The
Welfare Checklist - section 1 Children Act 1989
When a court is considering making any of these orders it must have regard in particular to:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, sex, background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) 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;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.
When a court is considering making any of these orders it must have regard in particular to:
a) The ascertainable wishes and feelings of the child concerned (considered in light of his age and understanding);
b) His physical, emotional and / or educational needs;
c) The likely effect on him of any change in his circumstances;
d) His age, sex, background and any characteristics of his, which the court considers relevant;
e) Any harm which he has suffered or is at risk of suffering;
f) 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;
g) The range of powers available to the court under the Children Act 1989 in the proceedings in question.
For all proceedings under the Children Act 1989 when the court considers a question of the child's upbringing the child's welfare is the court's paramount consideration.
Supervision
Orders - section 31 Children Act 1989
These orders are made on the same basis as care orders i.e. that the child is suffering or is likely to suffer significant harm.
These orders do not confer parental responsibility on the local authority, but when there is a supervision order in force it is the duty of the supervisor to:
1) advise, assist and befriend the supervised child
2) take steps that are reasonably necessary to give effect to the order and
3) where the order is not wholly complied with or the supervisor considers that the order is no longer necessary, to consider whether or not to apply to the court to vary or discharge the order.
A supervision order may require the supervised child to comply with directions given by the supervisor to do things such as:
1) live at a place specified by the supervisor;
2) present themselves to specific people at specific places or times e.g. to meet with the social worker;
3) to participate in activities specified on certain days.
A supervision order can also require the child to submit to medical or psychiatric examination as directed by the supervisor. This requirement will only be included where the court has been satisfied on evidence as to its need.
Initially a supervision order lasts for one year. The supervisor can apply to the court to extend supervision order, but the supervision order can only be in place for a maximum of three years.
These orders are made on the same basis as care orders i.e. that the child is suffering or is likely to suffer significant harm.
These orders do not confer parental responsibility on the local authority, but when there is a supervision order in force it is the duty of the supervisor to:
1) advise, assist and befriend the supervised child
2) take steps that are reasonably necessary to give effect to the order and
3) where the order is not wholly complied with or the supervisor considers that the order is no longer necessary, to consider whether or not to apply to the court to vary or discharge the order.
A supervision order may require the supervised child to comply with directions given by the supervisor to do things such as:
1) live at a place specified by the supervisor;
2) present themselves to specific people at specific places or times e.g. to meet with the social worker;
3) to participate in activities specified on certain days.
A supervision order can also require the child to submit to medical or psychiatric examination as directed by the supervisor. This requirement will only be included where the court has been satisfied on evidence as to its need.
Initially a supervision order lasts for one year. The supervisor can apply to the court to extend supervision order, but the supervision order can only be in place for a maximum of three years.
Parental
contact etc. with children in care.
(1)Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) allow the child reasonable contact with—
(a)his parents;
(b)any guardian [F12or special guardian] of his;
[F13(ba)any person who by virtue of section 4A has parental responsibility for him;]
(c)where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the order was made; and
(d)where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person.
(2)On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person.
(3)On an application made by—
(a)any person mentioned in paragraphs (a) to (d) of subsection (1); or
(b)any person who has obtained the leave of the court to make the application,the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.
(4)On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.
(5)When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.
(6)An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if—
(a)they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and
(b)the refusal—
(i)is decided upon as a matter of urgency; and
(ii)does not last for more than seven days.
(7)An order under this section may impose such conditions as the court considers appropriate.
(8)The Secretary of State may by regulations make provision as to—
(a)the steps to be taken by a local authority who have exercised their powers under subsection (6);
(b)the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;
(c)notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.
(9)The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.
(10)An order under this section may be made either at the same time as the care order itself or later.
(11)Before making a care order with respect to any child the court shall—
(a)consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and
(b)invite the parties to the proceedings to comment on those arrangements.
(1)Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) allow the child reasonable contact with—
(a)his parents;
(b)any guardian [F12or special guardian] of his;
[F13(ba)any person who by virtue of section 4A has parental responsibility for him;]
(c)where there was a residence order in force with respect to the child immediately before the care order was made, the person in whose favour the order was made; and
(d)where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person.
(2)On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person.
(3)On an application made by—
(a)any person mentioned in paragraphs (a) to (d) of subsection (1); or
(b)any person who has obtained the leave of the court to make the application,the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.
(4)On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.
(5)When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.
(6)An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if—
(a)they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and
(b)the refusal—
(i)is decided upon as a matter of urgency; and
(ii)does not last for more than seven days.
(7)An order under this section may impose such conditions as the court considers appropriate.
(8)The Secretary of State may by regulations make provision as to—
(a)the steps to be taken by a local authority who have exercised their powers under subsection (6);
(b)the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;
(c)notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.
