HL Deb 02 April 1958 vol 208 cc687-92

Meaning of protected child

1. Subject to the following provisions of this Schedule, where—

  1. (a) arrangements are made for placing a child below the upper limit of the compulsory school age in the care and possession of a person who is not a parent, guardian or relative of his, and another person, not being a parent or guardian of his, takes part in the arrangements; or
  2. (b) notice of intention to apply for an adoption order in respect of a child is given under paragraph (b) of subsection (6) of section two of the principal Act,
then, while the child is in the care and possession of the person first mentioned in subparagraph (a) of this paragraph or, as the case may be, of the person giving the notice mentioned in sub-paragraph (b) thereof, but is not a foster child within the meaning of Part I of this Act, he is a protected child within the meaning of this Schedule.

2. A child is not a protected child by reason of any such arrangements as are mentioned in sub-paragraph (a) of paragraph 1 of this Schedule if the Minister of Pensions and National Insurance took part in them or if the child is only temporarily in the care and possession of the person first mentioned in that sub-paragraph, nor while the child is in the care of any person in any of the circumstances mentioned in subsections (2), (4) or (5) of section two of this Act or paragraphs (b) to (e) of subsection (3) of that section.

3. A child is not a protected child by reason of any such notice as is mentioned in subparagraph (b) of paragraph 1 of this Schedule while he is in an approved school or in the care of any person in any such school, home or institution as is mentioned in subsection (3) or subsection (5) of section two of this Act.

4. A protected child ceases to be a protected child on the making of an adoption order in respect of him or on his attaining the age of eighteen, whichever first occurs.

Duty of local authority to secure well-being of protected children

5. It shall be the duty of every local authority to secure that protected children within their area are visited from time to time by officers of the authority, who shall satisfy themselves as to the well-being of the children and give such advice as to their care and maintenance as may appear to be needed.

Power to inspect premises

6. Any officer of a local authority authorised to visit protected children may, after producing, if asked to do so, some duly authenticated document showing that he is so authorised, inspect any premises in the area of the authority in which such children are to be or are being kept.

Notices and information to be given to local authorities

7. Subject to paragraph 8 of this Schedule, where arrangements are made for the placing of a child in the care and possession of any person and by reason of the arrangements the child would be a protected child while in the care and possession of that person, every person taking part in the arrangements shall give notice in writing of the arrangements to the local authority for the area in which the person in whose care and possession the child is to be placed is living.

8. A notice under paragraph 7 of this Schedule need not be given by the person in whose care and possession the child is to be placed, nor by a parent or guardian of the child.

9. A notice under paragraph 7 of this Schedule shall be given not less than two weeks before the child is placed as mentioned in that paragraph, except that where the child is so placed in an emergency, the notice may he given not later than one week after the child is so placed.

10. Where a person who has a protected child in his care and possession changes his permanent address he shall, not less than two weeks before the change, or, if the change is made in an emergency, not later than one week after the change, give written notice specifying the new address to the local authority in whose area his permanent address is before the change, and if the new address is in the area of another local authority, the authority to whom the notice is given shall inform that other local authority and give them such of the particulars mentioned in paragraph 12 of this Schedule as are known to them.

11. If a protected child dies, the person in whose care and possession he was at his death shall within forty-eight hours of the death give to the local authority notice in writing of the death.

12. A person who has or proposes to have a protected child in his care and possession shall at the request of the local authority give them the following particulars, so far as known to him, that is to say, the name, sex and date and place of birth of the child, and the name and address of every person who is a parent or guardian or acts as a guardian of the child or from whom the child has been or is to be received.

Power of local authority to prohibit placing of child

13. Where arrangements are made for the placing of a child in the care and possession of any person, and by reason of the arrangements the child would be a protected child while in the care and possession of that person, then, if neither a registered adoption society nor a local authority took part in the arrangements and it appears to the authority to whom notice is to be given under paragraph 7 of this Schedule that it would be detrimental to the child to be kept by that person in the premises in which he proposes to keep him, they may by notice in writing given to that person prohibit him from receiving the child in those premises.

Appeal to juvenile court against prohibition under Paragraph 13

14.—(1) person aggrieved by a prohibition imposed under paragraph 13 of this Schedule may, within fourteen days from the date on which he is notified of the prohibition, appeal to a juvenile court and the prohibition shall not have effect while the appeal is pending.

(2) The notice by which a prohibition is imposed under paragraph 13 of this Schedule shall contain a statement informing the person on whom it is imposed of his right to appeal against the prohibition and of the time within which he may do so.

