Children Act 1989

• (5) Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by—

• (a) providing him with suitable accommodation during the vacation; or

• (b) paying him enough to enable him to secure such accommodation himself.

• (6) The Secretary of State may prescribe the meaning of “ full-time ”, “ further education ”, “ higher education ” and “ vacation ” for the purposes of subsection (5).

Information.

24C

• (1) Where it appears to a local authority that a person—

• (a) with whom they are under a duty to keep in touch under section 23B, 23C or 24; or

• (b) whom they have been advising and befriending under section 24A; or

• (c) to whom they have been giving assistance under section 24B,

proposes to live, or is living, in the area of another local authority , or in the area of a local authority in Wales, they must inform that other authority.

• (2) Where a child who is accommodated in England—

• (a) by a voluntary organisation or in a private children’s home;

• (b) by or on behalf of any Local Health Board or Special Health Authority;

• (c) by or on behalf of an integrated care board or NHS England;

• (d) by or on behalf of a local authority in the exercise of education functions;

• (e) by or on behalf of a local authority in Wales in the exercise of education functions;

• (f) in any care home or independent hospital; or

• (g) in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,

ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.

• (3) Subsection (2) only applies, by virtue of any of paragraphs (b) to (g), if the accommodation has been provided for a consecutive period of at least three months.

• (4) In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.

Representations: sections 23A to 24B.

24D

• (1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by—

• (a) a relevant child for the purposes of section 23A or a young person falling within section 23C;

• (b) a person qualifying for advice and assistance; or

• (c) a person falling within section 24B(2),

about the discharge of their functions under this Part in relation to him.

• (1A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1).

• (2) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection.

Secure accommodation

Use of accommodation for restricting liberty.

25

• (1) Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if placed, may not be kept, in accommodation in England or Scotland provided for the purpose of restricting liberty (“secure accommodation”) unless it appears—

• (a) that—

• (i) he has a history of absconding and is likely to abscond from any other description of accommodation; and

• (ii) if he absconds, he is likely to suffer significant harm; or

• (b) that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

• (2) The Secretary of State may by regulations—

• (a) specify a maximum period—

• (i) beyond which a child may not be kept in secure accommodation in England or Scotland without the authority of the court; and

• (ii) for which the court may authorise a child to be kept in secure accommodation in England or Scotland ;

• (b) empower the court from time to time to authorise a child to be kept in secure accommodation in England or Scotland for such further period as the regulations may specify; and

• (c) provide that applications to the court under this section shall be made only by local authorities.in England or Wales

• (3) It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case.

• (4) If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept.

• (5) On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation.

• (5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section.

• (6) No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, he refused or failed to apply.

• (7) The Secretary of State may by regulations provide that—

• (a) this section shall or shall not apply to any description of children specified in the regulations;

• (b) this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified;

• (c) such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in England or Scotland .

• (d) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers).

• (8) The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates.

• (8A) Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act.

• (9) This section is subject to section 20(8).

Independent reviewing officers

Appointment of independent reviewing officer

25A

• (1) If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

• (2) The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

• (3) If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

• (4) An appointee must be of a description prescribed in regulations made by the Secretary of State.

Functions of the independent reviewing officer

25B

• (1) The independent reviewing officer must—

• (a) monitor the performance by the local authority of their functions in relation to the child's case;

• (b) participate, in accordance with regulations made by the Secretary of State, in any review of the child's case;

• (c) ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

• (d) perform any other function which is prescribed in regulations made by the Secretary of State.

• (2) An independent reviewing officer's functions must be performed—

• (a) in such manner (if any) as may be prescribed in regulations made by the Secretary of State; and

• (b) having regard to such guidance as that authority may issue in relation to the discharge of those functions.

• (3) If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

• (a) an officer of the Children and Family Court Advisory and Support Service; ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

• (a) to co-operate with that individual; and

• (b) to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

Referred cases

25C

• (1) In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—

• (a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;

• (b) require any functions of the officers to be performed in the manner prescribed by the regulations.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of cases and inquiries into representations.

26

• (1) The Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.

