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This judgment concerns two appeals against an order by MacDonald J for disclosure made in private family proceedings under the Children Act 1989 concerning a boy, H, now aged 9. The appeals are brought by the Secretary of State for the Home Department and the boy’s mother.
Jan 30, 2023 · MacDonald J found that, ordinarily, a local authority relying upon s.33(3)(b) Children Act 1989 to impose restrictions on the use of devices to protect a child from a risk of serious harm would not require the sanction of the court, he did accept at paragraph 60 that:
An Act to make provision about children and young persons who are being, or have been, looked after by a local authority; to replace section 24 of the Children Act 1989; and for connected...
- Introduction
- Summary and Background
- Outline of The Existing Law
- Overview of The Act
- Commentary on Sections
- Commencement
1.These explanatory notes relate to the Children (Leaving Care) Act 2000 which received Royal Assent on 30 November 2000. They have been prepared by the Department of Health, with input from the Department of Social Security, the Scottish Executive and the National Assembly for Wales in order to assist the reader of the Act. They do not form part o...
3.This Act implements the proposals set out in the consultation document Me, Survive, Out There? – New Arrangements for Young People Living in and Leaving Care published in July 1999. The consultation document set out detailed proposals for improving the life chances of young people living in and leaving local authority care. It followed up the Whi...
10.All statutory references are to the Children Act 1989. A child is a person under the age of 18 (section 105). 11.A “looked after” child is a child who is provided with accommodation by a local authority in the exercise of its social services functions, or who is in its care under a care order (section 22(1)). There are many social services funct...
15.The Act amends Part III of the Children Act, in particular by introducing into that Act new sections 23A to 23E and substituting section 24 with new sections 24 and 24A to 24D. Section 6 of the Act provides for changes to social security legislation.
Section 1: Eligible children: preparation for leaving care
16.This section amends Schedule 2 to the Children Act , inserting new paragraphs 19A, 19B and 19C after paragraph 19 to impose duties on local authorities towards children whom they are looking after.
19a
17.Paragraph 19A restates the duty at present in section 24(1)
19b
18.Paragraph 19B makes provision about eligible children.Sub-paragraph (2) defines an eligible child as one who has been looked after for a prescribed period after a prescribed age, and is aged 16 or 17. The prescribed period need not be continuous but could be aggregated from more than one episode of care. In order to avoid including young people who may have been looked after as infants and happen to return briefly to care after they are 16, regulations will specify the age above which epis...
79.The Act will come into force in England and Wales on a date or dates to be determined. Section 6, as applied to Scotland, will come into force in Scotland at a later date to be determined.
Dec 2, 2009 · Abstract. This article presents findings from a large empirical research study which examines the ways in which the Children (Leaving Care) Act 2000 is being implemented. The evidence presented points to a complex picture of ‘slower running’ and ‘faster running’ leaving care services, modest achievements, ongoing problems, and mixed ...
- Bob Broad
- 2005
Mar 17, 2023 · MacDonald J was satisfied that the appropriate legal framework in this case for mediating the removal of, or the restriction of the use of, P’s mobile phone, tablet and laptop and use of social media is that provided to the local authority by s.33(3)(b) of the Children Act 1989.
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Changes to legislation: Children (Leaving Care) Act 2000 is up to date with all changes known to be in force on or before 03 September 2018. There are changes that may be brought into force at a future date.
