Q&As

Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 03/05/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a court in England and Wales makes an interim care order, can the child be placed in Scotland by the local authority?

Care proceedings are governed by different statutes in England and Wales, Scotland, and Northern Ireland respectively. Care orders in England and Wales are governed by the Children Act 1989 (ChA 1989). A care order is made under ChA 1989, s 31. An interim care order is made under ChA 1989, s 38. The Scotland Act 1998 (SA 1998) and the Children’s Hearings (Scotland) Act 2011 (CH(S)A 2011) allow for secondary legislation to be promulgated to govern cross-border issues. This secondary legislation is contained in the Children’s Hearings (Scotland) Act 2011 (Transfer of Children to Scotland—Effect of Orders made in England and Wales or Northern Ireland) Regulations 2013, SSI 2013/99 and the Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, SI 2013/1465. The effect of these provisions, among other things, is to enable the conversion of a care order m

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