HC Deb 23 October 1989 vol 158 cc637-8

' .—(1) Where—

  1. (a) a court dismisses an application for a care order; and
  2. (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—

  1. (a) a court dismisses an application for a care order, or an application for a supervision order; and
  2. (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—

  1. (a) its decision is not to have effect; or
  2. (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—

  1. (a) an appeal is made against any decision of a court under this section; or
  2. (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—

  1. (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
  2. (b) otherwise, the period during which an appeal may be made against the decision.'.—[The Solicitor-General.]

Brought up, and read the First time.

11.15 pm
The Solicitor-General

I beg to move, That the clause be read a Second time.

Mr. Deputy Speaker (Mr. Harold Walker)

With this it will be convenient to discuss Government amendment No.

320.

The Solicitor-General

The new clause deals with orders pending appeal and will give the courts power to order that a child remain in care, or place him under supervision, pending an appeal when dismissing an application for a care order.

In a similar way, the courts will be able to order that a child stay under supervision pending appeal, when a supervision order is refused. Such powers will be available only when the child is already subject to an interim order.

Courts will also be empowered to order that the child remain in care pending appeal when discharging a care or supervision order. Further, under amendment No. 320, the power to stay the effect of orders will also be extended to those which approve arrangements for children in local authority care to live abroad.

The powers are necessary to avoid needless disruption to the child where there is a good chance that an appellate court will reverse a first instance decision to refuse an order.

The new clause balances the need to consider the child's best interests, by protecting him from unnecessary disruption, against the basic premise that the child should not be kept away from his parents where the local authority has failed to obtain an order. The restrictions placed upon the availability and duration of the orders strike that balance in the best way possible.

Amendment No. 320 completes the picture concerning orders pending appeal. The amendment relates to the situation where the court is asked to approve arrangements for a child in local authority care to live abroad. There must be power to stay this approval pending an appeal as rights of appeal would be useless if the child could be removed from the jurisdiction before an appeal is heard.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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