other persons connected with the child.
The local authority must include the offer under subsection (1) in the letter before proceedings sent in relation to the child.
A “letter before proceedings” is the letter sent by the local authority to the child’s parents, or any other person with parental responsibility for the child, before the local authority makes an application for an order under this Part in relation to the child.
Where the local authority considers it appropriate, the child in relation to whom the family group decision-making meeting is held may attend the meeting.
In exercising functions under this section in relation to a child, a local authority must, so far as is reasonably practicable and consistent with the child’s welfare—
ascertain the child’s wishes and feelings regarding the exercise of those functions, and
give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.
Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“ a care plan ”) for the future care of the child.
While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly.
A care plan must give any prescribed information and do so in the prescribed manner.
For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order.
In section 31(3A) and this section, references to a care order do not include an interim care order.
A plan prepared, or treated as prepared, under this section is referred to in this Act as a “ section 31A plan ”.
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.
Where— the child may be kept in the care of that person until received into the care of the authority.
a care order has been made with respect to a child on the application of an authorised person; but
the local authority designated by the order was not informed that that person proposed to make the application,
While a care order is in force with respect to a child, the local authority designated by the order shall—
have parental responsibility for the child; and
have the power (subject to the following provisions of this section) to determine the extent to which — may meet his parental responsibility for him.
a parent, guardian or special guardian of the child; or
a person who by virtue of section 4A has parental responsibility for the child,
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.
Nothing in subsection (3)(b) shall prevent a 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.
While a care order is in force with respect to a child, the local authority designated by the order shall not—
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
have the right—
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to agree or refuse to agree to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002, with respect to the child; or
to appoint a guardian for the child.
While a care order is in force with respect to a child, no person may— without either the written consent of every person who has parental responsibility for the child or the leave of the court.
cause the child to be known by a new surname; or
remove him from the United Kingdom,
Subsection (7)(b) does not—
prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or
apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales).
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 a person mentioned in that provision has in relation to the child and his property by virtue of any other enactment.
Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a) or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014 allow the child reasonable contact with—
his parents;
any guardian or special guardian of his;
where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in the child arrangements order as a person with whom the child was to live ; and
any person who by virtue of section 4A has parental responsibility for him;
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.
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.
On an application made by— 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.
any person mentioned in paragraphs (a) to (d) of subsection (1); or
any person who has obtained the leave of the court to make the application,
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.
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.
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—
they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and
the refusal—
is decided upon as a matter of urgency; and
does not last for more than seven days.
An order under this section may impose such conditions as the court considers appropriate.
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.
The Secretary of State may by regulations make provision as to—
the steps to be taken by a local authority who have exercised their powers under subsection (6);
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;
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;
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.
Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.
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.
An order under this section may be made either at the same time as the care order itself or later.
Before making, varying or discharging an order under this section or making a care order with respect to any child the court shall—
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
invite the parties to the proceedings to comment on those arrangements.
While a supervision order is in force it shall be the duty of the supervisor—
to advise, assist and befriend the supervised child;
to take such steps as are reasonably necessary to give effect to the order; and
where— to consider whether or not to apply to the court for its variation or discharge.
the order is not wholly complied with; or
the supervisor considers that the order may no longer be necessary,
Parts I and II of Schedule 3 make further provision with respect to supervision orders.
On the application of any local authority, the court may make an order putting the child with respect to whom the application is made under the supervision of a designated local authority.
In this Act “an education supervision order” means an order under subsection (1).
A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.
For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.
Where a child is— then, unless it is proved that he is being properly educated, it shall be assumed that he is not.
the subject of a school attendance order which is in force under section 437 of the Education Act 1996 and which has not been complied with; or
is not attending regularly within the meaning of section 444 of that Act—
a school at which he is a registered pupil,
any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of that Act, or
any place which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section,
An education supervision order may not be made with respect to a child who is in the care of a local authority.
The local authority designated in an education supervision order must be—
the authority within whose area the child concerned is living or will live; or
where— the latter authority.
the child is a registered pupil at a school; and
the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,
Where a local authority propose to make an application for an education supervision order they shall, before making the application, consult the . . . appropriate local authority if different.
The appropriate local authority is—
in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and
in any other case, the local authority within whose area the child concerned lives, or will live.
Part III of Schedule 3 makes further provision with respect to education supervision orders.
Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).
Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.
Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—
apply for a care order or for a supervision order with respect to the child;
provide services or assistance for the child or his family; or
take any other action with respect to the child.
Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—
their reasons for so deciding;
any service or assistance which they have provided, or intend to provide, for the child and his family; and
any other action which they have taken, or propose to take, with respect to the child.
The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.
The local authority named in a direction under subsection (1) must be—
the authority in whose area the child is ordinarily resident; or
where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.
If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—
they shall consider whether it would be appropriate to review the case at a later date; and
if they decide that it would be, they shall determine the date on which that review is to begin.
Where— the court may make an interim care order or an interim supervision order with respect to the child concerned.
in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or
the court gives a direction under section 37(1),
A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2).
Where, in any proceedings on an application for a care order or supervision order, a court makes a child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made.
An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs—
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in a case which falls within subsection (1)(a), the disposal of the application;
in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child;
in a case which falls within subsection (1)(b) and in which— the expiry of the period fixed by that direction.
the court has given a direction under section 37(4), but
no application for a care order or supervision order has been made with respect to the child,
in a case which falls within subsection (1)(b) and in which— the expiry of the period of eight weeks beginning with the date on which the order is made;
no direction has been given under section 37(4), and
no application for a care order or supervision order has been made with respect to the child,
For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child is to live, and
when the child is to live with any person.
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the period of four weeks beginning with the date on which the order in question is made; or
the period of eight weeks beginning with the date on which the first order was made if that period ends later than the period mentioned in paragraph (a).
Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment.
A direction under subsection (6) may be to the effect that there is to be—
no such examination or assessment; or
no such examination or assessment unless the court directs otherwise.
A direction under subsection (6) may be—
given when the interim order is made or at any time while it is in force; and
varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.
Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.
A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly.
Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full.
When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to—
any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child,
the issues with which the examination or other assessment would assist the court,
the questions which the examination or other assessment would enable the court to answer,
the evidence otherwise available,
the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings,
the cost of the examination or other assessment, and
any matters prescribed by Family Procedure Rules.
A care order may be discharged by the court on the application of—
any person who has parental responsibility for the child;
the child himself; or
the local authority designated by the order.
A supervision order may be varied or discharged by the court on the application of—
any person who has parental responsibility for the child;
the child himself; or
the supervisor.
On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person.
Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.
On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
When a court is considering whether to substitute one order for another under subsection (4) any provision of this Act which would otherwise require section 31(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded.
Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).
Where— the court may include an exclusion requirement in the interim care order.
on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and
the conditions mentioned in subsection (2) are satisfied,
The conditions are—
that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and
that another person living in the dwelling-house (whether a parent of the child or some other person)—
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
consents to the inclusion of the exclusion requirement.
For the purposes of this section an exclusion requirement is any one or more of the following—
a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.
Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.
Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.
Where— the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.
a court dismisses an application for a care order; and
at the time when the court dismisses the application, the child concerned is the subject of an interim care order,
Where— the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.
a court dismisses an application for a care order, or an application for a supervision order; and
at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order,
Where a court grants an application to discharge a care order or supervision order, it may order that—
its decision is not to have effect; or
the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order.
An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.
Where— the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.
an appeal is made against any decision of a court under this section; or
any application is made to the appellate court in connection with a proposed appeal against that decision,
In this section “the appeal period” means—
where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and
otherwise, the period during which an appeal may be made against the decision.
In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
No power of arrest may be attached to any undertaking given under subsection (1).
An undertaking given to a court under subsection (1)—
shall be enforceable as if it were an order of the court, and
shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
This section has effect without prejudice to the powers of the High Court and family court apart from this section.
In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.
or the purpose of any specified proceedings, the court shall appoint an officer of the Serviceor a Welsh family proceedings officer for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.
The officer of the Serviceor Welsh family proceedings officer shall—
be appointed in accordance with rules of court; and
be under a duty to safeguard the interests of the child in the manner prescribed by such rules.
Where— the court may appoint a solicitor to represent him.
the child concerned is not represented by a solicitor; and
any of the conditions mentioned in subsection (4) is satisfied,
The conditions are that—
no officer of the Serviceor Welsh family proceedings officer has been appointed for the child;
the child has sufficient understanding to instruct a solicitor and wishes to do so;
it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor.
Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.
In this section “specified proceedings” means any proceedings—
on an application for a care order or supervision order;
in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order;
on an application for the discharge of a care order or the variation or discharge of a supervision order;
on an application under section 39(4);
in which the court is considering whether to make a child arrangements order with respect to the living arrangements of a child who is the subject of a care order;
with respect to contact between a child who is the subject of a care order and any other person;
under Part V;
on an appeal against—
the making of, or refusal to make, a care order, supervision order or any order under section 34;
the making of, or refusal to make, a child arrangements order with respect to the living arrangements of a child who is the subject of a care order; or
the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii);
the refusal of an application under section 39(4); or
the making of, or refusal to make, an order under Part V; or
which are specified for the time being, for the purposes of this section, by rules of court.
on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child is to live, and
when the child is to live with any person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
as to the constitution, administration and procedures of panels;
requiring two or more specified local authorities to make arrangements for the joint management of a panel;
for the defrayment by local authorities of expenses incurred by members of panels;
for the payment by local authorities of fees and allowances for members of panels;
as to the qualifications for membership of a panel;
as to the training to be given to members of panels;
as to the co-operation required of specified local authorities in the provision of panels in specified areas; and
for monitoring the work of guardians ad litem.
Rules of court may make provision as to—
the assistance which any officer of the Serviceor Welsh family proceedings officer may be required by the court to give to it;
the consideration to be given by any officer of the Serviceor Welsh family proceedings officer , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;
the participation of officers of the Serviceor Welsh family proceedings officers in reviews, of a kind specified in the rules, which are conducted by the court.
Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of— in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.
any statement contained in a report made by an officer of the Serviceor a Welsh family proceedings officer who is appointed under this section for the purpose of the proceedings in question; and
any evidence given in respect of the matters referred to in the report,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any records of, or held by, a local authority or an authorised personwhich were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; . . .
any . . . records of, or held by, a local authority which were compiled in connection with any functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014, so far as those records relate to that child.
Where an officer of the Serviceor Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—
report which he makes to the court in the proceedings in question; or
evidence which he gives in those proceedings.
Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.
In this section “ authorised person ” has the same meaning as in section 31.
On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—
the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and
it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.
In this Act “a child assessment order” means an order under this section.
A court may treat an application under this section as an application for an emergency protection order.
No court shall make a child assessment order if it is satisfied—
that there are grounds for making an emergency protection order with respect to the child; and
that it ought to make such an order rather than a child assessment order.
A child assessment order shall—
specify the date by which the assessment is to begin; and
have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.
Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child—
to produce him to such person as may be named in the order; and
to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.
A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order.
Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment.
The child may only be kept away from home—
in accordance with directions specified in the order;
if it is necessary for the purposes of the assessment; and
for such period or periods as may be specified in the order.
Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home.
Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to— before the hearing of the application.
the child’s parents;
any person who is not a parent of his but who has parental responsibility for him;
any other person caring for the child;
any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
any person who is allowed to have contact with the child by virtue of an order under section 34; and
the child,
Rules of court may make provision as to the circumstances in which— may apply to the court for a child assessment order to be varied or discharged.
any of the persons mentioned in subsection (11); or
such other person as may be specified in the rules,
In this section “authorised person” means a person who is an authorised person for the purposes of section 31.
Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that—
there is reasonable cause to believe that the child is likely to suffer significant harm if—
he is not removed to accommodation provided by or on behalf of the applicant; or
he does not remain in the place in which he is then being accommodated;
in the case of an application made by a local authority—
enquiries are being made with respect to the child under section 47(1)(b); and
those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or
in the case of an application made by an authorised person—
the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
the applicant is making enquiries with respect to the child’s welfare; and
those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency.
In this section—
“authorised person” means a person who is an authorised person for the purposes of section 31; and
“a person authorised to seek access” means—
in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; or
in the case of an application by an authorised person, that person.
Any person— shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and
purporting to be a person authorised to do so,
While an order under this section (“an emergency protection order”) is in force it—
operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant;
authorises—
the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or
the prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and
gives the applicant parental responsibility for the child.
Where an emergency protection order is in force with respect to a child, the applicant—
shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;
shall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); and
shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.
Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—
the contact which is, or is not, to be allowed between the child and any named person;
the medical or psychiatric examination or other assessment of the child.
Where any direction is given under subsection (6)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment.
A direction under subsection (6)(a) may impose conditions and one under subsection (6)(b) may be to the effect that there is to be—
no such examination or assessment; or
no such examination or assessment unless the court directs otherwise.
A direction under subsection (6) may be—
given when the emergency protection order is made or at any time while it is in force; and
varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection.
Where an emergency protection order is in force with respect to a child and— he shall return the child or (as the case may be) allow him to be removed.
the applicant has exercised the power given by subsection (4)(b)(i) but it appears to him that it is safe for the child to be returned; or
the applicant has exercised the power given by subsection (4)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question,
Where he is required by subsection (10) to return the child the applicant shall—
return him to the care of the person from whose care he was removed; or
if that is not reasonably practicable, return him to the care of—
a parent of his;
any person who is not a parent of his but who has parental responsibility for him; or
such other person as the applicant (with the agreement of the court) considers appropriate.
Where the applicant has been required by subsection (10) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so.
Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under subsection (6), allow the child reasonable contact with—
his parents;
any person who is not a parent of his but who has parental responsibility for him;
any person with whom he was living immediately before the making of the order;
any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
any person who is allowed to have contact with the child by virtue of an order under section 34; and
any person acting on behalf of any of those persons.
Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible.
A person shall be guilty of an offence if he intentionally obstructs any person exercising the power under subsection (4)(b) to remove, or prevent the removal of, a child.
A person guilty of an offence under subsection (15) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order.
Where— the court may specify a period which ends at noon on the first later day which is not such a holiday.
the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but
the last of those eight days is a public holiday (that is to say, Christmas Day, Good Friday, a bank holiday or a Sunday),
Where an emergency protection order is made on an application under section 46(7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 46.
Any person who— may apply to the court for the period during which the emergency protection order is to have effect to be extended.
has parental responsibility for a child as the result of an emergency protection order; and
is entitled to apply for a care order with respect to the child,
On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended.
An emergency protection order may only be extended once.
Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of— which is, in the opinion of the court, relevant to the application.
any statement contained in any report made to the court in the course of, or in connection with, the hearing; or
any evidence given during the hearing,
Any of the following may apply to the court for an emergency protection order to be discharged—
the child;
a parent of his;
any person who is not a parent of his but who has parental responsibility for him; or
any person with whom he was living immediately before the making of the order.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement.
No appeal may be made against—
the making of, or refusal to make, an emergency protection order;
the extension of, or refusal to extend, the period during which such an order is to have effect;
the discharge of, or refusal to discharge, such an order; or
the giving of, or refusal to give, any direction in connection with such an order.
Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order).
Subsection (8) does not apply—
where the person who would otherwise be entitled to apply for the emergency protection order to be discharged—
was given notice (in accordance with rules of court) of the hearing at which the order was made; and
was present at that hearing; or
to any emergency protection order the effective period of which has been extended under subsection (5).
A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or registered midwife, if he so chooses.
The reference in subsection (12) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
Where— the court may include an exclusion requirement in the emergency protection order.
on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and
the conditions mentioned in subsection (2) are satisfied,
The conditions are—
that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then—
in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or
in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and
that another person living in the dwelling-house (whether a parent of the child or some other person)—
is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and
consents to the inclusion of the exclusion requirement.
For the purposes of this section an exclusion requirement is any one or more of the following—
a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,
a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and
a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.
The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.
Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.
Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.
Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.
Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.
Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.
If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.
Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—
remove the child to suitable accommodation and keep him there; or
take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.
For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection.
As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall—
inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;
give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated;
inform the child (if he appears capable of understanding)—
of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
of the further steps that may be taken with respect to him under this section;
take such steps as are reasonably practicable to discover the wishes and feelings of the child;
secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and
where the child was taken into police protection by being removed to accommodation which is not provided—
by or on behalf of a local authority; or
as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided.
As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform— of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section.
the child’s parents;
every person who is not a parent of his but who has parental responsibility for him; and
any other person with whom the child was living immediately before being taken into police protection,
On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.
No child may be kept in police protection for more than 72 hours.
While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child.
An application may be made under subsection (7) whether or not the authority know of it or agree to its being made.
While a child is being kept in police protection—
neither the constable concerned nor the designated officer shall have parental responsibility for him; but
the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected).
Where a child has been taken into police protection, the designated officer shall allow— to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests.
the child’s parents;
any person who is not a parent of the child but who has parental responsibility for him;
any person with whom the child was living immediately before he was taken into police protection;
any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;
any person who is allowed to have contact with the child by virtue of an order under section 34; and
any person acting on behalf of any of those persons,
Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer.
In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person.
No power of arrest may be attached to any undertaking given under subsection (1).
An undertaking given to a court under subsection (1)—
shall be enforceable as if it were an order of the court, and
shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
This section has effect without prejudice to the powers of the High Court and family court apart from this section.
In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.
Where a local authority— the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. ....
are informed that a child who lives, or is found, in their area—
is the subject of an emergency protection order; or
is in police protection; ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,
Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.
The enquiries shall, in particular, be directed towards establishing—
whether the authority should— with respect to the child;
make any application to court under this Act;
exercise any of their other powers under this Act;
exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or
(where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;
whether, in the case of a child— it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and
with respect to whom an emergency protection order has been made; and
who is not in accommodation provided by or on behalf of the authority,
whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).
Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable— unless they are satisfied that they already have sufficient information with respect to him.
to obtain access to him; or
to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,
Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).
Where, in the course of enquiries made under this section—
any officer of the local authority concerned; or
any person authorised by the authority to act on their behalf in connection with those enquiries— the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.
is refused access to the child concerned; or
is denied information as to his whereabouts,
The local authority referred to in subsection (5) is—
the local authority who —
maintain any school at which the child is a pupil, or
make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 or 19A of the Education Act 1996, or
in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.
If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—
consider whether it would be appropriate to review the case at a later date; and
if they decide that it would be, determine the date on which that review is to begin.
For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and
give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.
Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).
Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so.
Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case.
The persons are—
any local authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any local housing authority;
any integrated care board, Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust; and
NHS England;
any person authorised by the Secretary of State for the purposes of this section.
Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.
Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts— it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts.
is not available to the applicant for the order; but
is available to another person,
No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury.
An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made.
Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises.
Where— the order shall have effect as if it were an emergency protection order.
an order has been made under subsection (4);
the child concerned has been found on the premises; and
the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him,
Where an order has been made under subsection (4), the applicant shall notify the court of its effect.
A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4).
A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where, on an application made by any person for a warrant under this section, it appears to the court— it may issue a warrant authorising any constable to assist the person mentioned in paragraph (a) or (b) in the exercise of those powers using reasonable force if necessary.
that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or
that any such person is likely to be so prevented from exercising any such powers,
Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—
that person so desires; and
the court by whom the warrant is issued does not direct otherwise.
A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses.
An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
The reference in subsection (11) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible.
A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
takes a child to whom this section applies away from the responsible person;
keeps such a child away from the responsible person; or
induces, assists or incites such a child to run away or stay away from the responsible person.
This section applies in relation to a child who is— and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be.
in care;
the subject of an emergency protection order; or
in police protection,
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
Where it appears to the court that there is reason to believe that a child to whom this section applies— the court may make an order under this section (“a recovery order”).
has been unlawfully taken away or is being unlawfully kept away from the responsible person;
has run away or is staying away from the responsible person; or
is missing,
This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49.
A recovery order—
operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person;
authorises the removal of the child by any authorised person;
requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court;
authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary.
