Legalize / United Kingdom / Public General Act

Children Act 1989

Type Public General Act

Publication 1989-11-16

Last updated 2026-08-27

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes.

Reform history JSON API

(b) require the local authorities to determine which of them is to establish it.

(9) The Secretary of State may give a direction requiring a local authority to terminate arrangements made in accordance with a direction under subsection (1).

(10) A direction under this section may make different provision for different purposes.

Educational achievement of previously looked after children

Information and advice for promoting educational achievement

23ZZA

(1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.

(2) The advice and information must be made available to—

(a) any person who has parental responsibility for the child,

(b) the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and

(3) A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.

(4) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).

(5) The person appointed for that purpose must be an officer employed by the authority or another local authority in England.

(6) In this section—

(7) For the purposes of this section a child is educated in a local authority's area if—

(a) the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or

(b) the child is of compulsory school age and—

(i) the child attends a school in the local authority's area, or

(ii) if the child does not attend school, the child receives all or most of his or her education in the local authority's area.

(8) For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

Visiting

Duty of local authority to ensure visits to, and contact with, looked after children and others

23ZA

(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 Secretary of State;

(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

(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.

Independent visitors for children looked after by a local authority

23ZB

(1) A local authority looking after a child must appoint an independent person to be the child's visitor if—

(a) the child falls within a description prescribed in regulations made by the Secretary of State; or

(b) in any other case, it appears to them that it would be in the child's interests to do so.

(2) A person appointed under this section must visit, befriend and advise the child.

(3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section.

(4) A person's appointment as a visitor in pursuance of this section comes to an end if—

(a) the child ceases to be looked after by the local authority;

(b) the person resigns the appointment by giving notice in writing to the appointing authority; or

(5) The ending of such an appointment does not affect any duty under this section to make a further appointment.

(6) Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—

(a) the child objects to it; and

(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.

(7) Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—

(a) the child objects to its continuing; and

(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.

(8) If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.

(9) The Secretary of State may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.

Advice and assistance for certain children and young persons

The responsible authority and relevant children.

23A

(1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child.

(2) In subsection (1) “ relevant child ” means (subject to subsection (3)) a child who—

(a) is not being looked after by any local authority in England or by any local authority in Wales;

(b) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and

(3) The Secretary of State may prescribe—

(a) additional categories of relevant children; and

(b) categories of children who are not to be relevant children despite falling within subsection (2).

(4) In subsection (1) the “ responsible local authority ” is the one which last looked after the child.

(5) If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children.

Additional functions of the responsible authority in respect of relevant children.

23B

(1) It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not.

(2) It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2).

(3) It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2—

(a) to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and

(b) to prepare a pathway plan for him.

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(8) The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by—

(a) maintaining him;

(b) providing him with or maintaining him in suitable accommodation; and

(9) Support under subsection (8) may be in cash.

(10) The Secretary of State may by regulations make provision about the meaning of “ suitable accommodation ” and in particular about the suitability of landlords or other providers of accommodation.

(11) If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay—

(a) consider how to re-establish contact; and

(b) take reasonable steps to do so,

and while the child is still a relevant child must continue to take such steps until they succeed.

(12) Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section.

(13) Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section.

Continuing functions in respect of former relevant children.

23C

(1) Each local authority shall have the duties provided for in this section towards—

(a) a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and

(b) a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child,

and in this section such a person is referred to as a “ former relevant child ”.

(2) It is the duty of the local authority to take reasonable steps—

(a) to keep in touch with a former relevant child whether he is within their area or not; and

(b) if they lose touch with him, to re-establish contact.

(3) It is the duty of the local authority—

(a) to continue the appointment of a personal adviser for a former relevant child; and

(b) to continue to keep his pathway plan under regular review.

(4) It is the duty of the local authority to give a former relevant child—

(a) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it;

(b) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it;

(5) The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash.

(5A) It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.

(5B) The Secretary of State may by regulations—

(a) prescribe the relevant amount for the purposes of subsection (5A);

(b) prescribe the meaning of “higher education” for those purposes;

(d) make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.

(5C) The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).

(6) Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one.

(7) If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday—

(a) the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and

(b) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty.

(8) For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable.

(9) Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) or who is in receipt of a payment under subsection (5A) as it applies in relation to a person to whom section 24B(3) applies.

(10) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section.

Arrangements for certain former relevant children to continue to live with former foster parents

23CZA

(1) Each local authority ... have the duties provided for in subsection (3) in relation to a staying put arrangement.

(2) A “staying put arrangement” is an arrangement under which—

(a) a person who is a former relevant child by virtue of section 23C(1)(b), and

(b) a person (a “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority,

continue to live together after the former relevant child has ceased to be looked after.

(3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)—

(a) to monitor the staying put arrangement, and

(b) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement.

(4) Support provided to the former foster parent under subsection (3)(b) must include financial support.

(5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child.

(6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21.

England: further advice and support

23CZB

(1) This section applies to a former relevant child if—

(a) he or she has reached the age of 21 but not the age of 25, and

(b) a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).

