Q&As

Where children from the same family are split between two different local authority areas, can one local authority deal with the care planning for all of the children? Where a full care order has been granted to a local authority, can that order be transferred by the court to another local authority?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 18 November 2022
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Pursuant to section 31 of the Children Act 1989 (ChA 1989), the court may make an order placing the child with respect to whom the application is made in the care of a designated local authority, or putting them under the supervision of a designated local authority.

The local authority designated in a care order must be either:

  1. the authority within whose area the child is ordinarily resident, or

  2. where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made

In determining the ‘ordinary residence’ of a child, the court shall disregard any period in which a child lives in any

Katherine Illsley
Katherine Illsley

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom

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