The court may make a recovery order only on the application of—
any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
where the child is in police protection, the designated officer.
A recovery order shall name the child and—
any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or
where the child is in police protection, the designated officer.
Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them.
In this section— “the designated officer” means the officer designated for the purposes of section 46.
any person specified by the court;
any constable;
any person who is authorised— to exercise any power under a recovery order; and
after the recovery order is made; and
by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order,
Where a person is authorised as mentioned in subsection (7)(c)—
the authorisation shall identify the recovery order; and
any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised.
A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury.
Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority.
A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it.
In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the Magistrates’ Courts (Northern Ireland) Order 1981.
Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home.
Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent.
In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation.
The Secretary of State may by regulations—
make provision as to the manner in which certificates may be issued;
impose requirements which must be complied with while any certificate is in force; and
provide for the withdrawal of certificates in prescribed circumstances.
Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home.
Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation.
The provisions are—
section 49;
articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales;
section 32(3) of the Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales;
section 2 of the Child Abduction Act 1984.
Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part.
The rules may, in particular make provision—
as to the form in which any application is to be made or direction is to be given;
prescribing the persons who are to be notified of—
the making, or extension, of an emergency protection order; or
the making of an application under section 45(4) or (8) or 46(7); and
as to the content of any such notification and the manner in which, and person by whom, it is to be given.
The Secretary of State may by regulations provide that, where— that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order.
an emergency protection order has been made with respect to a child;
the applicant for the order was not the local authority within whose area the child is ordinarily resident; and
that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,
Regulations made under subsection (3) may, in particular, make provision as to—
the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and
the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority.
Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— and may do so jointly with one or more other local authorities.
for the care and accommodation of children looked after by them; and
for purposes connected with the welfare of children (whether or not looked after by them),
In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation—
of different descriptions; and
which is suitable for different purposes and the requirements of different descriptions of children.
A community home may be a home—
provided, equipped, maintained and (subject to subsection (3A)) managed by a local authority; or
provided by a voluntary organisation but in respect of which a local authority and the organisation—
propose that, in accordance with an instrument of management, the equipment, maintenance and (subject to subsection (3B)) management of the home shall be the responsibility of the local authority; or
so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation.
Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home.
A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.
Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home.
Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.
Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part.
Where it appears to the Secretary of State that—
any premises used for the purposes of a community home are unsuitable for those purposes; or
the conduct of a community home— he may, by notice in writing served on the responsible body, direct that as from such date as may be specified in the notice the premises shall not be used for the purposes of a community home.
is not in accordance with regulations made by him under paragraph 4 of Schedule 4; or
is otherwise unsatisfactory,
Where— he may at any time by order revoke the instrument of management for the home concerned.
the Secretary of State has given a direction under subsection (1); and
the direction has not been revoked,
For the purposes of subsection (1), the responsible body—
in relation to a community home provided by a local authority, is that local authority;
in relation to a controlled community home, is the local authority specified in the home’s instrument of management; and
in relation to an assisted community home, is the voluntary organisation by which the home is provided.
Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and— the dispute may be referred by either party to the Secretary of State for his determination.
the voluntary organisation by which the home is provided; or
any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them,
Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination.
Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned.
This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of—
the local authority specified in the home’s instrument of management; or
(as the case may be) the voluntary organisation by which the home is provided.
Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section.
In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating—
the maintenance, management or conduct of the home; or
the constitution of a body of managers or trustees of the home.
The voluntary organisation by which a controlled or assisted community home is provided shall not cease to provide the home except after giving to the Secretary of State and the local authority specified in the home’s instrument of management not less than two years’ notice in writing of their intention to do so.
A notice under subsection (1) shall specify the date from which the voluntary organisation intend to cease to provide the home as a community home.
Where such a notice is given and is not withdrawn before the date specified in it, the home’s instrument of management shall cease to have effect on that date and the home shall then cease to be a controlled or assisted community home.
Where a notice is given under subsection (1) and the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as its managers until the date specified in the subsection (1) notice, the Secretary of State may by order—
revoke the home’s instrument of management; and
require the local authority who were specified in that instrument to conduct the home until— as if it were a community home provided by the local authority.
the date specified in the subsection (1) notice; or
such earlier date (if any) as may be specified for the purposes of this paragraph in the order,
Where the Secretary of State imposes a requirement under subsection (4)(b)—
nothing in the trust deed for the home shall affect the conduct of the home by the local authority;
the Secretary of State may by order direct that for the purposes of any provision specified in the direction and made by or under any enactment relating to community homes (other than this section) the home shall, until the date or earlier date specified as mentioned in subsection (4)(b), be treated as a controlled or assisted community home;
except in so far as the Secretary of State so directs, the home shall until that date be treated for the purposes of any such enactment as a community home provided by the local authority; and
on the date or earlier date specified as mentioned in subsection (4)(b) the home shall cease to be a community home.
The local authority specified in the instrument of management for a controlled or assisted community home may give— not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home.
the Secretary of State; and
the voluntary organisation by which the home is provided,
A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn.
Where— the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order.
a notice is given under subsection (1) in respect of a controlled or assisted community home;
the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and
the managers’ notice is not withdrawn,
Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation.
Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on— and the home shall then cease to be a community home.
the specified date; or
where an earlier date has been specified under subsection (3), that earlier date,
Where— the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section.
the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section . . . , 56(3) or (4)(a) or 57(3) or (5); or
any premises used for the purposes of such a home are (at any time after 13th January 1987) disposed of, or put to use otherwise than for those purposes,
Where the instrument of management in force at the relevant time relates— the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority.
to a controlled community home; or
to an assisted community home which, at any time before the instrument came into force, was a controlled community home,
Where the instrument of management in force at the relevant time relates— the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant under section 82, section 65 of the Children and Young Persons Act 1969 or section 82 of the Child Care Act 1980.
to an assisted community home; or
to a controlled community home which, at any time before the instrument came into force, was an assisted community home,
Where the home is, at the relevant time, conducted in premises which formerly were used as an approved school or were an approved probation hostel or home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure—
of sums paid towards the expenses of the managers of an approved school under section 104 of the Children and Young Persons Act 1933; . . .
of sums paid under section 51(3)(c) of the Powers of Criminal Courts Act 1973 or section 20(1)(c) of the Probation Service Act 1993 in relation to expenditure on approved probation hostels or homes. or
of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act).
The appropriate compensation shall be paid—
in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and
in any other case, to the Secretary of State.
In this section—
“the proprietor” means—
the voluntary organisation by which the home is, at the relevant time, provided; or
if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested;
“children’s home”—
For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred—
in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed;
in the case of premises which are put to different use, on the date on which they first begin to be put to their new use.
The amount of any sum payable under this section shall be determined in accordance with such arrangements—
as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the responsible authority or (as the case may be) the Secretary of State; or
in default of agreement, as may be determined by the Secretary of State.
With the agreement of the responsible authority or (as the case may be) the Secretary of State, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises.
This section has effect regardless of—
anything in any trust deed for a controlled or assisted community home;
the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation.
Where a voluntary organisation provide accommodation for a child, they shall do so by—
placing him (subject to subsection (2)) with — on such terms as to payment by the organisation and otherwise as the organisation may determine (subject to section 49 of the Children Act 2004);
a family;
a relative of his; or
any other suitable person,
maintaining him in a voluntary home;
maintaining him in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016;
maintaining him in a community home;
maintaining him in a registered children’s home;
maintaining him in a home provided by the Secretary of State under section 82(5) on such terms as the Secretary of State may from time to time determine; or
making such other arrangements (subject to subsection (3)) as seem appropriate to them.
The appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations ... .
Where under subsection (1)(aa) a voluntary organisation maintains a child in a home provided, equipped and maintained by an appropriate national authority under section 82(5), it shall do so on such terms as that national authority may from time to time determine.
The appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f) ... .
The appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child— in accordance with the provisions of the regulations.
to review his case; and
to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person,
Regulations under subsection (4) may in particular make provision which (with any necessary modifications) is similar to the provision that may be made under section 26.
Regulations made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2.
Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.
Regulations made in relation to England under subsection (4) may, in particular—
apply with modifications any provision of section 25A or 25B;
make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26.
Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.
In this Part “appropriate national authority” means—
in relation to England, the Secretary of State; and
in relation to Wales, the Welsh Ministers.
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In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home.
a nursing home, mental nursing home or residential care home;
a school;
any health service hospital;
any community home;
any home or other institution provided, equipped and maintained by the Secretary of State; or
any home which is exempted by regulations made for the purposes of this section by the Secretary of State.
Schedule 5 shall have effect for the purpose of supplementing the provisions of this Part.
Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation—
to safeguard and promote his welfare;
to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and
to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.
Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of— regarding the matter to be decided.
the child;
his parents;
any person who is not a parent of his but who has parental responsibility for him; and
any other person whose wishes and feelings the organisation consider to be relevant,
In making any such decision the organisation shall give due consideration—
having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain;
to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and
to the child’s religious persuasion, racial origin and cultural and linguistic background.
Every local authority shall satisfy themselves that any voluntary organisation providing accommodation— are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation.
within the authority’s area for any child; or
outside that area for any child on behalf of the authority,
Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare.
The appropriate national authority may make regulations—
requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority—
in prescribed circumstances; and
on specified occasions or within specified periods; and
imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section.
Subsection (2) does not apply in relation to community homes.
Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall—
unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—
a parent of his;
any person who is not a parent of his but who has parental responsibility for him; or
a relative of his; and
consider the extent to which (if at all) they should exercise any of their functions with respect to the child.
Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section—
enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2);
inspect any children there;
require any person to furnish him with such records of a kind required to be kept by regulations made under section 22 of the Care Standards Act 2000 or section 20 of the Health and Social Care Act 2008 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (in whatever form they are held), or allow him to inspect such records, as he may at any time direct.
Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
Any person authorised to exercise the power to inspect records conferred by subsection (6)—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
may require— to afford him such assistance as he may reasonably require.
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, a 16 to 19 Academy or a school.
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means a home which provides (or usually provides or is intended to provide) care and accommodation wholly or mainly for more than three children at any one time; but
does not include a home which is exempted by or under any of the following provisions of this section or by regulations made for the purposes of this subsection by the Secretary of State.
