Q&As

Are the powers of a recovery order in children's care proceedings unlimited or can a child only be recovered once per order?

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Produced in partnership with Kirstie Danton of St Ives Chambers
Published on LexisPSL on 15/08/2016

The following Local Government Q&A Produced in partnership with Kirstie Danton of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Are the powers of a recovery order in children's care proceedings unlimited or can a child only be recovered once per order?
  • Grounds for applying for a recovery order in care proceedings
  • Section 50 of Children Act 1989 (ChA 1989)
  • Procedure for applying for a recovery order
  • How long does a recovery order last for?

Grounds for applying for a recovery order in care proceedings

Section 50 of Children Act 1989 (ChA 1989)

Section 50(2) of ChA 1989 specifies that a recovery order under this section can only be applied for in respect of children who are in care, the subject of an emergency care order or in police protection. See Practice Note: Public children—emergency protection orders.

Section 50(4) of ChA 1989 lists the possible applicant for an order as any person who has parental responsibility for the child by virtue of a care order or emergency protection order or where the child is in police protection, the designated officer.

Section 50(1) of ChA 1989 states that the court may make a recovery order where it appears to the court that there is reason to believe that a child as specified in s 50(2) of ChA 1989:

  1. has been unlawfully taken away or is being kept unlawfully away from the responsible person

  2. has run away or is staying away from the responsible

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