(3) In the application of this paragraph to Scotland, for the reference to a juvenile court there shall be substituted a reference to the sheriff.

Removal of protected children from unsuitable surroundings

15.—(1) If a juvenile court is satisfied, on the complaint of a local authority, that a protected child is being kept or is about to be received by any person who is unfit to have his care, or in contravention of any prohibition imposed by the local authority under paragraph 13 of this Schedule, or in any premises or any environment detrimental or likely to be detrimental to him, the court may make an order for his removal to a place of safety until he can be restored to a parent, relative or guardian of his, or until other arrangements can be made with respect to him; and on proof that there is imminent danger to the health or well-being of the child the power to make an order under this paragraph may be exercised by a justice of the peace acting on the application of a person authorised to visit protected children.

(2) An order under this paragraph may be executed by any person authorised to visit protected children or by any constable and may, notwithstanding anything in section six of the Sunday Observance Act, 1677, be executed on a Sunday.

(3) A local authority may receive into their care under section one of the Children Act, 1948, any child removed under this paragraph, whether or not the circumstances of the child are such that they fall within paragraphs (a) to (c) of subsection (1) of that section and notwithstanding that he may appear to the local authority to be over the age of seventeen.

(4) Where a child is removed under this paragraph the local authority shall, if practicable, inform a parent or guardian of the child, or any person who acts as his guardian.

(5) In the application of this paragraph to Scotland, for references to a juvenile court there shall be substituted references to the sheriff.

Offences

16.—(1) A person shall be guilty of an offence if—

  1. (a) being required, under any provision of this Schedule, to give any notice or information, he fails to give the notice within the time specified in that provision or fails to give the information within a reasonable time, or knowingly makes or causes or procures another person to make any false or misleading statement in the notice or information;
  2. (b) he refuses to allow the visiting of a protected child by a duly authorised officer of a local authority or the inspection, under the power conferred by paragraph 6 of this Schedule, of any premises;
  3. (c) he keeps any child in any premises in contravention of a prohibition imposed under this Schedule;
  4. (d) he refuses to comply with an order under this Schedule for the removal of any child or obstructs any person in the execution of such an order.

(2) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding one hundred pounds or both.

Application of ancillary provisions of Part I

17.—(1) Sections eight and nine of this Act shall apply in relation to protected children as they apply in relation to foster children within the meaning of Part I of this Act.

(2) Section (Sittings of juvenile courts in proceedings under Part I) of this Act shall apply in relation to proceedings under this Schedule as it applies in relation to proceedings under Part I of this Act.

(3) Section ten of this Act shall apply in relation to an order made under this Schedule as it applies in relation to an order made under Part I of this Act.

(4) Sections fifteen and sixteen of this Act shall apply to notices or information given under this Schedule as they apply to notices or information given under Part I of this Act.

Interpretation

18. For the purposes of this Schedule, a person shall be deemed to take part in arrangements for the placing of a child in the care and possession of another person—

  1. (a) if he enters into or makes any agreement or arrangement for, or facilitates, the placing of the child in the care and possession of that other person; or
  2. (b) if he initiates or takes part in any negotiations of which the purpose or effect is the conclusion of any agreement or the making of any arrangement therefor,
or if he causes another to do so.

19. A child in the care and possession of two spouses one of whom is a parent, relative or guardian of his shall be deemed for the purposes of this Schedule to be in the care and possession of that one of them.

20. In this Schedule "compulsory school age", "local authority", "place of safety" and "relative" have the same meanings as in Part I of this Act."—(The Lord Chancellor.)

On Question, Amendment agreed to.

First Schedule [Minor and consequential amendments]:

Amendment moved— Page 26, line 15, leave out ("and section thirty-five of") and insert ("of and the First Schedule to").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Amendment moved— Page 26, line 25, leave out ("and section thirty-five of") and insert ("of and the First Schedule to").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Amendment moved— Page 26, line 30, leave out ("or section thirty-five of") and insert ("of or the First Schedule to").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Amendment moved— Page 26, line 42, leave out ("thirteen or thirty-five") and insert ("or thirteen").—(The Lord Chancellor.)

On Question, Amendment agreed to.

Amendment moved— Page 26, line 43, after ("Act") insert ("or a protected child within the meaning of the First Schedule to that Act,").—(The Lord Chancellor.)

On Question, Amendment agreed to.

First Schedule, as amended, agreed to.

Remaining Schedule agreed to.

House resumed.