• (2) The regulations may, in particular, make provision—

• (a) as to the manner in which each case is to be reviewed;

• (b) as to the considerations to which the local authority are to have regard in reviewing each case;

• (c) as to the time when each case is first to be reviewed and the frequency of subsequent reviews;

• (d) requiring the authority, before conducting any review, to seek the views of—

• (i) the child;

• (ii) his parents;

• (iii) any person who is not a parent of his but who has parental responsibility for him; and

• (iv) any other person whose views the authority consider to be relevant,

including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;

• (e) requiring the authority . . . , in the case of a child who is in their care

• (i) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,

• (ii) to consider, whether an application should be made to discharge the care order;

• (f) requiring the authority . . . , in the case of a child in accommodation provided by the authority

• (i) if there is no plan for the future care of the child, to prepare one,

• (ii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,

• (iii) to consider, whether the accommodation accords with the requirements of this Part;

• (g) requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;

• (h) requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;

• (i) requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—

• (i) the child;

• (ii) his parents;

• (iii) any person who is not a parent of his but who has parental responsibility for him; and

• (iv) any other person whom they consider ought to be notified;

• (j) requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—

• (a) any child who is being looked after by them or who is not being looked after by them but is in need;

• (b) a parent of his;

• (c) any person who is not a parent of his but who has parental responsibility for him;

• (d) any local authority foster parent;

• (e) such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,

about the discharge by the authority of any of their qualifying functions in relation to the child.

• (3A) The following are qualifying functions for the purposes of subsection (3)—

• (a) functions under this Part,

• (b) such functions under Part 4 or 5 as are specified by the Secretary of State in regulations.

• (3B) The duty under subsection (3) extends to representations (including complaints) made to the authority by—

• (a) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,

• (b) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,

about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations.

• (3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—

• (a) a child with respect to whom a special guardianship order is in force,

• (b) a special guardian or a parent of such a child,

• (c) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or

• (d) any person who has applied for an assessment under section 14F(3) or (4),

about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.

• (4) The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—

• (a) the consideration; and

• (b) any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration

but this subsection is subject to subsection (5A).

• (4A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section.

• (5) In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the Secretary of State for the purpose of regulating the procedure to be followed.

• (5A) Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.

• (6) The Secretary of State may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).

• (7) Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—

• (a) have due regard to the findings of those considering the representation; and

• (b) take such steps as are reasonably practicable to notify (in writing)—

• (i) the person making the representation;

• (ii) the child (if the authority consider that he has sufficient understanding); and

• (iii) such other persons (if any) as appear to the authority to be likely to be affected,

of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.

• (8) Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.

Representations: further consideration

26ZA

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Representations: further consideration (Wales)

26ZB

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advocacy services

26A

• (1) Every local authority shall make arrangements for the provision of assistance to—

• (a) persons who make or intend to make representations under section 24D; and

• (b) children who make or intend to make representations under section 26.

• (2) The assistance provided under the arrangements shall include assistance by way of representation.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The arrangements—

• (a) shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State; and

• (b) shall comply with any other provision made by the regulations in relation to the arrangements.

• (4) The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).

• (5) Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.

Co-operation between authorities.

27

• (1) Where it appears to a local authority that any authority ... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority ... specifying the action in question.

• (2) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.

• (3) The authorities are—

• (a) any local authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any local housing authority;

• (ca) NHS England;

• (d) any integrated care board, Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust;

• (da) any local authority in Wales; and

• (e) any person authorised by the Secretary of State for the purposes of this section.

• (3A) The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation with local education authorities.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recoupment of cost of providing services etc.

29

• (1) Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.

• (2) Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.

• (3) No person shall be liable to pay any charge under subsection (1) for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance.

• (3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of an income-based jobseeker's allowance or of an income-related employment and support allowance.

• (3B) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—

• (a) he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or

• (b) he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.

• (4) The persons are—

• (a) where the service is provided for a child under sixteen, each of his parents;

• (b) where it is provided for a child who has reached the age of sixteen, the child himself; and

• (c) where it is provided for a member of the child’s family, that member.

• (5) Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

• (6) Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the Child Care Act 1980.

• (7) Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority or the area of a local authority in Wales, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

• (8) Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or the area of a local authority in Wales and they are not maintaining him in—

• (a) a community home provided by them;

• (b) a controlled community home; or

• (c) a hospital vested in the Secretary of State or , the Welsh Ministers ... or any other hospital made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by ..., a Local Health Board ...,,

they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.

• (9) Except where subsection (10) or subsection (11) applies, Where a local authority comply with any request under section 27(2) or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority or a local authority in Wales in whose area the child or person is ordinarily resident any reasonable expenses incurred by them in respect of that person.