(9)The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.
(10)An order under this section may be made either at the same time as the care order itself or later.
(11)Before making a care order with respect to any child the court shall—
(a)consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and
(b)invite the parties to the proceedings to comment on those arrangements.
General
duty of local authority in relation to children looked after by them.
(1)In this Act, any reference to a child who is looked after by a local authority is a reference to a child who is—
(a)in their care; or
(b)provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which [F40are social services functions within the meaning of] the M4Local Authority Social Services Act 1970 [F41, apart from functions under sections [F4217] 23B and 24B].
(2)In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
(3)It shall be the duty of a local authority looking after any child—
(a)to safeguard and promote his welfare; and
(b)to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
[F43(3A)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.]
(4)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—
(a)the child;
(b)his parents;
(c)any person who is not a parent of his but who has parental responsibility for him; and
(d)any other person whose wishes and feelings the authority consider to be relevant,regarding the matter to be decided.
(5)In making any such decision a local authority shall give due consideration—
(a)having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
(b)to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
(c)to the child’s religious persuasion, racial origin and cultural and linguistic background.
(6)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.
(7)If the [F44appropriate national authority] 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, [F45the appropriate national authority] may give such directions to [F46the local authority] .
(8)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.
(1)In this Act, any reference to a child who is looked after by a local authority is a reference to a child who is—
(a)in their care; or
(b)provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which [F40are social services functions within the meaning of] the M4Local Authority Social Services Act 1970 [F41, apart from functions under sections [F4217] 23B and 24B].
(2)In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours.
(3)It shall be the duty of a local authority looking after any child—
(a)to safeguard and promote his welfare; and
(b)to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case.
[F43(3A)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.]
(4)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—
(a)the child;
(b)his parents;
(c)any person who is not a parent of his but who has parental responsibility for him; and
(d)any other person whose wishes and feelings the authority consider to be relevant,regarding the matter to be decided.
(5)In making any such decision a local authority shall give due consideration—
(a)having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain;
(b)to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and
(c)to the child’s religious persuasion, racial origin and cultural and linguistic background.
(6)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.
(7)If the [F44appropriate national authority] 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, [F45the appropriate national authority] may give such directions to [F46the local authority] .
(8)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.
Enforcement
orders
(1)This section applies if a contact order with respect to a child has been made.
(2)If the court is satisfied beyond reasonable doubt that a person has failed to comply with the contact order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.
(3)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 contact order.
(4)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.
(5)The court may make an enforcement order in relation to the contact order only on the application of—
(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;
(b)the person whose contact with the child concerned is provided for in the contact order;
(c)any individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or
(d)the child concerned.
(6)Where the person proposing to apply for an enforcement order in relation to a contact order is the child concerned, the child must obtain the leave of the court before making such an application.
(7)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
(8)Subsection (2) has effect subject to the restrictions in sections 11K and 11L.
(9)The court may suspend an enforcement order for such period as it thinks fit.
(10)Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.
(11)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.
(12)In Schedule A1—
(a)Part 1 makes provision as regards an unpaid work requirement;
(b)Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.
(13)This section is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to contact orders.]
(1)This section applies if a contact order with respect to a child has been made.
(2)If the court is satisfied beyond reasonable doubt that a person has failed to comply with the contact order, it may make an order (an “enforcement order”) imposing on the person an unpaid work requirement.
(3)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 contact order.
(4)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.
(5)The court may make an enforcement order in relation to the contact order only on the application of—
(a)the person who is, for the purposes of the contact order, the person with whom the child concerned lives or is to live;
(b)the person whose contact with the child concerned is provided for in the contact order;
(c)any individual subject to a condition under section 11(7)(b) or a contact activity condition imposed by the contact order; or
(d)the child concerned.
(6)Where the person proposing to apply for an enforcement order in relation to a contact order is the child concerned, the child must obtain the leave of the court before making such an application.
(7)The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application.
(8)Subsection (2) has effect subject to the restrictions in sections 11K and 11L.
(9)The court may suspend an enforcement order for such period as it thinks fit.
(10)Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion.
(11)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.
(12)In Schedule A1—
(a)Part 1 makes provision as regards an unpaid work requirement;
(b)Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders.
(13)This section is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to contact orders.]
Supervision
Orders - section 31 Children Act 1989
These orders are made on the same basis as care orders i.e. that the child is suffering or is likely to suffer significant harm.
These orders do not confer parental responsibility on the local authority, but when there is a supervision order in force it is the duty of the supervisor to:
1) advise, assist and befriend the supervised child
2) take steps that are reasonably necessary to give effect to the order and
3) where the order is not wholly complied with or the supervisor considers that the order is no longer necessary, to consider whether or not to apply to the court to vary or discharge the order.
