HL Deb 08 November 1989 vol 512 cc768-9

131 After Clause 34, insert the following new Clause—

'Orders pending appeals in cases about care or supervision orders

.—(1) Where —

  1. (a) a court dismisses an application for a care order; and
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  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 Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 131. I should like to speak also to Amendment No. 309.

I shall deal first with Amendment No. 131. Where a court refuses to grant a care order, but the child is subject to an interim care order, the court may make a care order with respect to the child pending an appeal. In a similar way, a court may order that a child subject to interim supervision may remain under supervision pending an appeal, where a supervision or care order is refused.

The court will also have power to stay a discharge of a care or supervision order pending appeal. Such orders pending appeal or stays may not last beyond the determination of the appeal or the expiry of the time for appealing. Any extensions of these orders must be sought from the Appellate Court, rather than the court of first instance.

Amendment No. 309 applies to orders giving the court's approval to arrangements for a child in local authority care to live abroad. This approval may be "stayed" pending appeal. I beg to move.

Moved, That the House do agree with the Commons in the said amendment. —(The Lord Chancellor.)

On Question, Motion agreed to.