(2) If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).

(3) The local authority must provide the former relevant child with a personal adviser until the former relevant child—

(a) reaches the age of 25, or

(b) if earlier, informs the local authority that he or she no longer wants a personal adviser.

(4) The local authority must—

(a) carry out an assessment in relation to the former relevant child under subsection (5), and

(b) prepare a pathway plan for the former relevant child.

(5) An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—

(a) whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and

(b) if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.

(6) The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).

(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—

(a) as soon as possible after he or she reaches the age of 21, and

(b) at least once in every 12 months.

(8) In this section “former relevant child” has the meaning given by section 23C(1).

Further assistance to pursue education or training

23CA

(1) This section applies to a person if—

(a) he is under the age of twenty-five or of such lesser age as may be prescribed by the Secretary of State;

(b) he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and

(c) he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.

(2) It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.

(3) It is the duty of the responsible local authority—

(a) to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and

(b) to prepare a pathway plan for him.

(4) It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.

(5) The kinds of assistance are—

(a) contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or

(b) making a grant to enable him to meet expenses connected with his education and training.

(6) If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.

(7) For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.

(8) Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.

(9) Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.

(10) Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a).

(11) In this section “ the responsible local authority ” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him.

Personal advisers and pathway plans

Personal advisers.

23D

(1) The Secretary of State may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of twenty-five who are not—

(a) children who are relevant children for the purposes of section 23A;

(b) the young persons referred to in section 23C; or

(“) persons to whom section 23CA applies.

(2) Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the Secretary of State prescribes.

(3) Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.

(4) Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).

Pathway plans.

23E

(1) In this Part, a reference to a “ pathway plan ” is to a plan setting out—

(a) in the case of a plan prepared under paragraph 19B of Schedule 2—

(i) the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and

(ii) when they might cease to look after him;

(aa) in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and

(b) in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part,

and dealing with such other matters (if any) as may be prescribed in regulations made by the Secretary of State.

(1ZA) A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).

(1A) A local authority may carry out an assessment under section 23B(3) , 23CZB(5) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under—

(a) the Chronically Sick and Disabled Persons Act 1970;

(b) Part 4 of the Education Act 1996 or Part 3 of the Children and Families Act 2014 (in the case of an assessment under section 23B(3));

(ba) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

(d) any other enactment.

(1B) The Secretary of State may by regulations make provision as to assessments for the purposes of section 23B(3) , 23CZB(5) or 23CA.

(1C) Regulations under subsection (1B) may in particular make provision about—

(a) who is to be consulted in relation to an assessment;

(b) the way in which an assessment is to be carried out, by whom and when;

(d) the considerations to which a local authority are to have regard in carrying out an assessment.

(1D) A local authority shall keep each pathway plan prepared by them under section 23B , 23CZB or 23CA under review.

(2) The Secretary of State may by regulations make provision about pathway plans and their review.

Persons qualifying for advice and assistance.

24

(1) In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies.

(1A) This subsection applies to a person—

(a) who has reached the age of sixteen but not the age of twenty-one;

(b) with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and

(1B) This subsection applies to a person to whom subsection (1A) does not apply, and who—

(a) is under twenty-one; and

(b) at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered.

(2) In subsection (1B)(b), “looked after, accommodated or fostered” means—

(a) looked after by a local authority (without subsequently being looked after by a local authority in Wales);

(b) accommodated by or on behalf of a voluntary organisation;

(d) accommodated for a consecutive period of at least three months—

(i) by any Local Health Board, Special Health Authority ... or by a local authority in the exercise of education functions, or

(ii) in any care home or independent hospital or in any accommodation provided pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by a National Health Service trust or an NHS foundation trust , or by a local authority in Wales in the exercise of education functions; or

(e) privately fostered.

(3) Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen.

(4) In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B.

(5) In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“ the relevant authority ”) is—

(za) in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State;

(a) in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or

(b) in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B).

Advice and assistance.

24A

(1) The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance.

(2) The conditions are that—

(a) he needs help of a kind which they can give under this section or section 24B; and

(b) in the case of a person to whom section 24(1A) applies, or to whom section 24(1B) applies and who was not being looked after by any local authority or local authority in Wales, they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him.

(3) If the conditions are satisfied—

(a) they shall advise and befriend him if he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and he was being looked after by a local authority (without subsequently being looked after by a local authority in Wales) or was accommodated by or on behalf of a voluntary organisation; and

(b) in any other case they may do so.

(4) Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance.

(5) The assistance may be in kind and, in exceptional circumstances, assistance may be given—

(a) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or

(b) in cash.

(6) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section.

Employment, education and training.

24B

(1) The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment.

(2) The relevant local authority may give assistance to a person to whom subsection (3) applies by—

(a) contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or

(b) making a grant to enable him to meet expenses connected with his education or training.

(3) This subsection applies to any person who—

(a) is under twenty-five ; and

(b) qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a), or would have done so if he were under twenty-one.

(4) Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable.

(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

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;

(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

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;

(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;

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

(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.

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