A supervision order may require the supervised child to comply with directions given by the supervisor to do things such as:
1) live at a place specified by the supervisor;
2) present themselves to specific people at specific places or times e.g. to meet with the social worker;
3) to participate in activities specified on certain days.
A supervision order can also require the child to submit to medical or psychiatric examination as directed by the supervisor. This requirement will only be included where the court has been satisfied on evidence as to its need.
Initially a supervision order lasts for one year. The supervisor can apply to the court to extend supervision order, but the supervision order can only be in place for a maximum of three years.
These orders are made on the same basis as care orders i.e. that the child is suffering or is likely to suffer significant harm.
These orders do not confer parental responsibility on the local authority, but when there is a supervision order in force it is the duty of the supervisor to:
1) advise, assist and befriend the supervised child
2) take steps that are reasonably necessary to give effect to the order and
3) where the order is not wholly complied with or the supervisor considers that the order is no longer necessary, to consider whether or not to apply to the court to vary or discharge the order.
A supervision order may require the supervised child to comply with directions given by the supervisor to do things such as:
1) live at a place specified by the supervisor;
2) present themselves to specific people at specific places or times e.g. to meet with the social worker;
3) to participate in activities specified on certain days.
A supervision order can also require the child to submit to medical or psychiatric examination as directed by the supervisor. This requirement will only be included where the court has been satisfied on evidence as to its need.
Initially a supervision order lasts for one year. The supervisor can apply to the court to extend supervision order, but the supervision order can only be in place for a maximum of three years.
Interim
orders.
(1)Where—
(a)in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or
(b)the court gives a direction under section 37(1),the court may make an interim care order or an interim supervision order with respect to the child concerned.
(2)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).
(3)Where, in any proceedings on an application for a care order or supervision order, a court makes a residence order with respect to 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.
(4)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—
(a)the expiry of the period of eight weeks beginning with the date on which the order is made;
(b)if the order is the second or subsequent such order made with respect to the same child in the same proceedings, the expiry of the relevant period;
(c)in a case which falls within subsection (1)(a), the disposal of the application;
(d)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;
(e)in a case which falls within subsection (1)(b) and in which—
(i)the court has given a direction under section 37(4), but
(ii)no application for a care order or supervision order has been made with respect to the child,the expiry of the period fixed by that direction.
(5)In subsection (4)(b) “the relevant period” means—
(a)the period of four weeks beginning with the date on which the order in question is made; or
(b)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).
(6)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.
(7)A direction under subsection (6) may be to the effect that there is to be—
(a)no such examination or assessment; or
(b)no such examination or assessment unless the court directs otherwise.
(8)A direction under subsection (6) may be—
(a)given when the interim order is made or at any time while it is in force; and
(b)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.
(9)Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.
(10)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.
(1)Where—
(a)in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or
(b)the court gives a direction under section 37(1),the court may make an interim care order or an interim supervision order with respect to the child concerned.
(2)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).
(3)Where, in any proceedings on an application for a care order or supervision order, a court makes a residence order with respect to 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.
(4)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—
(a)the expiry of the period of eight weeks beginning with the date on which the order is made;
(b)if the order is the second or subsequent such order made with respect to the same child in the same proceedings, the expiry of the relevant period;
(c)in a case which falls within subsection (1)(a), the disposal of the application;
(d)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;
(e)in a case which falls within subsection (1)(b) and in which—
(i)the court has given a direction under section 37(4), but
(ii)no application for a care order or supervision order has been made with respect to the child,the expiry of the period fixed by that direction.
(5)In subsection (4)(b) “the relevant period” means—
(a)the period of four weeks beginning with the date on which the order in question is made; or
(b)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).
(6)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.
(7)A direction under subsection (6) may be to the effect that there is to be—
(a)no such examination or assessment; or
(b)no such examination or assessment unless the court directs otherwise.
(8)A direction under subsection (6) may be—
(a)given when the interim order is made or at any time while it is in force; and
(b)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.
(9)Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order.
(10)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.
Discharge and variation etc. of care orders and supervision
orders.
(1)A care order may be discharged by the court on the application of—
(a)any person who has parental responsibility for the child;
(b)the child himself; or
(c)the local authority designated by the order.
(2)A supervision order may be varied or discharged by the court on the application of—
(a)any person who has parental responsibility for the child;
(b)the child himself; or
(c)the supervisor.
(3)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.
[F20(3A)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.
(3B)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).]
(4)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.
(5)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
(1)A care order may be discharged by the court on the application of—
(a)any person who has parental responsibility for the child;
(b)the child himself; or
(c)the local authority designated by the order.
