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Children Act 1989

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Children Act 1989, Section 41 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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41[F1Representation of child]E+W

(1)For the purpose of any specified proceedings, the court shall appoint [F2an officer of the Service] for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests.

(2)The [F2officer of the Service] shall—

(a)be appointed in accordance with rules of court; and

(b)be under a duty to safeguard the interests of the child in the manner prescribed by such rules.

(3)Where—

(a)the child concerned is not represented by a solicitor; and

(b)any of the conditions mentioned in subsection (4) is satisfied,

the court may appoint a solicitor to represent him.

(4)The conditions are that—

(a)no [F2officer of the Service] has been appointed for the child;

(b)the child has sufficient understanding to instruct a solicitor and wishes to do so;

(c)it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor.

(5)Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court.

(6)In this section “specified proceedings” means any proceedings—

(a)on an application for a care order or supervision order;

(b)in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order;

(c)on an application for the discharge of a care order or the variation or discharge of a supervision order;

(d)on an application under section 39(4);

(e)in which the court is considering whether to make a residence order with respect to a child who is the subject of a care order;

(f)with respect to contact between a child who is the subject of a care order and any other person;

(g)under Part V;

(h)on an appeal against—

(i)the making of, or refusal to make, a care order, supervision order or any order under section 34;

(ii)the making of, or refusal to make, a residence order with respect to a child who is the subject of a care order; or

(iii)the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii);

(iv)the refusal of an application under section 39(4); or

(v)the making of, or refusal to make, an order under Part V; or

(i)which are specified for the time being, for the purposes of this section, by rules of court.

[F3(6A)The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order.]

F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Rules of court may make provision as to—

(a)the assistance which any [F2officer of the Service] may be required by the court to give to it;

(b)the consideration to be given by any [F2officer of the Service] , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order;

(c)the participation of [F2officers of the Service] in reviews, of a kind specified in the rules, which are conducted by the court.

(11)Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of—

(a)any statement contained in a report made by [F2an officer of the Service] who is appointed under this section for the purpose of the proceedings in question; and

(b)any evidence given in respect of the matters referred to in the report,

in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering.

F4(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 41 side note substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(e); S.I. 2001/919, art. 2(f)(ii)

F2Words in s. 41(1)(2)(4)(a)(10)(a)(b)(c)(11)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 91(a)(b)(c); S.I. 2001/919, art. 2(f)(ii)

Modifications etc. (not altering text)

C1S. 41(2) modified (14. 10. 1991) by S.I. 1991/1395, rules. 1, 11(1)

Commencement Information

I1S. 41 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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