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a parent of his;
a person who is not a parent of his but who has parental responsibility for him; or
any relative of his.
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a community home;
a voluntary home;
a residential care home, nursing home or mental nursing home;
a health service hospital;
a home provided, equipped and maintained by the Secretary of State; or
a school (but subject to subsection (6)).
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it provides accommodation for not more than fifty children; and
it is not approved by the Secretary of State under section 11(3)(a) of the Education Act 1981.
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any person mentioned in subsection (4)(a) or (b) is living at the home; or
the person caring for him is doing so in his personal capacity and not in the course of carrying out his duties in relation to the home.
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guilty of an offence; and
liable to a fine not exceeding level 5 on the standard scale,
Schedule 6 shall have effect with respect to private children’s homes.
Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated—
for the purposes of this Act and the Care Standards Act 2000, as carrying on a children’s home ; and
for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act.
Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to—
safeguard and promote the child’s welfare;
make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and
advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.
Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of— regarding the matter to be decided.
the child;
his parents;
any other person who is not a parent of his but who has parental responsibility for him; and
any person whose wishes and feelings the person carrying on the home considers to be relevant,
In making any such decision the person concerned shall give due consideration—
having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain;
to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and
to the child’s religious persuasion, racial origin and cultural and linguistic background.
Section 62, except subsection (4), shall apply in relation to any person who is carrying on a private children’s home as it applies in relation to any voluntary organisation.
A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home in Wales unless he has—
disclosed to the appropriate authority the fact that he is so disqualified; and
obtained its written consent.
A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—
P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and
P has obtained the appropriate authority's written consent.
No person shall employ a person who is so disqualified in a children’s home in Wales unless he has—
disclosed to the appropriate authority the fact that that person is so disqualified; and
obtained its written consent.
A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—
E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and
E has obtained the appropriate authority's written consent.
Where the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—
the reason for the refusal;
the applicant’s right to appeal under section 65A against the refusal to the First-tier Tribunal
the time within which he may do so.
Any person who contravenes subsection (A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
Where a person contravenes subsection (A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.
In this section and section 65A “appropriate authority” means—
in relation to England, the Her Majesty's Chief Inspector of Education, Children's Services and Skills; and
in relation to Wales, the National Assembly for Wales.
An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal .
On an appeal the Tribunal may confirm the authority’s decision or direct it to give the consent in question.
In this Part—
“a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their own home by, someone other than—
a parent of his;
a person who is not a parent of his but who has parental responsibility for him; or
a relative of his; and
“to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section.
A child is not privately fostered child if the person caring for and accommodating him—
has done so for a period a period of less than 28 days; and
does not intend to do so for any longer period.
Subsection (1) is subject to —
the provisions of section 63; and
the exceptions made by paragraph 1 to 5 of Schedule 8.
In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”.
Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part.
The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home.
It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within their area is being or will be satisfactorily safeguarded and promoted and to secure that such advice is given to those concerned with them as appears to the authority to be needed.
The Secretary of State may make regulations—
requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority—
in prescribed circumstances; and
on specified occasions or within specified periods; and
imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section.
Where any person who is authorised by a local authority to visit for the purpose has reasonable cause to believe that— he may at any reasonable time inspect those premises and any children there.
any privately fostered child is being accommodated in premises within the authority’s area; or
it is proposed to accommodate any such child in any such premises,
imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section.
Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so.
Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.
Where a local authority are not satisfied that the welfare of any child who is or is proposed to be privately fostered within their area is being or will be satisfactorily safeguarded or promoted they shall—
a parent of his;
any person who is not a parent of his but who has
a relative of his; and
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).
Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section.
The regulations may, in particular, provide for a person to be so disqualified where—
an order of a kind specified in the regulations has been made at any time with respect to him;
an order of a kind so specified has been made at any time with respect to any child who has been in his care;
a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;
he has been convicted of any offence of a kind so specified, or. . . discharged absolutely or conditionally for any such offence;
a prohibition has been imposed on him at any time under section 69 or under any other specified enactment;
his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment.
Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if—
he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or
he lives in a household at which any such person is employed.
A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d).
Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states—
the reason for the refusal;
the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and
the time within which he may do so.
In this section—
A person shall not foster a child privately if—
he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or
he lives in the same household as a person who is barred from such activity.
This section applies where a person—
proposes to foster a child privately; or
is fostering a child privately.
Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that— the authority may impose a prohibition on him under subsection (3).
he is not a suitable person to foster a child;
the premises in which the child will be, or is being, accommodated are not suitable; or
it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises,
A prohibition imposed on any person under this subsection may prohibit him from fostering privately—
any child in any premises within the area of the local authority; or
any child in premises specified in the prohibition.
a child identified in the prohibition, in premises specified in the prohibition.
A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition— if they are satisfied that the prohibition is no longer justified.
of their own motion; or
on an application made by that person,
Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3).
Any prohibition imposed by virtue of subsection (5) shall not have effect unless—
the time specified for compliance with the requirement has expired; and
the requirement has not been compiled with.
A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of—
the reason for imposing the prohibition;
his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and
the time within which he may do so.
A person shall be guilty of an offence if—
being required, under any provision made by or under this Part, to give any notice or information—
he fails without reasonable excuse to give the notice within the time specified in that provision; or
he fails without reasonable excuse to give the information within a reasonable time; or
he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular;
he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority;
he intentionally obstructs another in the exercise of the power conferred by section 67(3);
he contravenes section 68;
he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part;
he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part;
he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8.
Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question.
A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person guilty of an offence under subsection (1)(d) or (f) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.
Subsection (7) is not affected by anything in section 127(1) of the Magistrates’ Courts Act 1980 (time limit for proceedings).
Every local authority shall keep a register of—
persons who act as child minders on domestic premises within the authority’s area; and
persons who provide day care for children under the age of eight on premises (other than domestic premises) within that area.
For the purposes of this Part—
a person acts as a child minder if—
he looks after one or more children under the age of eight, for reward; and
the period, or the total of the periods, which he spends so looking after children in any day exceeds two hours; and
a person does not provide day care for children unless the period, or the total of the periods, during which children are looked after exceeds two hours in any day.
Where a person provides day care for children under the age of eight on different premises situated within the area of the same local authority, that person shall be separately registered with respect to each of those premises.
A person who— does not act as a child minder for the purposes of this Part when looking after that child.
is the parent, or a relative, of a child;
has parental responsibility for a child; or
is a foster parent of a child,
Where a person is employed as a nanny for a child, she does not act as a child minder when looking after that child wholly or mainly in the home of the person so employing her.
Where a person is so employed by two different employers, she does not act as a child minder when looking after any of the children concerned wholly or mainly in the home of either of her employers.
A local authority may refuse to register an applicant for registration under subsection (1)(a) if they are satisfied that— is not fit to look after children under the age of eight.
the applicant; or
any person looking after, or likely to be looking after, any children on any premises on which the applicant is, or is likely to be, child minding,
A local authority may refuse to register an applicant for registration under subsection (1)(a) if they are satisfied that— is not fit to be in the proximity of children under the age of eight.
any person living, or likely to be living, at any premises on which the applicant is, or is likely to be, child minding; or
any person employed, or likely to be employed, on those premises,
A local authority may refuse to register an applicant for registration under subsection (1)(b) if they are satisfied that any person looking after, or likely to be looking after, any children on the premises to which the application relates is not fit to look after children under the age of eight.
A local authority may refuse to register an applicant for registration under subsection (1)(b) if they are satisfied that— is not fit to be in the proximity of children under the age of eight.
any person living, or likely to be living, at the premises to which the application relates; or
any person employed, or likely to be employed, on those premises,
A local authority may refuse to register an applicant for registration under this section if they are satisfied— are not fit to be used for looking after children under the age of eight, whether because of their condition or the condition of any equipment used on the premises or for any reason connected with their situation, construction or size.
in the case of an application under subsection (1)(a), that any premises on which the applicant is, or is likely to be, child minding; or
in the case of an application under subsection (1)(b), that the premises to which the application relates,
In this section—
unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by—
For the purposes of this Part a person acts as a nanny for a child if she is employed to look after the child by—
a parent of the child;
a person who is not a parent of the child but who has parental responsibility for him; or
a person who is a relative of the child and who has assumed responsibility for his care.
For the purposes of this section, a person fosters a child if—
he is a local authority foster parent in relation to the child;
he is a foster parent with whom the child has been placed by a voluntary organisation; or
he fosters the child privately.
Any register kept under this section—
shall be open to inspection by members of the public at all reasonable times; and
may be kept by means of a computer.
Schedule 9 shall have effect for the purpose of making further provision with respect to registration under this section including, in particular, further provision for exemption from the requirement to be registered and provision for disqualification.
Where a local authority register a person under section 71(1)(a), they shall impose such reasonable requirements on him as they consider appropriate in his case.
In imposing requirements on him, the authority shall—
specify the maximum number of children, or the maximum number of children within specified age groups, whom he may look after when acting as a child minder;
require him to secure that any premises on which he so looks after any child, and the equipment used in those premises, are adequately maintained and kept safe;
require him to keep a record of the name and address of—
any child so looked after by him on any premises within the authority’s area;
any person who assists in looking after any such child; and
any person living, or likely at any time to be living, at those premises;
require him to notify the authority in writing of any change in the persons mentioned in paragraph (c)(ii) and (iii).
The Secretary of State may by regulations make provision as to—
requirements which must be imposed by local authorities under this section in prescribed circumstances;
requirements of such descriptions as may be prescribed which must not be imposed by local authorities under this section.
In determining the maximum number of children to be specified under subsection (2)(a), the authority shall take account of the number of other children who may at any time be on any premises on which the person concerned acts, or is likely to act, as a child minder.
Where, in addition to the requirements mentioned in subsection (2), a local authority impose other requirements, those other requirements must not be incompatible with any of the subsection (2) requirements.
A local authority may at any time vary any requirement imposed under this section, impose any additional requirement or remove any requirement.