(2)A supervision order may be varied or discharged by the court on the application of—
(a)any person who has parental responsibility for the child;
(b)the child himself; or
(c)the supervisor.
(3)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.
[F20(3A)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.
(3B)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).]
(4)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.
(5)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
Care
orders: care plans
(1)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.
(2)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.
(3)A care plan must give any prescribed information and do so in the prescribed manner.
(4)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.
(5)In section 31(3A) and this section, references to a care order do not include an interim care order.
(6)A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”.]
(1)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.
(2)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.
(3)A care plan must give any prescribed information and do so in the prescribed manner.
(4)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.
(5)In section 31(3A) and this section, references to a care order do not include an interim care order.
(6)A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”.]
Duty
of local authority to ensure visits to, and contact with, looked after children
and others
(1)This section applies to—
(a)a child looked after by a local authority;
(b)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.
(2)It is the duty of the local authority—
(a)to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
(b)to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
(3)The duties imposed by subsection (2)—
(a)are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;
(b)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.
(4)Regulations under this section for the purposes of subsection (3)(a) may make provision about—
(a)the frequency of visits;
(b)circumstances in which a person to whom this section applies must be visited by a representative; and
(c)the functions of a representative.
(5)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.
(1)This section applies to—
(a)a child looked after by a local authority;
(b)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.
(2)It is the duty of the local authority—
(a)to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
(b)to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
(3)The duties imposed by subsection (2)—
(a)are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;
(b)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.
(4)Regulations under this section for the purposes of subsection (3)(a) may make provision about—
(a)the frequency of visits;
(b)circumstances in which a person to whom this section applies must be visited by a representative; and
(c)the functions of a representative.
(5)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.
Family
assistance orders.
(1)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—
(a)[F54an officer of the Service][F55or a Welsh family proceedings officer] to be made available; or
(b)a local authority to make an officer of the authority available,to advise, assist and (where appropriate) befriend any person named in the order.
(2)The persons who may be named in an order under this section (“a family assistance order”) are—
(a)any parent [F56, guardian or special guardian] of the child;
(b)any person with whom the child is living or in whose favour a contact order is in force with respect to the child;
(c)the child himself.
(3)No court may make a family assistance order unless—
(a)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)it has obtained the consent of every person to be named in the order other than the child.
(4)A family assistance order may direct—
(a)the person named in the order; or
(b)such of the persons named in the order as may be specified in the order,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.
[F58(4A)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 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.]
(5)Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F59twelve months] beginning with the day on which it is made.
[F60(6)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).]
(7)A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—
(a)the authority agree; or
(b)the child concerned lives or will live within their area.
(1)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—
(a)[F54an officer of the Service][F55or a Welsh family proceedings officer] to be made available; or
(b)a local authority to make an officer of the authority available,to advise, assist and (where appropriate) befriend any person named in the order.
(2)The persons who may be named in an order under this section (“a family assistance order”) are—
(a)any parent [F56, guardian or special guardian] of the child;
(b)any person with whom the child is living or in whose favour a contact order is in force with respect to the child;
(c)the child himself.
(3)No court may make a family assistance order unless—
(a)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)it has obtained the consent of every person to be named in the order other than the child.
(4)A family assistance order may direct—
(a)the person named in the order; or
(b)such of the persons named in the order as may be specified in the order,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.
[F58(4A)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 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.]
(5)Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F59twelve months] beginning with the day on which it is made.
[F60(6)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).]
(7)A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—
(a)the authority agree; or
(b)the child concerned lives or will live within their area.
Special
guardianship orders
(1)A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians).
(2)A special guardian—
(a)must be aged eighteen or over; and
(b)must not be a parent of the child in question,and subsections (3) to (6) are to be read in that light.
(3)The court may make a special guardianship order with respect to any child on the application of an individual who—
(a)is entitled to make such an application with respect to the child; or
(b)has obtained the leave of the court to make the application,or on the joint application of more than one such individual.
(4)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.
(5)The individuals who are entitled to apply for a special guardianship order with respect to a child are—
(a)any guardian of the child;
(b)any individual in whose favour a residence order is in force with respect to the child;
(c)any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);
(d)a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.[F42;
(e)a relative with whom the child has lived for a period of at least one year immediately preceding the application.]
(6)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—
(a)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
(b)the court considers that a special guardianship order should be made even though no such application has been made.
(7)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—
(a)if the child in question is being looked after by a local authority, to that local authority, or
(b)otherwise, to the local authority in whose area the individual is ordinarily resident.
(8)On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—
(a)the suitability of the applicant to be a special guardian;
(b)such matters (if any) as may be prescribed by the Secretary of State; and
(c)any other matter which the local authority consider to be relevant.
(9)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.
(10)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).
(11)The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).
(12)Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.
(13)This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.
(1)A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians).