• (10) Where a local authority (“authority A”) comply with any request under section 27(2) from another local authority (“authority B”) in relation to a child or other person—

• (a) whose responsible authority is authority B for the purposes of section 23B or 23C; or

• (b) whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),

authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.

• (11) Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.

Miscellaneous.

30

• (1) Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.

• (2) Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the Secretary of State but see subsection (2C).

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) Any question arising as to whether a child is ordinarily resident—

• (a) in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or

• (b) in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,

shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.

• (2D) The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may make regulations for determining, as respects any education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.

Meaning of appropriate national authority

30A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV — Care and Supervision

General

Care and Supervision

31

• (1) On the application of any local authority or authorised person, the court may make an order—

• (a) placing the child with respect to whom the application is made in the care of a designated local authority; or

• (b) putting him under the supervision of a designated local authority . . ..

• (2) A court may only make a care order or supervision order if it is satisfied—

• (a) that the child concerned is suffering, or is likely to suffer, significant harm; and

• (b) that the harm, or likelihood of harm, is attributable to—

• (i) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

• (ii) the child’s being beyond parental control.

• (3) No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).

• (3A) A court deciding whether to make a care order—

• (a) is required to consider the permanence provisions of the section 31A plan for the child concerned, but

• (b) is not required to consider the remainder of the section 31A plan, subject to section 34(11).

• (3B) For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—

• (a) such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—

• (i) the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;

• (ii) adoption;

• (iii) long-term care not within sub-paragraph (i) or (ii);

• (b) such of the plan's provisions as set out any of the following—

• (i) the impact on the child concerned of any harm that he or she suffered or was likely to suffer;

• (ii) the current and future needs of the child (including needs arising out of that impact);

• (iii) the way in which the long-term plan for the upbringing of the child would meet those current and future needs.

• (3C) The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan.

• (4) An application under this section may be made on its own or in any other family proceedings.

• (5) The court may—

• (a) on an application for a care order, make a supervision order;

• (b) on an application for a supervision order, make a care order.

• (6) Where an authorised person proposes to make an application under this section he shall—

• (a) if it is reasonably practicable to do so; and

• (b) before making the application,

consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.

• (7) An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—

• (a) the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or

• (b) subject to—

• (i) a care order or supervision order;

• (ii) a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code; or

• (iii) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011.

• (8) The local authority designated in a care order must be—

• (a) the authority within whose area the child is ordinarily resident; or

• (b) where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.

• (9) In this section—

• “authorised person” means—the National Society for the Prevention of Cruelty to Children and any of its officers; andany person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;

• “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;

• “development” means physical, intellectual, emotional, social or behavioural development;

• “health” means physical or mental health; and

• “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

• (10) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

• (11) In this Act—

• “a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

• “a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Family group decision-making

31ZA

• (1) Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child.

• (2) If the offer is accepted by at least one person to whom it is made, the local authority must arrange for the meeting to be held before the authority makes the application.

• (3) The duty under subsection (1) or (2) does not apply where the local authority considers that it would not be in the best interests of the child for a family group decision-making meeting to be offered or (as the case may be) to be held.

• (4) A “family group decision-making meeting” is a meeting held for the purpose of enabling the child’s family network—

• (a) to discuss the welfare needs of the child, and

• (b) to make a proposal in response to concerns about the child’s welfare.

• (5) A “family network”, in relation to a child, consists of such persons with an interest in the child’s welfare as the authority considers appropriate to attend the meeting having regard to the child’s best interests, and such persons may (in particular) include—

• (a) the child’s parents or any other person with parental responsibility for the child, and

• (b) relatives, friends or other persons connected with the child.

• (6) The local authority must include the offer under subsection (1) in the letter before proceedings sent in relation to the child.

• (7) A “letter before proceedings” is the letter sent by the local authority to the child’s parents, or any other person with parental responsibility for the child, before the local authority makes an application for an order under this Part in relation to the child.

• (8) Where the local authority considers it appropriate, the child in relation to whom the family group decision-making meeting is held may attend the meeting.

• (9) In exercising functions under this section in relation to a child, a local authority must, so far as is reasonably practicable and consistent with the child’s welfare—

• (a) ascertain the child’s wishes and feelings regarding the exercise of those functions, and

• (b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.