Where a local authority register a person under section 71(1)(b) they shall impose such reasonable requirements on him as they consider appropriate in his case.
Where a person is registered under section 71(1)(b) with respect to different premises within the area of the same authority, this section applies separately in relation to each registration.
In imposing requirements on him, the authority shall—
specify the maximum number of children, or the maximum number of children within specified age groups, who may be looked after on the premises;
require him to secure that the premises, and the equipment used in them, are adequately maintained and kept safe;
require him to notify the authority of any change in the facilities which he provides or in the period during which he provides them;
specify the number of persons required to assist in looking after children on the premises;
require him to keep a record of the name and address of—
any child looked after on the registered premises;
any person who assists in looking after any such child; and
any person who lives, or is likely at any time to be living, at those premises;
require him to notify the authority of any change in the persons mentioned in paragraph (e)(ii) and (iii).
The Secretary of State may by regulations make provision as to—
requirements which must be imposed by local authorities under this section in prescribed circumstances;
requirements of such descriptions as may be prescribed which must not be imposed by local authorities under this section.
In subsection (3), references to children looked after are to children looked after in accordance with the provision of day care made by the registered person.
In determining the maximum number of children to be specified under subsection (3)(a), the authority shall take account of the number of other children who may at any time be on the premises.
Where, in addition to the requirements mentioned in subsection (3), a local authority impose other requirements, those other requirements must not be incompatible with any of the subsection (3) requirements.
A local authority may at any time vary any requirement imposed under this section, impose any additional requirement or remove any requirement.
A local authority may at any time cancel the registration of any person under section 71(1)(a) if—
it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person as a child minder;
the care provided by that person when looking after any child as a child minder is, in the opinion of the authority, seriously inadequate having regard to the needs of that child; or
that person has—
contravened, or failed to comply with, any requirement imposed on him under section 72; or
failed to pay any annual fee under paragraph 7 of Schedule 9 within the prescribed time.
A local authority may at any time cancel the registration of any person under section 71(1)(b) with respect to particular premises if—
it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person with respect to those premises;
the day care provided by that person on those premises is, in the opinion of the authority, seriously inadequate having regard to the needs of the children concerned; or
that person has—
contravened, or failed to comply with, any requirement imposed on him under section 73; or
failed to pay any annual fee under paragraph 7 of Schedule 9 within the prescribed time.
A local authority may at any time cancel all registrations of any person under section 71(1)(b) if it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person with respect to any premises.
Where a requirement to carry out repairs or make alterations or additions has been imposed on a registered person under section 72 or 73, his registration shall not be cancelled on the ground that the premises are not fit to be used for looking after children if—
the time set for complying with the requirements has not expired, and
it is shown that the condition of the premises is due to the repairs not having been carried out or the alterations or additions not having been made.
Any cancellation under this section must be in writing.
In considering the needs of any child for the purposes of subsection (1)(b) or (2)(b), a local authority shall, in particular, have regard to the child’s religious persuasion, racial origin and cultural and linguistic background.
If— the court may make the order.
a local authority apply to the court for an order—
cancelling a registered person’s registration;
varying any requirement imposed on a registered person under section 72 or 73; or
removing a requirement or imposing an additional requirement on such a person; and
it appears to the court that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,
Any such cancellation, variation, removal or imposition shall have effect from the date on which the order is made.
An application under subsection (1) may be madeex parteand shall be supported by a written statement of the authority’s reasons for making it.
Where an order is made under this section, the authority shall serve on the registered person, as soon as is reasonably practicable after the making of the order—
notice of the order and of its terms; and
a copy of the statement of the authority’s reasons which supported their application for the order.
Where the court imposes or varies any requirement under subsection (1), the requirement, or the requirement as varied, shall be treated for all purposes, other than those of section 77, as if it had been imposed under section 72 or (as the case may be) 73 by the authority concerned.
Any person authorised to do so by a local authority may at any reasonable time enter—
any domestic premises within the authority’s area on which child minding is at any time carried on; or
any premises within their area on which day care for children under the age of eight is at any time provided.
Where a local authority have reasonable cause to believe that a child is being looked after on any premises within their area in contravention of this Part, any person authorised to do so by the authority may enter those premises at any reasonable time.
Any person entering premises under this section may inspect—
the premises;
any children being looked after on the premises;
the arrangements made for their welfare; and
any records relating to them which are kept as a result of this Part.
Every local authority shall exercise their power to inspect the premises mentioned in subsection (1) at least once every year.
Any person inspecting any records under this section—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is, or has been, in use in connection with the records in question; and
may require— to afford him such reasonable assistance as he may require.
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.
Any person who intentionally obstructs another in the exercise of any such power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Not less than 14 days before— the authority concerned shall send to the applicant, or (as the case may be) registered person, notice in writing of their intention to take the step in question (“the step”).
refusing an application for registration under section 71;
cancelling any such registration;
refusing consent under paragraph 2 of Schedule 9;
imposing, removing or varying any requirement under section 72 or 73; or
refusing to grant any application for the variation or removal of any such requirement,
Every such notice shall—
give the authority’s reasons for proposing to take the step; and
inform the person concerned of his rights under this section.
Where the recipient of such a notice informs the authority in writing of his desire to object to the step being taken, the authority shall afford him an opportunity to do so.
Any objection made under subsection (3) may be made in person or by a representative.
If the authority, after giving the person concerned an opportunity to object to the step being taken, decide nevertheless to take it they shall send him written notice of their decision.
A person aggrieved by the taking of any step mentioned in subsection (1) may appeal against it to the court.
Where the court imposes or varies any requirement under subsection (8) or (9) the requirement, or the requirement as varied, shall be treated for all purposes (other than this section) as if it had been imposed by the authority concerned.
Where the court allows an appeal against the refusal or cancellation of any registration under section 71 it may impose requirements under section 72 or (as the case may be) 73.
Where the court allows an appeal against such a requirement it may, instead of cancelling the requirement, vary it.
In Scotland, an appeal under subsection (6) shall be by summary application to the sheriff and shall be brought within 21 days from the date of the step to which the appeal relates.
A step of a kind mentioned in subsection (1)(b) or (d) shall not take effect until the expiry of the time within which an appeal may be brought under this section or, where such an appeal is brought, before its determination.
No person shall provide day care for children under the age of eight on any premises within the area of a local authority unless he is registered by the authority under section 71(1)(b) with respect to those premises.
If any person contravenes subsection (1) without reasonable excuse, he shall be guilty of an offence.
No person shall act as a child minder on domestic premises within the area of a local authority unless he is registered by the authority under section 71(1)(a).
Where it appears to a local authority that a person has contravened subsection (3), they may serve a notice (“an enforcement notice”) on him.
An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
If a person with respect to whom an enforcement notice is in force contravenes subsection (3) without reasonable excuse he shall be guilty of an offence.
Subsection (6) applies whether or not the subsequent contravention occurs within the area of the authority who served the enforcement notice.
Any person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement imposed on him under section 72 or 73 shall be guilty of an offence.
If any person— he shall be guilty of an offence.
acts as a child minder on domestic premises at any time when he is disqualified by regulations made under paragraph 2 of Schedule 9; or
contravenes any of sub-paragraphs (3) to (5) of paragraph 2,
Where a person contravenes sub-paragraph (3) of paragraph 2 he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household.
Where a person contravenes sub-paragraph (5) of paragraph 2 he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.
A person guilty of an offence under this section shall be liable on summary conviction—
in the case of an offence under subsection (8), to a fine not exceeding level 4 on the standard scale;
in the case of an offence under subsection (9), to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both; and
in the case of any other offence, to a fine not exceeding level 5 on the standard scale.
“the court” means the sheriff;
“day care” means any form of care or of activity supervised by a responsible person provided for children during the day (whether or not it is provided on a regular basis);
“education authority” has the same meaning as in the Education (Scotland) Act 1980;
“local authority foster parent” means a foster parent with whom a child is placed by a local authority;
for references to a person having parental responsibility for a child there shall be substituted references to a person in whom parental rights and duties relating to the child are vested; and
for references to fostering a child privately there shall be substituted references to maintaining a foster child within the meaning of the Foster Children (Scotland) Act 1984.
The Appropriate National Authority may cause to be inspected from time to time any—
private children’s home in England;
premises in which a child who is being looked after by a local authority is living;
premises in which a child who is being accommodated by or on behalf of a local authority in the exercise of education functions or a voluntary organisation is living;
premises in which a child who is being accommodated by or on behalf of a Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust or pursuant to arrangements made by the Appropriate National Authority, NHS England or an integrated care board under the National Health Service Act 2006 is living;
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premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;
premises on which any person is acting as a child minder;
premises with respect to which a person is registered under section 71(1)(b);
care home in England or independent hospital used to accommodate children;
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premises which are provided by a local authority and in which any service is provided by that authority under Part III;
school or college providing accommodation for any child;
An inspection under this section shall be conducted by a person authorised to do so by the Appropriate National Authority.
An officer of a local authority shall not be so authorised except with the consent of that authority.
The Appropriate National Authority may require any person of a kind mentioned in subsection (5) to furnish it with such information, or allow it to inspect such records (in whatever form they are held), relating to— as the Appropriate National Authority may at any time direct.
any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;
any child who is living in any such premises;
the discharge by the Appropriate National Authority of any of its functions under this Act; or
the discharge by any local authority of any of their functions under this Act,
The persons are any—
local authority;
voluntary organisation;
person carrying on a private children’s home in England;
proprietor of an independent school or governing body of any other school;
person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, ... Local Health Board, Special Health Authority ... National Health Service trust , NHS foundation trust or voluntary organisation;
governing body of an institution designated under section 28 of the Further and Higher Education Act 1992;
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further education corporation;
person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by a local authority) at which a child is accommodated on behalf of a local authority . . . ;
sixth form college corporation;
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proprietor of a 16 to 19 Academy;
person carrying on any home of a kind mentioned in subsection (1)(j).
person providing accommodation for a child pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006;
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person carrying on a fostering agency.
Any person inspecting any home or other premises under this section may—
inspect the children there; and
make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.