(2)A special guardian—
(a)must be aged eighteen or over; and
(b)must not be a parent of the child in question,and subsections (3) to (6) are to be read in that light.
(3)The court may make a special guardianship order with respect to any child on the application of an individual who—
(a)is entitled to make such an application with respect to the child; or
(b)has obtained the leave of the court to make the application,or on the joint application of more than one such individual.
(4)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.
(5)The individuals who are entitled to apply for a special guardianship order with respect to a child are—
(a)any guardian of the child;
(b)any individual in whose favour a residence order is in force with respect to the child;
(c)any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section);
(d)a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application.[F42;
(e)a relative with whom the child has lived for a period of at least one year immediately preceding the application.]
(6)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—
(a)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
(b)the court considers that a special guardianship order should be made even though no such application has been made.
(7)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—
(a)if the child in question is being looked after by a local authority, to that local authority, or
(b)otherwise, to the local authority in whose area the individual is ordinarily resident.
(8)On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with—
(a)the suitability of the applicant to be a special guardian;
(b)such matters (if any) as may be prescribed by the Secretary of State; and
(c)any other matter which the local authority consider to be relevant.
(9)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.
(10)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).
(11)The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8).
(12)Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders.
(13)This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.
(1)Before
making a special guardianship order, the court must consider whether, if the
order were made—
(a)a contact order should also be made with respect to the child, F44...
(b)any section 8 order in force with respect to the child should be varied or discharged.
[F45(c)where a contact order made with respect to the child is not discharged, any enforcement order relating to that contact order should be revoked, and
(d)where a contact activity direction has been made as regards contact with the child and is in force, that contact activity direction should be discharged.]
(2)On making a special guardianship order, the court may also—
(a)give leave for the child to be known by a new surname;
(b)grant the leave required by section 14C(3)(b), either generally or for specified purposes.
(a)a contact order should also be made with respect to the child, F44...
(b)any section 8 order in force with respect to the child should be varied or discharged.
[F45(c)where a contact order made with respect to the child is not discharged, any enforcement order relating to that contact order should be revoked, and
(d)where a contact activity direction has been made as regards contact with the child and is in force, that contact activity direction should be discharged.]
(2)On making a special guardianship order, the court may also—
(a)give leave for the child to be known by a new surname;
(b)grant the leave required by section 14C(3)(b), either generally or for specified purposes.
Special
guardianship orders: variation and discharge
(1)The court may vary or discharge a special guardianship order on the application of—
(a)the special guardian (or any of them, if there are more than one);
(b)any parent or guardian of the child concerned;
(c)any individual in whose favour a residence order is in force with respect to the child;
(d)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;
(e)the child himself; or
(f)a local authority designated in a care order with respect to the child.
(2)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).
(3)The following must obtain the leave of the court before making an application under subsection (1)—
(a)the child;
(b)any parent or guardian of his;
(c)any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;
(d)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.
(4)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).
(5)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.
(1)The court may vary or discharge a special guardianship order on the application of—
(a)the special guardian (or any of them, if there are more than one);
(b)any parent or guardian of the child concerned;
(c)any individual in whose favour a residence order is in force with respect to the child;
(d)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;
(e)the child himself; or
(f)a local authority designated in a care order with respect to the child.
(2)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).
(3)The following must obtain the leave of the court before making an application under subsection (1)—
(a)the child;
(b)any parent or guardian of his;
(c)any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A;
(d)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.
(4)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).
(5)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.
11AContact
activity directions
(1)This section applies in proceedings in which the court is considering whether to make provision about contact with a child by making—
(a)a contact order with respect to the child, or
(b)an order varying or discharging a contact order with respect to the child.
(2)The court may make a contact activity direction in connection with that provision about contact.
(3)A contact activity direction is a direction requiring an individual who is a party to the proceedings to take part in an activity that promotes contact with the child concerned.
(4)The direction is to specify the activity and the person providing the activity.
(5)The activities that may be so required include, in particular—
(a)programmes, classes and counselling or guidance sessions of a kind that—
(i)may assist a person as regards establishing, maintaining or improving contact with a child;
(ii)may, by addressing a person's violent behaviour, enable or facilitate contact with a child;
(b)sessions in which information or advice is given as regards making or operating arrangements for contact with a child, including making arrangements by means of mediation.
(6)No individual may be required by a contact activity direction—
(a)to undergo medical or psychiatric examination, assessment or treatment;
(b)to take part in mediation.
(7)A court may not on the same occasion—
(a)make a contact activity direction, and
(b)dispose finally of the proceedings as they relate to contact with the child concerned.
(8)Subsection (2) has effect subject to the restrictions in sections 11B and 11E.
(9)In considering whether to make a contact activity direction, the welfare of the child concerned is to be the court's paramount consideration.]
