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Changes to legislation: There are outstanding changes not yet made by the ... S. 31(3B) substituted (31.10.2017) by Children and Social Work Act 2017 (c.
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Changes to legislation: Children Act 1989, Section 31 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
General 31 Care and Supervision (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 F.. .. (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). [F2 (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). [F3 (3B) For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—
Part IV – Care and Supervision Document Generated: 2022-06- Changes to legislation: Children Act 1989, Section 31 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (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; [F4 (ii) a youth rehabilitation order within [F5 the meaning given by section 173 of the Sentencing Code ] ; or ] [F6 (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—
Part IV – Care and Supervision Document Generated: 2022-06- Changes to legislation: Children Act 1989, Section 31 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Commencement Information I1 S. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Document Generated: 2022-06- 5 Changes to legislation: Children Act 1989, Section 31 is up to date with all changes known to be in force on or before 14 June 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. View outstanding changes Changes and effects yet to be applied to the whole Act associated Parts and Chapters: Whole provisions yet to be inserted into this Act (including any effects on those provisions):