Section 15 Recovery of children in care under s. 2.

England and Wales

(1)

This section applies to a child—

(a)

who is in the care of a local authority under section 2 of this Act; and

(b)

with respect to whom there is in force a resolution under section 3 of this Act; and

(c)

who—

(i)

has run away from accommodation provided for him by the local authority under Part III of this Act; or

(ii)

has been taken away from such accommodation contrary to section 13(1) of this Act; or

(iii)

has not been returned to the local authority as required by a notice served under section 14 of this Act on a person under whose charge and control the child was, in accordance with section 21(2) of this Act, allowed to be.

(2)

If a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a child to whom this section applies, he may issue a summons directed to the person so specified and requiring him to attend and produce the child before a magistrates’ court acting for the same petty sessions area as the justice.

(3)

Without prejudice to the powers under subsection (2) above, if a justice of the peace is satisfied by information on oath that there are reasonable grounds for believing that a child to whom this section applies is in premises specified in the information, he may issue a search warrant authorising a person named in the warrant, being an officer of the local authority in whose care the child is, to search the premises for the child; and if the child is found, he shall be placed in such accommodation as the local authority may provide for him under Part III of this Act.

(4)

A person who, without reasonable excuse, fails to comply with a summons under subsection (2) above shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

Notes on the whole Act

Textual amendments

F1: Act repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 21(1), 27(4) 31, 36(3)(b) with saving for ss. 16(1) and 24 in Sch. 14 paras. 23 and 28); S.I. 1991/828, art. 3(2). (Certain provisions of this Act are expressed to be amended (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para. 40(2); S.I. 1992/333, art. 2(2), Sch. 2.