(1)This section applies in proceedings in which the court is considering whether to make provision about contact with a child by making—
(a)a contact order with respect to the child, or
(b)an order varying or discharging a contact order with respect to the child.
(2)The court may make a contact activity direction in connection with that provision about contact.
(3)A contact activity direction is a direction requiring an individual who is a party to the proceedings to take part in an activity that promotes contact with the child concerned.
(4)The direction is to specify the activity and the person providing the activity.
(5)The activities that may be so required include, in particular—
(a)programmes, classes and counselling or guidance sessions of a kind that—
(i)may assist a person as regards establishing, maintaining or improving contact with a child;
(ii)may, by addressing a person's violent behaviour, enable or facilitate contact with a child;
(b)sessions in which information or advice is given as regards making or operating arrangements for contact with a child, including making arrangements by means of mediation.
(6)No individual may be required by a contact activity direction—
(a)to undergo medical or psychiatric examination, assessment or treatment;
(b)to take part in mediation.
(7)A court may not on the same occasion—
(a)make a contact activity direction, and
(b)dispose finally of the proceedings as they relate to contact with the child concerned.
(8)Subsection (2) has effect subject to the restrictions in sections 11B and 11E.
(9)In considering whether to make a contact activity direction, the welfare of the child concerned is to be the court's paramount consideration.]
8
Residence, contact and other orders with respect to children.
(1)In this Act —
“a contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;
“a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
“a residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and
“a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
(2)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.
(3)For the purposes of this Act “family proceedings” means any proceedings—
(a)under the inherent jurisdiction of the High Court in relation to children; and
(b)under the enactments mentioned in subsection (4),but does not include proceedings on an application for leave under section 100(3).
(1)In this Act —
“a contact order” means an order requiring the person with whom a child lives, or is to live, to allow the child to visit or stay with the person named in the order, or for that person and the child otherwise to have contact with each other;
“a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;
“a residence order” means an order settling the arrangements to be made as to the person with whom a child is to live; and
“a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.
(2)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.
(3)For the purposes of this Act “family proceedings” means any proceedings—
(a)under the inherent jurisdiction of the High Court in relation to children; and
(b)under the enactments mentioned in subsection (4),but does not include proceedings on an application for leave under section 100(3).
49
Abduction of children in care etc.
(1)A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
(a)takes a child to whom this section applies away from the responsible person;
(b)keeps such a child away from the responsible person; or
(c)induces, assists or incites such a child to run away or stay away from the responsible person.
(2)This section applies in relation to a child who is—
(a)in care;
(b)the subject of an emergency protection order; or
(c)in police protection,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.
(3)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 bo
(1)A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
(a)takes a child to whom this section applies away from the responsible person;
(b)keeps such a child away from the responsible person; or
(c)induces, assists or incites such a child to run away or stay away from the responsible person.
(2)This section applies in relation to a child who is—
(a)in care;
(b)the subject of an emergency protection order; or
(c)in police protection,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.
(3)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 bo
(b)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,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. F2...
(2)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.
(3)The enquiries shall, in particular, be directed towards establishing—
(a)whether the authority should make any application to the court, or exercise any of their other powers under this Act [F3or section 11 of the Crime and Disorder Act 1998 (child safety orders)], with respect to the child;
(b)whether, in the case of a child—
(i)with respect to whom an emergency protection order has been made; and
(ii)who is not in accommodation provided by or on behalf of the authority,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
(c)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).
(4)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—
(a)to obtain access to him; or
(b)to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,unless they are satisfied that they already have sufficient information with respect to him.
(5)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 relevant local education authority.
[F4(5A)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—
(a)ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and
(b)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.]
(6)Where, in the course of enquiries made under this section—
(a)any officer of the local authority concerned; or
(b)any person authorised by the authority to act on their behalf in connection with those enquiries—
(i)is refused access to the child concerned; or
(ii)is denied information as to his whereabouts,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.
(7)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—
(a)consider whether it would be appropriate to review the case at a later date; and
(b)if they decide that it would be, determine the date on which that review is to begin.
(8)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).
(9)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.
(10)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.
(11)The persons are—
(a)any local authority;
(b)any local education authority;
(c)any local housing authority;
(d)any [F5[F6Local Health Board] , Special Health Authority][F7, Primary Care Trust][F8, National Health Service trust or NHS foundation trust]; and
(e)any person authorised by the Secretary of State for the purposes of this section.
(12)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.
(2)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.
(3)The enquiries shall, in particular, be directed towards establishing—
(a)whether the authority should make any application to the court, or exercise any of their other powers under this Act [F3or section 11 of the Crime and Disorder Act 1998 (child safety orders)], with respect to the child;
(b)whether, in the case of a child—
(i)with respect to whom an emergency protection order has been made; and
(ii)who is not in accommodation provided by or on behalf of the authority,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
(c)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).
