Change 1 Article Choose an article Title and introductory text 1 Welfare of the child. 2 Parental responsibility for children. 3 Meaning of “parental responsibility”. 4 Acquisition of parental responsibility by father. 4ZA Acquisition of parental responsibility by second female parent 4A Acquisition of parental responsibility by step-parent 5 Appointment of guardians. 6 Guardians: revocation and disclaimer. 7 Welfare reports. 8 Child arrangements orders and other orders with respect to children. 9 Restrictions on making section 8 orders. 10 Power of court to make section 8 orders. 11 General principles and supplementary provisions. 11A ... Activity directions 11B ... Activity directions: further provision 11C ... Activity conditions 11D ... Activity conditions: further provision 11E ...Activity directions and conditions: making 11F ... Activity directions and conditions: financial assistance 11G ... Activity directions and conditions: monitoring 11H Monitoring contact and shared residence 11I Child arrangements orders: warning notices 11J Enforcement orders 11K Enforcement orders: further provision 11L Enforcement orders: making 11M Enforcement orders: monitoring 11N Enforcement orders: warning notices 11O Compensation for financial loss 11P Orders under section 11O(2): further provision 12 Child arrangements orders and parental responsibility. 13 Change of child’s name or removal from jurisdiction. 14 Enforcement of residence orders. 14A Special guardianship orders 14B Special guardianship orders: making 14C Special guardianship orders: effect 14D Special guardianship orders: variation and discharge 14E Special guardianship orders: supplementary 14F Special guardianship support services 14G Special guardianship support services: representations 15 Orders for financial relief with respect to children. 16 Family assistance orders. 16A Risk assessments 16B Application to local authorities in England 17 Provision of services for children in need, their families and others. 17ZA Young carers' needs assessments ... 17ZB Young carers' needs assessments: supplementary 17ZC Consideration of young carers' needs assessments 17ZD Parent carers' needs assessments ... 17ZE Parent carers' needs assessments: supplementary 17ZF Consideration of parent carers' needs assessments 17ZG Section 17 services: continued provision where EHC plan maintained 17ZH Section 17 services: transition for children to adult care and support 17ZI Section 17 services: provision after EHC plan no longer maintained 17A Direct payments 17B Vouchers for persons with parental responsibility for disabled children : Wales. 18 Day care for pre-school and other children. 19 Review of provision for day care, child minding etc. 20 Provision of accommodation for children: general. 21 Provision of accommodation for children in police protection or detention or on remand, etc. 22 General duty of local authority in relation to children looked after by them. 23 Provision of accommodation and maintenance by local authority for children whom they are looking after. 22A Provision of accommodation for children in care 22B Maintenance of looked after children 22C Ways in which looked after children are to be accommodated and maintained 22D Review of child's case before making alternative arrangements for accommodation 22E Children’s homes provided by Secretary of State or Welsh Ministers 22F Regulations as to children looked after by local authorities 22G General duty of local authority to secure sufficient accommodation for looked after children 22H Kinship care: information 22I Section 22H: interpretation 22J Accommodation of looked after children: regional co-operation arrangements 23ZZA Information and advice for promoting educational achievement 23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others 23ZB Independent visitors for children looked after by a local authority 23A The responsible authority and relevant children. 23B Additional functions of the responsible authority in respect of relevant children. 23C Continuing functions in respect of former relevant children. 23CZA Arrangements for certain former relevant children to continue to live with former foster parents 23CZB England: further advice and support 23CA Further assistance to pursue education or training 23D Personal advisers. 23E Pathway plans. 24 Persons qualifying for advice and assistance. 24A Advice and assistance. 24B Employment, education and training. 24C Information. 24D Representations: sections 23A to 24B. 25 Use of accommodation for restricting liberty. 25A Appointment of independent reviewing officer 25B Functions of the independent reviewing officer 25C Referred cases 26 Review of cases and inquiries into representations. 26ZA Representations: further consideration 26ZB Representations: further consideration (Wales) 26A Advocacy services 27 Co-operation between authorities. 28 Consultation with local education authorities. 29 Recoupment of cost of providing services etc. 30 Miscellaneous. 30A Meaning of appropriate national authority 31 Care and Supervision 31ZA Family group decision-making 31A Care orders: care plans 32 Period within which application for order under this Part must be disposed of. 33 Effect of care order. 34 Parental contact etc. with children in care. 35 Supervision orders. 36 Education supervision orders. 37 Powers of court in certain family proceedings. 38 Interim orders. 38A Power to include exclusion requirement in interim care order. 38B Undertakings relating to interim care orders. 39 Discharge and variation etc. of care orders and supervision orders. 40 Orders pending appeals in cases about care or supervision orders. 41 Representation of child 42 Right of officer of the Service to have access to local authority records 43 Child assessment orders. 44 Orders for emergency protection of children. 