Care orders: care plans

31A

• (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 ”.

Period within which application for order under this Part must be disposed of.

32

• (1) A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) —

• (a) draw up a timetable with a view to disposing of the application—

• (i) without delay, and

• (ii) in any event within twenty-six weeks beginning with the day on which the application was issued; and

• (b) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to.

• (2) Rules of court may—

• (a) specify periods within which specified steps must be taken in relation to such proceedings; and

• (b) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay.

• (3) A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to—

• (a) the impact which the timetable would have on the welfare of the child to whom the application relates; and

• (b) the impact which the timetable would have on the conduct of the proceedings.

• (4) A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to—

• (a) the impact which any revision would have on the welfare of the child to whom the application relates; and

• (b) the impact which any revision would have on the duration and conduct of the proceedings.

• (5) A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly.

• (6) When deciding whether to grant an extension under subsection (5), a court must in particular have regard to—

• (a) the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and

• (b) the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings;

and here “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension.

• (7) When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification.

• (8) Each separate extension under subsection (5) is to end no more than eight weeks after the later of—

• (a) the end of the period being extended; and

• (b) the end of the day on which the extension is granted.

• (9) The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision.

• (10) Rules of court may provide that a court—

• (a) when deciding whether to exercise the power under subsection (5), or

• (b) when deciding how to exercise that power,

must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules.

Care orders

Effect of care order.

33

• (1) Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force.

• (2) Where—

• (a) a care order has been made with respect to a child on the application of an authorised person; but

• (b) the local authority designated by the order was not informed that that person proposed to make the application,

the child may be kept in the care of that person until received into the care of the authority.

• (3) While a care order is in force with respect to a child, the local authority designated by the order shall—

• (a) have parental responsibility for the child; and

• (b) have the power (subject to the following provisions of this section) to determine the extent to which —

• (i) a parent, guardian or special guardian of the child; or

• (ii) a person who by virtue of section 4A has parental responsibility for the child,

may meet his parental responsibility for him.

• (4) The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare.

• (5) Nothing in subsection (3)(b) shall prevent a person mentioned in that provision who has care of the child from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare.

• (6) While a care order is in force with respect to a child, the local authority designated by the order shall not—

• (a) cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or

• (b) have the right—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) to agree or refuse to agree to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002, with respect to the child; or

• (iii) to appoint a guardian for the child.

• (7) While a care order is in force with respect to a child, no person may—

• (a) cause the child to be known by a new surname; or

• (b) remove him from the United Kingdom,

without either the written consent of every person who has parental responsibility for the child or the leave of the court.

• (8) Subsection (7)(b) does not—

• (a) prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or

• (b) apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales).

• (9) The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which a person mentioned in that provision has in relation to the child and his property by virtue of any other enactment.

Parental contact etc. with children in care.

34

• (1) Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a) or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014 allow the child reasonable contact with—

• (a) his parents;

• (b) any guardian or special guardian of his;

• (ba) any person who by virtue of section 4A has parental responsibility for him;

• (c) where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in the child arrangements order as a person with whom the child was to live ; and

• (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.

• (6A) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in England are authorised to refuse to allow contact between the child and a person mentioned in any of paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1) of that Schedule does not require the authority to endeavour to promote contact between the child and that person.

• (6B) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.

• (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—

• (za) what a local authority in England must have regard to in considering whether contact between a child and a person mentioned in any of paragraphs (a) to (d) of subsection (1) is consistent with safeguarding and promoting the child's welfare;

• (a) the steps to be taken by a local authority who have exercised their powers under subsection (6);

• (b) the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;

• (c) notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.

• (9) The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.

• (10) An order under this section may be made either at the same time as the care order itself or later.

• (11) Before making, varying or discharging an order under this section or making a care order with respect to any child the court shall—

• (a) consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and

• (b) invite the parties to the proceedings to comment on those arrangements.

Supervision orders

Supervision orders.

35

• (1) While a supervision order is in force it shall be the duty of the supervisor—

• (a) to advise, assist and befriend the supervised child;

• (b) to take such steps as are reasonably necessary to give effect to the order; and

• (c) where—

• (i) the order is not wholly complied with; or

• (ii) the supervisor considers that the order may no longer be necessary,

to consider whether or not to apply to the court for its variation or discharge.