Any person authorised by the Appropriate National Authority to exercise the power to inspect records conferred by subsection (4)—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
may require— to afford him such reasonable assistance as he may require.
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.
Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.
Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Appropriate National Authority may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.
Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.
But subsections (1), (4) and (6) do not apply if—
the Appropriate National Authority is the Welsh Ministers; and
the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).
In this section—
“further education corporation” has the same meaning as in the Further and Higher Education Act 1992.
In this section “Appropriate National Authority” means—
in relation to England, the Secretary of State; and
in relation to Wales, the Welsh Ministers.
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The Secretary of State may cause an inquiry to be held into any matter connected with—
the functions of the social services committee of a local authority, in so far as those functions relate to children;
the functions of an adoption agency;
the functions of a voluntary organisation, in so far as those functions relate to children;
a registered children’s home or voluntary home;
a residential care home, nursing home or mental nursing home, so far as it provides accommodation for children;
a home provided by the Secretary of State under section 82(5);
the detention of a child under section 53 of the Children and Young Persons Act 1933.
Before an inquiry is begun, the Secretary of State may direct that it shall be held in private.
Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
In this section “functions” includes powers and duties which a person has otherwise than by virtue of any enactment.
The Secretary of State may (with the consent of the Treasury) defray or contribute towards—
any fees or expenses incurred by any person undergoing approved child care training;
any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or
the cost of maintaining any person undergoing such training.
The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes.
Where— the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part.
a grant has been made under subsection (2) with respect to any secure accommodation; but
the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation,
The Secretary of State may make grants to voluntary organisations towards—
expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred—
were assisted community homes; or
were designated as such; or
expenses incurred in respect of the borrowing of money to defray any such expenditure.
The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which—
are or will be provided in those homes; and
in the opinion of the Secretary of State, are unlikely to be readily available in community homes.
In this Part—
“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a care home or independent hospital; or
his employment by a voluntary organisation for similar purposes;
Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine.
The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with—
his functions, or the functions of local authorities, under the enactments mentioned in subsection (9);
the adoption of children; or
the functions of—
the accommodation of children in a care home or independent hospital.
the Child Safeguarding Practice Review Panel;
safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;
child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;
Any local authority may conduct, or assist other persons in conducting, research into any matter connected with—
their functions under the enactments mentioned in subsection (9);
the adoption of children; or
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the accommodation of children in a care home or independent hospital.
Every local authority 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 performance by the local authority of all or any of their functions—
under the enactments mentioned in subsection (9); or
in connection with the accommodation of children in a care home or independent hospital; and
the children in relation to whom the authority have exercised those functions.;...
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Every voluntary organisation 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 children accommodated by them or on their behalf.
The Secretary of State may direct an officer of the family court to transmit— such particulars as he may require with respect to proceedings of the court which relate to children.
to such person as may be specified in the direction; and
at such times and in such form as he may direct,
Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.
The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5).
The Secretary of State may institute research designed to provide information on which requests for information under this section may be based.
The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by— concerning the provision of such training.
the Central Council for Education and Training in Social Work;
such representatives of local authorities as appear to him to be appropriate; or
such other persons or organisations as appear to him to be appropriate,
The enactments are—
this Act;
the Children and Young Persons Acts 1933 to 1969;
section 116 of the Mental Health Act 1983 (so far as it relates to children looked after by local authorities);
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Part 1 of the Adoption and Children Act 2002;
the Children Act 2004;
the Children and Young Persons Act 2008.
If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.
An order under subsection (1) shall give the Secretary of State’s reasons for making it.
An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary.
Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.
This section and section 79B apply for the purposes of this Part.
“Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly.
A person who— does not act as a child minder when looking after that child.
is the parent, or a relative, of a child;
has parental responsibility for a child;
is a local authority foster parent in relation to a child;
is a foster parent with whom a child has been placed by a voluntary organisation; or
fosters a child privately,
Where a person— and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding.
looks after a child for the parents (“P1”), or
in addition to that work, looks after another child for different parents (“P2”),
In subsection (4), “parent”, in relation to a child, includes—
a person who is not a parent of the child but who has parental responsibility for the child;
a person who is a relative of the child.
“Day care” means care provided at any time for children under the age of eight on premises other than domestic premises.
This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.
In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.
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In this Act “the Assembly” means the National Assembly for Wales.
A person is qualified for registration for child minding if—
he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;
every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;
the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
he is complying with regulations under section 79C and with any conditions imposed under this Part .
A person is qualified for registration for providing day care on particular premises if—
he has made adequate arrangements to ensure that—
every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and
every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight;
the responsible individual—
is suitable to look after children under the age of eight, or
if he is not looking after such children, is suitable to be in regular contact with them;
the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and
he is complying with regulations under section 79C and with any conditions imposed under this Part .
For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if—
none of his work is done in the part of the premises in which children are looked after; or
he does not work on the premises at times when children are looked after there.
For the purposes of subsection (4), “the responsible individual” means—
in a case of one individual working on the premises in the provision of day care, that person;
in a case of two or more individuals so working, the individual so working who is in charge.
Where, for the purposes of determining a person’s qualification for registration under this Part— the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children.
the Assembly requests any person (“A”) to consent to the disclosure to the Assembly by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and
A does not give his consent (or withdraws it after having given it),
“Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle.
“Regulations” means regulations made by the Assembly.
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Schedule 9A (which supplements the provisions of this Part) shall have effect.
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The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales.
The regulations under this section may deal with the following matters (among others)—
the welfare and development of the children concerned;
suitability to look after, or be in regular contact with, children under the age of eight;
qualifications and training;
the maximum number of children who may be looked after and the number of persons required to assist in looking after them;
the maintenance, safety and suitability of premises and equipment;
the keeping of records;
the provision of information.
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If the regulations require any person (other than the Assembly ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account—
by the Assembly in the exercise of its functions under this Part, or
in any proceedings under this Part.
Regulations may provide—
that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and
that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.
Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him.
An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse . . . , he shall be guilty of an offence.
No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Walesby the Assembly .
If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person who wishes to be registered under this Part shall make an application to the Assembly .
The application shall—
give prescribed information about prescribed matters;
give any other information which the Assembly reasonably requires the applicant to give.
be accompanied by the prescribed fee.
Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.
Where the Assembly has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the Assembly .
A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
If, on an application under section 79E by a person for registration for child minding— the Assembly shall grant the application; otherwise, it shall refuse it.
the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); . . .
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If, on an application under section 79E by any person for registration for providing day care on any premises— the Assembly shall grant the application; otherwise, it shall refuse it.
the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); . . .
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An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose.
The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.
Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.
A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.
A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
the Assembly may cancel the registration of any person if— or if a fee which is due from the person has not been paid.
in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;
in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,
Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person . . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
the time set for complying with the requirements has not expired; and
it is shown that the defect or insufficiency is due to the changes or additions not having been made.
Any cancellation under this section must be in writing.
Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances.
Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension.
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A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.
A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.
If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration.
But a person may not give a notice under subsection (1)—
if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or
if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
If, in the case of any person registered under this Part for acting as a child minder or providing day care— the justice may make the order.
the Assembly applies to a justice of the peace for an order—
cancelling the registration;
varying or removing any condition to which the registration is subject; or
imposing a new condition; and
it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,
The cancellation, variation, removal or imposition shall have effect from the time when the order is made.
An application under subsection (1) may be made without notice.
An order under subsection (1) shall be made in writing.
Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order—
a copy of the order;
a copy of any written statement of the Assembly’s reasons for making the application for the order which supported that application; and
notice of any right of appeal conferred by section 79M.
Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.
Not less than 14 days before— the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.
refusing an application for registration;
cancelling a registration;
removing or varying any condition to which a registration is subject or imposing a new condition; or
refusing to grant an application for the removal or variation of any condition to which a registration is subject,
Every such notice shall—
give the Assembly’s reasons for proposing to take the step; and
inform the person concerned of his rights under this section.
Where the recipient of such a notice informs the Assembly in writing of his desire to object to the step being taken, the Assembly shall afford him an opportunity to do so.
Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.
If the Assembly , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.
A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.
Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the Assembly in writing that he does not intend to appeal.
An appeal against— shall lie to the First-tier Tribunal.
the taking of any step mentioned in section 79L(1); . . .
an order under section 79K, or
a determination made by the Assembly under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,
On an appeal, the First-tier Tribunal may—
confirm the taking of the step or the making of the order or determination or direct that it shall not have, or shall cease to have, effect; and
impose, vary or cancel any condition.
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The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so.
In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; . . .
The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part.
The Assembly may by regulations make provision—
for the inspection of . . . child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales;
for the publication of reports of the inspections in such manner as the Assembly considers appropriate.
The regulations may provide for the inspections to be organised by—
the Assembly; or
Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly.
The regulations may provide for subsections (2) to (4) of section 29 of the Education Act 2005 to apply with modifications in relation to the publication of reports under the regulations.
Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in . . . Wales on which child minding or day care is at any time provided.
Where a person who is authorised for the purposes of this subsection by the Assembly has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time.
Authorisation under subsection (1) or (2)—
may be given for a particular occasion or period;
may be given subject to conditions.
A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))—
inspect the premises;
inspect, and take copies of—
any records kept by the person providing the child minding or day care; and
any other documents containing information relating to its provision;
seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section;
take measurements and photographs or make recordings;
inspect any children being looked after there, and the arrangements made for their welfare;
interview in private the person providing the child minding or day care; and
interview in private any person looking after children, or living or working, there who consents to be interviewed.
Section 58 of the Education Act 2005 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act.
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A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.
It shall be an offence wilfully to obstruct a person exercising any such power.
Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section— . . . “documents” and “records” each include information recorded in any form.
Each local authority in Wales shall, in accordance with regulations, secure the provision—
of information and advice about child minding and day care; and
of training for persons who provide or assist in providing child minding or day care.
“education supervision order” has the meaning given in section 36;
This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the following conditions.
Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
Where a child is provided with accommodation in England by any ..., Special Health Authority, ... National Health Service trust or NHS foundation trust or by a local authority in England in the exercise of education functions (“the accommodating authority”)— the accommodating authority shall notify the appropriate officer of the responsible authority.
for a consecutive period of at least three months; or
with the intention, on the part of that authority, of accommodating him for such a period,
Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the appropriate officer of the responsible authority when they cease to accommodate the child.
