Section 59 General duty of local authority in care cases.F1C1
Scotland
In section 12 of the Children Act 1948, the following subsections are substituted for subsection (1)—
“(1)In reaching any decision relating to a child in their care, a local authority shall give first consideration to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.
(1A)If it appears to the local authority that it is necessary, for the purpose of protecting members of the public, to exercise their powers in relation to a particular child in their care in a manner which may not be consistent with their duty under the foregoing subsection, the authority may, notwithstanding that duty, act in that manner.”.
Annotations
Textual amendments
- F1
Ss. 56–59 repealed (E.W.) by Child Care Act 1980 (c. 5, SIF 20), s. 89, Sch. 6
Modifications
- C1
The text of ss. 56–59, 72 and 93 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.