Q&As

Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 05/02/2019

The following Local Government Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a local authority proposes indirect contact only in relation to a looked after child, is an order required under section 34(4) of the Children Act 1989 authorising the local authority to do so?

A ‘looked after child’ is a term which covers a child subject to a care order, interim care order or supervision order. Where a child is in the care of the local authority, the local authority shall allow that child reasonable contact with their parents, any guardian or special guardian, any person who has parental responsibility pursuant to section 4A of the Children Act 1989 (ChA 1989) and any person who had care of the child immediately prior to the granting of a care order by virtue of an order made in the exercise of the High Court’s inherent jurisdiction. It is open to the local authority to apply to the court for an order authorising there to be no contact with any of those persons listed at ChA 1989, s 34(1) pursuant to ChA 1989, s 34(4). Applications in relation to the arrangements for contact may be made not only by the local authority but also by the parents and the chi

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