(4)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—
(a)to obtain access to him; or
(b)to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,unless they are satisfied that they already have sufficient information with respect to him.
(5)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 relevant local education authority.
[F4(5A)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—
(a)ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and
(b)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.]
(6)Where, in the course of enquiries made under this section—
(a)any officer of the local authority concerned; or
(b)any person authorised by the authority to act on their behalf in connection with those enquiries—
(i)is refused access to the child concerned; or
(ii)is denied information as to his whereabouts,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.
(7)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—
(a)consider whether it would be appropriate to review the case at a later date; and
(b)if they decide that it would be, determine the date on which that review is to begin.
(8)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).
(9)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.
(10)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.
(11)The persons are—
(a)any local authority;
(b)any local education authority;
(c)any local housing authority;
(d)any [F5[F6Local Health Board] , Special Health Authority][F7, Primary Care Trust][F8, National Health Service trust or NHS foundation trust]; and
(e)any person authorised by the Secretary of State for the purposes of this section.
(12)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.
44
Orders for emergency protection of children.
(1)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—
(a)there is reasonable cause to believe that the child is likely to suffer significant harm if—
(i)he is not removed to accommodation provided by or on behalf of the applicant; or
(ii)he does not remain in the place in which he is then being accommodated;
(b)in the case of an application made by a local authority—
(i)enquiries are being made with respect to the child under section 47(1)(b); and
(ii)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
(c)in the case of an application made by an authorised person—
(i)the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
(ii)the applicant is making enquiries with respect to the child’s welfare; and
(iii)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.
(2)In this section—
(a)“authorised person” means a person who is an authorised person for the purposes of section 31; and
(b)“a person authorised to seek access” means—
(i)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
(ii)in the case of an application by an authorised person, that person.
(3)Any person—
(a)seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and
(b)purporting to be a person authorised to do so,shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
(4)While an order under this section (“an emergency protection order”) is in force it—
(a)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;
(b)authorises—
(i)the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or
(ii)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
(c)gives the applicant parental responsibility for the child.
(5)Where an emergency protection order is in force with respect to a child, the applicant—
(a)shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;
(b)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
(c)shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.
(6)Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—
(a)the contact which is, or is not, to be allowed between the child and any named person;
(b)the medical or psychiatric examination or other assessment of the child.
(7)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.
(8)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—
(a)no such examination or assessment; or
(b)no such examination or assessment unless the court directs otherwise.
(9)A direction under subsection (6) may be—
(a)given when the emergency protection order is made or at any time while it is in force; and
(b)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.
(10)Where an emergency protection order is in force with respect to a child and—
(a)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
(b)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,he shall return the child or (as the case may be) allow him to be removed.
(11)Where he is required by subsection (10) to return the child the applicant shall—
(a)return him to the care of the person from whose care he was removed; or
(b)if that is not reasonably practicable, return him to the care of—
(i)a parent of his;
(ii)any person who is not a parent of his but who has parental responsibility for him; or
(iii)such other person as the applicant (with the agreement of the court) considers appropriate.
(12)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.
(13)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—
(a)his parents;
(b)any person who is not a parent of his but who has parental responsibility for him;
(c)any person with whom he was living immediately before the making of the order;
(d)any person in whose favour a contact order is in force with respect to him;
(e)any person who is allowed to have contact with the child by virtue of an order under section 34; and
(f)any person acting on behalf of any of those persons.
(14)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.
(15) 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.
(16)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.
(1)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—
(a)there is reasonable cause to believe that the child is likely to suffer significant harm if—
(i)he is not removed to accommodation provided by or on behalf of the applicant; or
(ii)he does not remain in the place in which he is then being accommodated;
(b)in the case of an application made by a local authority—
(i)enquiries are being made with respect to the child under section 47(1)(b); and
(ii)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
(c)in the case of an application made by an authorised person—
(i)the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm;
(ii)the applicant is making enquiries with respect to the child’s welfare; and
(iii)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.
(2)In this section—
(a)“authorised person” means a person who is an authorised person for the purposes of section 31; and
(b)“a person authorised to seek access” means—
(i)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
(ii)in the case of an application by an authorised person, that person.
(3)Any person—
(a)seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and
(b)purporting to be a person authorised to do so,shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person.
(4)While an order under this section (“an emergency protection order”) is in force it—
(a)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;
(b)authorises—
(i)the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or
(ii)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
(c)gives the applicant parental responsibility for the child.
(5)Where an emergency protection order is in force with respect to a child, the applicant—
(a)shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child;
(b)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
(c)shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection.