• (2) Parts I and II of Schedule 3 make further provision with respect to supervision orders.

Education supervision orders.

36

• (1) On the application of any local authority, the court may make an order putting the child with respect to whom the application is made under the supervision of a designated local authority.

• (2) In this Act “an education supervision order” means an order under subsection (1).

• (3) A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated.

• (4) For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have.

• (5) Where a child is—

• (a) the subject of a school attendance order which is in force under section 437 of the Education Act 1996 and which has not been complied with; or

• (b) is not attending regularly within the meaning of section 444 of that Act—

• (i) a school at which he is a registered pupil,

• (ii) any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of that Act, or

• (iii) any place which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section,

then, unless it is proved that he is being properly educated, it shall be assumed that he is not.

• (6) An education supervision order may not be made with respect to a child who is in the care of a local authority.

• (7) The local authority designated in an education supervision order must be—

• (a) the authority within whose area the child concerned is living or will live; or

• (b) where—

• (i) the child is a registered pupil at a school; and

• (ii) the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree,

the latter authority.

• (8) Where a local authority propose to make an application for an education supervision order they shall, before making the application, consult the . . . appropriate local authority if different.

• (9) The appropriate local authority is—

• (a) in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and

• (b) in any other case, the local authority within whose area the child concerned lives, or will live.

• (10) Part III of Schedule 3 makes further provision with respect to education supervision orders.

• (11) Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act).

Powers of court

Powers of court in certain family proceedings.

37

• (1) Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances.

• (2) Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should—

• (a) apply for a care order or for a supervision order with respect to the child;

• (b) provide services or assistance for the child or his family; or

• (c) take any other action with respect to the child.

• (3) Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of—

• (a) their reasons for so deciding;

• (b) any service or assistance which they have provided, or intend to provide, for the child and his family; and

• (c) any other action which they have taken, or propose to take, with respect to the child.

• (4) The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs.

• (5) The local authority named in a direction under subsection (1) must be—

• (a) the authority in whose area the child is ordinarily resident; or

• (b) where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given.

• (6) If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child—

• (a) they shall consider whether it would be appropriate to review the case at a later date; and

• (b) if they decide that it would be, they shall determine the date on which that review is to begin.

Interim orders.

38

• (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 child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made.

• (3A) For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

• (a) with whom the child is to live, and

• (b) when the child is to live with any person.

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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;

• (da) in a case which falls within subsection (1)(b) and in which—

• (i) no direction has been given under section 37(4), and

• (ii) no application for a care order or supervision order has been made with respect to the child,

the expiry of the period of eight weeks beginning with the date on which the order is made;

• (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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.

• (7A) A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly.

• (7B) When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to—

• (a) any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child,

• (b) the issues with which the examination or other assessment would assist the court,

• (c) the questions which the examination or other assessment would enable the court to answer,

• (d) the evidence otherwise available,

• (e) the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings,

• (f) the cost of the examination or other assessment, and

• (g) any matters prescribed by Family Procedure Rules.

• (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.

Power to include exclusion requirement in interim care order.

38A

• (1) Where—

• (a) on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and

• (b) the conditions mentioned in subsection (2) are satisfied,

the court may include an exclusion requirement in the interim care order.

• (2) The conditions are—

• (a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and

• (b) that another person living in the dwelling-house (whether a parent of the child or some other person)—

• (i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

• (ii) consents to the inclusion of the exclusion requirement.

• (3) For the purposes of this section an exclusion requirement is any one or more of the following—

• (a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,

• (b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and

• (c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.

• (4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order.

• (5) Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.

• (6) Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.

• (7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order.

• (8) Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

• (9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.

• (10) If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement.

Undertakings relating to interim care orders.

38B

• (1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.

• (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 local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.

• (4) This section has effect without prejudice to the powers of the High Court and family court apart from this section.

• (5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.

Discharge and variation etc. of care orders and supervision orders.

39

• (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.

• (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.

Orders pending appeals in cases about care or supervision orders.

40

• (1) Where—

• (a) a court dismisses an application for a care order; and

• (b) at the time when the court dismisses the application, the child concerned is the subject of an interim care order,

the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

• (2) Where—

• (a) a court dismisses an application for a care order, or an application for a supervision order; and

• (b) at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order,

the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order.

• (3) Where a court grants an application to discharge a care order or supervision order, it may order that—

• (a) its decision is not to have effect; or

• (b) the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order.