In this section “the responsible authority” means—
the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.
Where a child is provided with accommodation— subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) the integrated care board as if it were the accommodating authority.
by a body which is not mentioned in subsection (1), and
pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006,
Where the appropriate officer of a local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), the local authority shall—
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
In a case where the child is provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.
In this section and sections 86 and 86A “ the appropriate officer ” means—
in relation to a local authority in England, their director of children's services; and
in relation to a local authority in Wales, their director of social services.
For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.
Where a child is provided with accommodation in England in any care home or independent hospital— the person carrying on the establishment in question shall notify the appropriate officer of the local authority within whose area the establishment is carried on.
for a consecutive period of at least three months; or
with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
Where subsection (1) applies with respect to a child, the person carrying on the establishment shall also notify the appropriate officer of that authority when he ceases to accommodate the child in the establishment .
Where the appropriate officer of a local authority has been notified under this section, the local authority shall—
take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in the establishment in question ; and
consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
If the person carrying on any care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
A person authorised by a local authority in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.
Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.
the proprietor of any independent school which provides accommodation for any child; and
any person who is not the proprietor of such a school but who is responsible for conducting it,
Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.
For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—
it provides accommodation for the child on its own premises, or
it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).
Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
Where the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in England, he shall—
in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, notify the local authority for the area in which the school is situated;
in the case of a special school which is maintained by a local authority, notify that authority;
in any other case, notify the Secretary of State.
Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college.
Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).
Any person exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.
Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).
Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
Any person authorised by the regulations to inspect records—
shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
may require— to afford him such assistance as he may reasonably require.
the person by whom or on whose behalf the computer is or has been so used; or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in Wales, they shall—
in the case of a school other than an independent school or a special school, notify the local authority for the area in which the school is situated;
in the case of a special school which is maintained by a local authority, notify that authority.
Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In this section and sections 87A to 87D—
“prohibited steps order” has the meaning given by section 8(1);
Where the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
Where the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must—
send a copy of the report to the school or college concerned; and
make copies of the report available for inspection at its offices by any person at any reasonable time.
Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
In this section and sections 87A and 87D “ relevant person ” means—
in relation to an independent school or an alternative provision Academy that is not an independent school, the proprietor of the school;
in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;
in relation to an institution conducted by a further education corporation or sixth form college corporation, the corporation.
in relation to a 16 to 19 Academy, the proprietor of the Academy.
Where a person other than the proprietor of an independent school or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.
This section applies if the appropriate officer of a local authority in England—
has been notified with respect to a child under section 85(1) or 86(1) “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014; and
has not been notified with respect to that child under section 85(2) , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be.
The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
Regulations under this section may make provision about—
the frequency of visits under visiting arrangements;
circumstances in which visiting arrangements must require a child to be visited; and
additional functions of a representative.
Regulations under this section are to be made by the Secretary of State ....
In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
In this section “ visiting arrangements ” means arrangements made under subsection (2).
The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and
the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while accommodation for the children is provided by them.
Where— the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.
the relevant person enters into an agreement in writing with a person appointed under subsection (1),
the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and
the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,
Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—
a notice under subsection (4) relating to the inspector, or
a notice under subsection (5) relating to the relevant agreement.
The Secretary of State shall terminate a person’s appointment under subsection (1) if— and shall give notice of the termination of that person’s appointment to the appropriate authority.
that person so requests, or
the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).
Where— the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.
the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and
the relevant agreement ceases to have effect,
In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.
The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school or college to which the agreement relates, the inspector shall give notice of that fact
in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, to the local authority for the area in which the school is situated;
in the case of a special school which is maintained by a local authority, to that authority;
in any other case, to the Secretary of State.
Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
give notice of that fact to the local authority in whose area the school or college is situated, and
where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school or college.
In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.
The Secretary of State may require the Chief Inspector for England to prepare and send to the Secretary of State a report about—
a particular inspector appointed under section 87A, or
inspectors appointed under that section generally or of a particular description.
In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.
The Secretary of State may in particular give directions about—
matters to be taken into account in preparing a report, and
the form and contents of a report.
The Chief Inspector for England may disclose information to an inspector appointed under section 87A for the purpose of enabling or facilitating the exercise by the inspector of the function mentioned in section 87A(2)(b).
A disclosure of information under this section made for the purpose of safeguarding or promoting the welfare of children provided with accommodation by a school or college does not breach—
any obligation of confidence owed by the Chief Inspector for England, or
any other restriction on the disclosure of information (however imposed).
The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided by a school or college.
The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.
The standards shall be taken into account—
in the making by the appropriate authority of any determination under section 87(4) or (4A);
in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and
in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).
Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).
The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
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The power of a court to make an order under subsection (2) of section 1 of the Children and Young Persons Act 1969 (care proceedings in youth courts) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished.
The powers of the court to make care orders— are hereby abolished.
under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and
under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act,
The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.
The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order.
The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.
For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
with whom the child is to live, and
when the child is to live with any person.
The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.
The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
Where an activity direction has been made with respect to a child, the making of a care order with respect to the child discharges the direction.
The making of a care order with respect to a child who is the subject of a school attendance order made under section 437 of the Education Act 1996 discharges the school attendance order.
Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.
Any order made under section 4(1) 4ZA(1),4A(1) or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
Any— shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
agreement under section 4 , 4ZA or 4A; or
appointment under section 5(3) or (4),
The making of a special guardianship order with respect to a child who is the subject of— discharges that order.
a care order; or
an order under section 34,
An order under Schedule 1 has effect as specified in that Schedule.
A section 8 order ... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6). . . .
Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court. For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).
Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—
with whom a child is to live, or
when a child is to live with any person.
Where an application (“the previous application”) has been made for— no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.
the discharge of a care order;
the discharge of a supervision order;
the discharge of an education supervision order;
the substitution of a supervision order for a care order; or
a child assessment order,
Subsection (15) does not apply to applications made in relation to interim orders.
Where— that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.
a person has made an application for an order under section 34;
the application has been refused; and
a period of less than six months has elapsed since the refusal,
This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).
The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put— at risk of harm.
the child concerned, or
another individual (“the relevant individual”),
In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.
Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.
A section 91(14) order may be made by the court—
on an application made—
by the relevant individual;
by or on behalf of the child concerned;
by any other person who is a party to the application being disposed of by the court;
of its own motion.
In this section, “the child concerned” means the child referred to in section 91(14).
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any property belonging to or held in trust for a child; or
the income of any such property.
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proceedings under this Act; and
proceedings under certain other enactments.
For the purposes of this Act “the court” means the High Court or the family court .
Subsection (7) is subject to ... any express provision as to the jurisdiction of any court made by any other provision of this Act.
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Part II of Schedule 11 makes amendments consequential on this section.
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An authority having power to make rules of court may make such provision for giving effect to— as appears to that authority to be necessary or expedient.
this Act;
the provisions of any statutory instrument made under this Act; or
any amendment made by this Act in any other enactment,
The rules may, in particular, make provision—
with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);
as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;
with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;
for children to be separately represented in relevant proceedings,
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with respect to preliminary hearings;
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enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings;
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In subsection (2)—
This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.
When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.
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An appeal shall lie to the High Court against—
the making by a magistrates' court of any order under this Act; or
any refusal by a magistrates' court to make such an order.
Where a magistrates' court has power, in relation to any proceedings under this Act, to decline jurisdiction because it considers that the case can more conveniently be dealt with by another court, no appeal shall lie against any exercise by that magistrates' court of that power.
Subsection (1) does not apply in relation to an interim order for periodical payments made under Schedule 1.
On an appeal under this section, the High Court may make such orders as may be necessary to give effect to its determination of the appeal.
Where an order is made under subsection (4) the High Court may also make such incidental or consequential orders as appear to it to be just.
Where an appeal from a magistrates' court relates to an order for the making of periodical payments, the High Court may order that its determination of the appeal shall have effect from such date as it thinks fit to specify in the order.
The date so specified must not be earlier than the earliest date allowed in accordance with rules of court made for the purposes of this section.
Where, on an appeal under this section in respect of an order requiring a person to make periodical payments, the High Court reduces the amount of those payments or discharges the order—
it may order the person entitled to the payments to pay to the person making them such sum in respect of payments already made as the High Court thinks fit; and
if any arrears are due under the order for periodical payments, it may remit payment of the whole, or part, of those arrears.
Any order of the High Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes— be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the High Court.
of the enforcement of the order; and
of any power to vary, revive or discharge orders,
The Lord Chancellor may by order make provision as to the circumstances in which appeals may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11.
Except to the extent provided for in any order made under subsection (10), no appeal may be made against any decision of a kind mentioned in that subsection.
In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order.
The power conferred by subsection (1) shall be exercised in accordance with rules of court.
Subsections (4) to (6) apply where—
an order under subsection (1) has not been complied with; or
the court has reasonable cause to believe that it will not be complied with.
The court may make an order authorising a constable, or such person as may be specified in the order—
to take charge of the child and to bring him to the court; and
to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises.
The court may order any person who is in a position to do so to bring the child to the court.
Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court.
Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath.
The child’s evidence may be heard by the court if, in its opinion—
he understands that it is his duty to speak the truth; and
he has sufficient understanding to justify his evidence being heard.
The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay.
An order under subsection (3) may only be made with respect to—
civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and
evidence in connection with the upbringing, maintenance or welfare of a child.
An order under subsection (3)—
may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording;
may make different provision for different purposes and in relation to different descriptions of court; and
may make such amendments and repeals in any enactment relating to evidence (other than in this Act) as the Lord Chancellor considers necessary or expedient in consequence of the provision made by the order.
Subsection (5)(b) is without prejudice to section 104(4).
In this section—
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No person shall publish to the public at large or any section of the public any material which is intended, or likely, to identify—
any child as being involved in any proceedings before the High Court or the family court in which any power under this Act or the Adoption and Children Act 2002 may be exercised by the court with respect to that or any other child; or
an address or school as being that of a child involved in any such proceedings.