(6)Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to—
(a)the contact which is, or is not, to be allowed between the child and any named person;
(b)the medical or psychiatric examination or other assessment of the child.
(7)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.
(8)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—
(a)no such examination or assessment; or
(b)no such examination or assessment unless the court directs otherwise.
(9)A direction under subsection (6) may be—
(a)given when the emergency protection order is made or at any time while it is in force; and
(b)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.
(10)Where an emergency protection order is in force with respect to a child and—
(a)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
(b)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,he shall return the child or (as the case may be) allow him to be removed.
(11)Where he is required by subsection (10) to return the child the applicant shall—
(a)return him to the care of the person from whose care he was removed; or
(b)if that is not reasonably practicable, return him to the care of—
(i)a parent of his;
(ii)any person who is not a parent of his but who has parental responsibility for him; or
(iii)such other person as the applicant (with the agreement of the court) considers appropriate.
(12)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.
(13)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—
(a)his parents;
(b)any person who is not a parent of his but who has parental responsibility for him;
(c)any person with whom he was living immediately before the making of the order;
(d)any person in whose favour a contact order is in force with respect to him;
(e)any person who is allowed to have contact with the child by virtue of an order under section 34; and
(f)any person acting on behalf of any of those persons.
(14)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.
(15) 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.
(16)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.
Undertakings relating to emergency protection orders.
(1)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.
(2)No power of arrest may be attached to any undertaking given under subsection (1).
(3)An undertaking given to a court under subsection (1)—
(a)shall be enforceable as if it were an order of the court, and
(b)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.
(4)This section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5)In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.
(1)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.
(2)No power of arrest may be attached to any undertaking given under subsection (1).
(3)An undertaking given to a court under subsection (1)—
(a)shall be enforceable as if it were an order of the court, and
(b)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.
(4)This section has effect without prejudice to the powers of the High Court and county court apart from this section.
(5)In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A.
43
Child assessment orders.
(1)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—
(a)the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
(b)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
(c)it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.
(2)In this Act “a child assessment order” means an order under this section.
(3)A court may treat an application under this section as an application for an emergency protection order.
(4)No court shall make a child assessment order if it is satisfied—
(a)that there are grounds for making an emergency protection order with respect to the child; and
(b)that it ought to make such an order rather than a child assessment order.
(5)A child assessment order shall—
(a)specify the date by which the assessment is to begin; and
(b)have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.
(6)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—
(a)to produce him to such person as may be named in the order; and
(b)to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.
(7)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.
(8)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.
(9)The child may only be kept away from home—
(a)in accordance with directions specified in the order;
(b)if it is necessary for the purposes of the assessment; and
(c)for such period or periods as may be specified in the order.
(10)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.
(11)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—
(a)the child’s parents;
(b)any person who is not a parent of his but who has parental responsibility for him;
(c)any other person caring for the child;
(d)any person in whose favour a contact order is in force with respect to the child;
(e)any person who is allowed to have contact with the child by virtue of an order under section 34; and
(f)the child,before the hearing of the application.
(12)Rules of court may make provision as to the circumstances in which—
(a)any of the persons mentioned in subsection (11); or
(b)such other person as may be specified in the rules,may apply to the court for a child assessment order to be varied or discharged.
(13)In this section “authorised person” means a person who is an authorised person for the purposes of section 31.
(1)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—
(a)the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm;
(b)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
(c)it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section.
(2)In this Act “a child assessment order” means an order under this section.
(3)A court may treat an application under this section as an application for an emergency protection order.
(4)No court shall make a child assessment order if it is satisfied—
(a)that there are grounds for making an emergency protection order with respect to the child; and
(b)that it ought to make such an order rather than a child assessment order.
(5)A child assessment order shall—
(a)specify the date by which the assessment is to begin; and
(b)have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order.
(6)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—
(a)to produce him to such person as may be named in the order; and
(b)to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order.
(7)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.
(8)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.
(9)The child may only be kept away from home—
(a)in accordance with directions specified in the order;
(b)if it is necessary for the purposes of the assessment; and
(c)for such period or periods as may be specified in the order.
(10)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.
(11)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—
(a)the child’s parents;
(b)any person who is not a parent of his but who has parental responsibility for him;
(c)any other person caring for the child;
(d)any person in whose favour a contact order is in force with respect to the child;
(e)any person who is allowed to have contact with the child by virtue of an order under section 34; and
(f)the child,before the hearing of the application.
(12)Rules of court may make provision as to the circumstances in which—
(a)any of the persons mentioned in subsection (11); or
(b)such other person as may be specified in the rules,may apply to the court for a child assessment order to be varied or discharged.
(13)In this section “authorised person” means a person who is an authorised person for the purposes of section 31.
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