• (4) An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order.

• (5) Where—

• (a) an appeal is made against any decision of a court under this section; or

• (b) any application is made to the appellate court in connection with a proposed appeal against that decision,

the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period.

• (6) In this section “the appeal period” means—

• (a) where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and

• (b) otherwise, the period during which an appeal may be made against the decision.

Guardians ad litem

Representation of child

41

• (1) or the purpose of any specified proceedings, the court shall appoint an officer of the Serviceor a Welsh family proceedings officer for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.

• (2) The officer of the Serviceor Welsh family proceedings officer shall—

• (a) be appointed in accordance with rules of court; and

• (b) be under a duty to safeguard the interests of the child in the manner prescribed by such rules.

• (3) Where—

• (a) the child concerned is not represented by a solicitor; and

• (b) any of the conditions mentioned in subsection (4) is satisfied,

the court may appoint a solicitor to represent him.

• (4) The conditions are that—

• (a) no officer of the Serviceor Welsh family proceedings officer has been appointed for the child;

• (b) the child has sufficient understanding to instruct a solicitor and wishes to do so;

• (c) it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor.

• (5) Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.

• (6) In this section “specified proceedings” means any proceedings—

• (a) on an application for a care order or supervision order;

• (b) in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order;

• (c) on an application for the discharge of a care order or the variation or discharge of a supervision order;

• (d) on an application under section 39(4);

• (e) in which the court is considering whether to make a child arrangements order with respect to the living arrangements of a child who is the subject of a care order;

• (f) with respect to contact between a child who is the subject of a care order and any other person;

• (g) under Part V;

• (h) on an appeal against—

• (i) the making of, or refusal to make, a care order, supervision order or any order under section 34;

• (ii) the making of, or refusal to make, a child arrangements order with respect to the living arrangements of a child who is the subject of a care order; or

• (iii) the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii);

• (iv) the refusal of an application under section 39(4); or

• (v) the making of, or refusal to make, an order under Part V; or

• (hh) on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002);

• (i) which are specified for the time being, for the purposes of this section, by rules of court.

• (6A) The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.

• (6B) For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

• (a) with whom the child is to live, and

• (b) when the child is to live with any person.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) Rules of court may make provision as to—

• (a) the assistance which any officer of the Serviceor Welsh family proceedings officer may be required by the court to give to it;

• (b) the consideration to be given by any officer of the Serviceor Welsh family proceedings officer , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;

• (c) the participation of officers of the Serviceor Welsh family proceedings officers in reviews, of a kind specified in the rules, which are conducted by the court.

• (11) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

• (a) any statement contained in a report made by an officer of the Serviceor a Welsh family proceedings officer who is appointed under this section for the purpose of the proceedings in question; and

• (b) any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right of officer of the Service to have access to local authority records

42

• (1) Where an officer of the Serviceor Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to examine and take copies of—

• (a) any records of, or held by, a local authority or an authorised personwhich were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; . . .

• (b) any . . . records of, or held by, a local authority which were compiled in connection with any functions which are social services functions within the meaning of the Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014, so far as those records relate to that child.

; or

• (c) any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.

• (2) Where an officer of the Serviceor Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—

• (a) report which he makes to the court in the proceedings in question; or

• (b) evidence which he gives in those proceedings.

• (3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

• (4) In this section “ authorised person ” has the same meaning as in section 31.

Part V — Protection of Children

Child assessment orders.

43

• (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 named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;

• (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.

Orders for emergency protection of children.

44

• (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 named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact;

• (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.

Power to include exclusion requirement in emergency protection order.

44A

• (1) Where—

• (a) on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and

• (b) the conditions mentioned in subsection (2) are satisfied,

the court may include an exclusion requirement in the emergency protection order.

• (2) The conditions are—

• (a) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then—

• (i) in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or

• (ii) in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and

• (b) that another person living in the dwelling-house (whether a parent of the child or some other person)—

• (i) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and

• (ii) consents to the inclusion of the exclusion requirement.

• (3) For the purposes of this section an exclusion requirement is any one or more of the following—

• (a) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child,

• (b) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and

• (c) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated.

• (4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order.

• (5) Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement.

• (6) Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement.

• (7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order.

• (8) Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement.

• (9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act.

• (10) If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement.

Undertakings relating to emergency protection orders.

44B

• (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