44A Power to include exclusion requirement in emergency protection order. 44B Undertakings relating to emergency protection orders. 45 Duration of emergency protection orders and other supplemental provisions. 46 Removal and accommodation of children by police in cases of emergency. 47 Local authority’s duty to investigate. 48 Powers to assist in discovery of children who may be in need of emergency protection. 49 Abduction of children in care etc. 50 Recovery of abducted children etc. 51 Refuges for children at risk. 52 Rules and regulations. 53 Provision of community homes by local authorities. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Determination of disputes relating to controlled and assisted community homes. 56 Discontinuance by voluntary organisation of controlled or assisted community home. 57 Closure by local authority of controlled or assisted community home. 58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises. 59 ` Provision of accommodation by voluntary organisations. 60 Voluntary homes. 61 Duties of voluntary organisations. 62 Duties of local authorities. 63 Private children’s homes etc. 64 Welfare of children in children’s homes. 65 2 Persons disqualified from carrying on, or being employed in children’s homes. 65A Appeal against refusal of authority to give consent under section 65. 66 Privately fostered children. 67 Welfare of privately fostered children. 68 Persons disqualified from being private foster parents. 69 Power to prohibit private fostering. 70 Offences. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79A Child minders and day care providers. 79B Other definitions, etc. 79C Regulations etc. governing child minders and day care providers. 79D Requirement to register. 79E Applications for registration. 79F Grant or refusal of registration. 79G Cancellation of registration. 79H Suspension of registration. 79J Resignation of registration. 79K Protection of children in an emergency. 79L Notice of intention to take steps. 79M Appeals. 79N General functions of the Chief Inspector. 79P Early years child care inspectorate. 79Q Inspection of provision of child minding and day care in England. 79R Reports of inspections. 79S General functions of the Assembly. 79T Inspection: Wales. 79U Rights of entry etc. 79V Function of local authorities. 79W Requirement for certificate of suitability. 79X Time limit for proceedings. 80 Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority. 81 Inquiries. 82 Financial support by Secretary of State. 83 Research and returns of information. 84 Local authority failure to comply with statutory duty: default power of Secretary of State. 85 Children accommodated by health authorities and local education authorities. 86 Children accommodated in care homes or independent hospitals. 86A Visitors for children notified to local authority ... 87 Welfare of children in boarding schools and colleges. 87A Suspension of duty under section 87(3). 87B Duties of inspectors under section 87A. 87BA Quality assurance of inspectors under section 87A 87BB Information sharing between the Chief Inspector for England and section 87A inspectors 87C Boarding schools: national minimum standards. 87D Annual fee for boarding school inspections. 88 Amendments of adoption legislation. 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Care and supervision orders in criminal proceedings. 91 Effect and duration of orders etc. 91A Section 91(14) orders: further provision 92 Jurisdiction of courts. 93 Rules of court. 94 Appeals. 95 Attendance of child at hearing under Part IV or V. 96 Evidence given by, or with respect to, children. 97 Privacy for children involved in certain proceedings. 98 Self-incrimination. 99 . 100 Restrictions on use of wardship jurisdiction. 101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man. 102 Power of constable to assist in exercise of certain powers to search for children or inspect premises. 103 Offences by bodies corporate. 104 Regulations and orders. 104A Regulations made by the Welsh Ministers under section 31A or Part 7 105 Interpretation. 106 Financial provisions. 107 Application to Channel Islands. 108 Short title, commencement extent etc. SCHEDULE A1 Enforcement orders SCHEDULE 1 Financial Provision for Children SCHEDULE 2 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND SCHEDULE 3 Supervision Orders SCHEDULE 4 Management and Conduct of Community Homes SCHEDULE 5 Voluntary Homes and Voluntary Organisations SCHEDULE 6 Private Children’s Homes SCHEDULE 7 Foster Parents: Limits on Number of Foster Children SCHEDULE 8 Privately Fostered Children SCHEDULE 9 SCHEDULE 9A Child Minding and Day Care for Young Children in Wales SCHEDULE 10 Amendments of Adoption Legislation SCHEDULE 11 Jurisdiction SCHEDULE 12 Minor Amendments SCHEDULE 13 Consequential Amendments SCHEDULE 14 Transitionals and Savings SCHEDULE 15 Repeals
What to do with it
As published
38B Undertakings relating to interim care orders.
(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaking given to a court under subsection (1)—
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the High Court and family court apart from this section.
(5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.
Your wording
Your change, as a redline
38B Undertakings relating to interim care orders.
(1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person.
(2) No power of arrest may be attached to any undertaking given under subsection (1).
(3) An undertaking given to a court under subsection (1)—
(a) shall be enforceable as if it were an order of the court, and
(b) shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours.
(4) This section has effect without prejudice to the powers of the High Court and family court apart from this section.
(5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.