In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child.
The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order.
For the purposes of this section—
Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
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the generality of the rule making power in section 144 of the Act of 1980; or
any other power of a magistrates' court to sit in private.
It is not a contravention of this section to—
enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or
permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act.
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The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4).
In any proceedings in which a court is hearing an application for an order under Part IV or V, no person shall be excused from— on the ground that doing so might incriminate him or his spouse or civil partner of an offence.
giving evidence on any matter; or
answering any question put to him in the course of his giving evidence,
A statement or admission made in such proceedings shall not be admissible in evidence against the person making it or his spouse or civil partner in proceedings for an offence other than perjury.
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Section 7 of the Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect.
No court shall exercise the High Court’s inherent jurisdiction with respect to children—
so as to require a child to be placed in the care, or put under the supervision, of a local authority;
so as to require a child to be accommodated by or on behalf of a local authority;
so as to make a child who is the subject of a care order a ward of court; or
for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court.
The court may only grant leave if it is satisfied that—
the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and
there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm.
This subsection applies to any order—
made otherwise than in the exercise of the court’s inherent jurisdiction; and
which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted).
The Secretary of State may make regulations providing—
for prescribed orders which— to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act;
are made by a court in Northern Ireland; and
appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act,
for prescribed orders which— to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland.
are made by a court in England and Wales; and
appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland,
Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied.
The Secretary of State may make regulations providing for prescribed orders which— to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act.
are made by a court in the Isle of Man or in any of the Channel Islands; and
appear to the Secretary of State to correspond in their effect to orders which may be made under this Act,
Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied.
Any regulations made under this section may—
make such consequential amendments (including repeals) in— as the Secretary of State considers necessary or expedient; and
section 25 of the Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or
section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act,
modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales.
Where, on an application made by any person for a warrant under this section, it appears to the court— it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.
that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or
that any such person is likely to be so prevented from exercising any such powers,
Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—
that person so desires; and
the court by whom the warrant is issued does not direct otherwise.
A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses.
An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.
The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.
Where— the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.
an application for a warrant under this section relates to a particular child; and
it is reasonably practicable to do so,
The enactments are—
sections 62, 64, 67, 76,79U, 80, 86 and 87;
paragraph 8(1)(b) and (2)(b) of Schedule 3;
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This section applies where any offence under this Act is committed by a body corporate.
If the offence is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Any power of the Lord Chancellor , the Treasury , the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or rules, except an order under section 54(2), 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument.
Any such statutory instrument, except one made under section 4(1B), 4ZA(3), 17(4), 107 or 108(2) or one containing regulations which fall within subsection (3AA), (3AB), (3AC), (3B) , (3BA) or (3C), shall be subject to annulment in pursuance of a resolution of either House of Parliament.
An order under section 4(1B) , 4ZA(3) ... shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales.
Any statutory instrument made under this Act may—
make different provision for different cases;
provide for exemptions from any of its provisions; and
contain ... incidental, supplemental and transitional provisions ....
An order under section 4(1B) , 4ZA(3) or 17(4) or regulations which fall within subsection (3AA), (3AB), (3AC), (3B) , (3BA) , (3BB) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9).
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5).
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 22J(3)(f).
Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b).
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9).
Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.
Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2.
In this Act—
a child of both of them, and
any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.
References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the Family Law Reform Act 1987 (which extends the meaning of such references).
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a person with whom a child lives, or is to live, as the result of a residence order; or
a person in whose favour a residence order is in force,
References in this Act to a child who is looked after—
in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and
in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).
References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions of that or any other local authority which are social services functions ....
In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place—
which is a school or other institution;
in accordance with the requirements of a supervision order under this Act ...;
while he is being provided with accommodation by or on behalf of a local authority.
in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code; or
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References in this Act to children who are in need shall be construed in accordance with section 17.
References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8).
Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address.
In subsection (5) “social services functions” means—
in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and
in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.
Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of a person—
in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body;
in the case of a partner of a firm, shall be that of the principal office of the firm; and
in any other case, shall be the last known address of the person to be served.
References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act.
Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Any— shall be payable out of money provided by Parliament.
grants made by the Secretary of State under this Act; and
any other expenses incurred by the Secretary of State under this Act,
Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund.
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order.
This Act may be cited as the Children Act 1989.
Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly.
Different dates may be appointed for different provisions of this Act and in relation to different cases.
The minor amendments set out in Schedule 12 shall have effect.
The consequential amendments set out in Schedule 13 shall have effect.
The transitional provisions and savings set out in Schedule 14 shall have effect.
The repeals set out in Schedule 15 shall have effect.
An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including—
provisions adding to or modifying the provisions of Schedule 14, and
such adaptations— as appear to him necessary or expedient in consequence of the partial operation of this Act.
of the provisions brought into force by the order; and
of any provisions of this Act then in force,
The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act.
This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe.
The following provisions of this Act extend to Scotland— section 19; section 25(8); section 50(13); Part X; section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12); section 88; section 104 (so far as necessary); section 105 (so far as necessary); subsections (1) to (3), (8) and (9) and this subsection; in Schedule 2, paragraph 24; in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44; in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71; in Schedule 14, paragraphs 1, 33 and 34; in Schedule 15, the entries relating to—
the Custody of Children Act 1891;
the Nurseries and Child Minders Regulation Act 1948;
section 53(3) of the Children and Young Persons Act 1963;
section 60 of the Health Services and Public Health Act 1968;
the Social Work (Scotland) Act 1968;
the Adoption (Scotland) Act 1978;
the Child Care Act 1980;
the Foster Children (Scotland) Act 1984;
the Child Abduction and Custody Act 1985; and
the Family Law Act 1986.
The following provisions of this Act extend to Northern Ireland— section 50; section 101(1)(b), (2) and (5)(a)(i); subsections (1) to (3), (8) and (9) and this subsection; in Schedule 2, paragraph 24; in Schedule 12, paragraphs 7 to 10, 18 and 27; in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71; in Schedule 14, paragraphs . . ., 28 to 30 and 38(a); and in Schedule 15, the entries relating to the Guardianship of Minors Act 1971, the Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.
For the purposes of this Part of this Schedule— The responsible officer must be an officer of a provider of probation services.
This paragraph applies where an enforcement order is in force. The responsible officer must— Sub-paragraph (4) applies where— The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request.
An enforcement order must specify which local justice area is the relevant person's home local justice area. The area specified must be the local justice area in which the relevant person resides or will reside.
In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to— Sub-paragraph (1)(b) is subject to paragraph 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The number of hours which a person may be required to work under an unpaid work requirement— Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement. The court may direct that the hours of work specified in any of those requirements is to be— those specified in any other of those orders. But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)). The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b).
This paragraph applies where an enforcement order is in force. The relevant person— An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order.
The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders.
This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. The court may revoke the enforcement order if it appears to the court that— The enforcement order may be revoked by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order. In deciding whether to revoke the enforcement order under sub-paragraph (2)(b), the court is to take into account— In deciding whether to revoke the enforcement order under sub-paragraph (2)(c), the court is to take into account the likelihood that the person will comply with the child arrangements order or any child arrangements order that has effect in its place in the absence of an enforcement order.
This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. If the court is satisfied that the person has changed, or proposes to change, his residence from the local justice area specified in the order to another local justice area, the court may amend the order by substituting the other area for the area specified. The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.
This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may reduce the number of hours specified in the order (but not below the minimum specified in paragraph 3B(1)(b)(i)). In amending the enforcement order under sub-paragraph (2), the court must be satisfied that the effect on the person of the enforcement order as proposed to be amended is no more than is required to secure his compliance with the child arrangements order or any child arrangements order that has effect in its place. The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order.
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This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order. If the responsible officer is of the opinion that the person has failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order, the officer must give the person a warning under this paragraph unless— A warning under this paragraph must— The responsible officer must, as soon as practicable after the warning has been given, record that fact. If— the officer must report the failure to the appropriate person. A report under sub-paragraph (5) must include a report of the warning given to the person subject to the enforcement order. The appropriate person, in relation to an enforcement order, is the officer of the Service or the Welsh family proceedings officer who is required under section 11M to report on matters relating to the enforcement order. “ Responsible officer ”, in relation to a person subject to an enforcement order, has the meaning given by paragraph 1.
This paragraph applies where a court has made an enforcement order (“the first order”) in respect of a person's failure to comply with a provision of a child arrangements order. If the court is satisfied beyond reasonable doubt that the person has failed to comply with the unpaid work requirement imposed by the first order, the court may— But the court may not exercise its powers under sub-paragraph (2) if it is satisfied that the person had a reasonable excuse for failing to comply with the unpaid work requirement imposed by the first order. The burden of proof as to the matter mentioned in sub-paragraph (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities. The court may exercise its powers under sub-paragraph (2) in relation to the first order only on the application of a person who would be able to apply under section 11J for an enforcement order if the failure to comply with the first order were a failure to comply with a provision of the child arrangements order to which the first order relates. Where the person proposing to apply to the court is the child with respect to whom the child arrangements order was made, subsections (6) and (7) of section 11J have effect in relation to the application as they have effect in relation to an application for an enforcement order. An application to the court to exercise its powers under sub-paragraph (2) may only be made while the first order is in force. The court may not exercise its powers under sub-paragraph (2) in respect of a failure by the person to comply with the unpaid work requirement imposed by the first order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of, a notice under section 11N relating to the first order. In dealing with the person under sub-paragraph (2)(a), the court may— In exercising its powers under sub-paragraph (2), the court must be satisfied that, taking into account the extent to which the person has complied with the unpaid work requirement imposed by the first order, the effect on the person of the proposed exercise of those powers— Where the court exercises its powers under sub-paragraph (2) by making an enforcement order in relation to a person who has failed to comply with another enforcement order— Sub-paragraph (2) is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to enforcement orders.
Sections 11L(2) to (7) and 11M have effect in relation to the making of an order under paragraph 6(2), 7(2) or 9(2)(a) amending an enforcement order as they have effect in relation to the making of an enforcement order; and references in sections 11L(2) to (7) and 11M to an enforcement order are to be read accordingly.
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