OpenLegislation

Section 61 Duties of voluntary organisations.I1C1

(1)

Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation—

(a)

to safeguard and promote his welfare;

(b)

to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and

(c)

to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated.

(2)

Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of—

C2(a)

the child;

C3C4(b)

his parents;

C5(c)

any person who is not a parent of his but who has parental responsibility for him; and

(d)

any other person whose wishes and feelings the organisation consider to be relevant,

regarding the matter to be decided.

(3)

In making any such decision the organisation shall give due consideration—

(a)

having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain;

(b)

to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and

(c)

to the child’s religious persuasion, racial origin and cultural and linguistic background.

Annotations

Modifications

C1

S. 61: power to apply conferred (7.2.2004 for W. and 7.12.2004 for E.) by 2002 c. 38, ss. 53(3)(a), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C2

S. 61(2)(a) applied (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(a)

S. 61(2)(a) applied (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(a)

C3

S. 61(2)(b)-(d)(3)(b): power to apply with modifications or exclude conferred (7.2.2004 for W. and 7.12.2004 for E) by 2002 c. 38, ss. 53(3)(b), 148 (with Sch. 4 paras. 6-8); S.I. 2004/252, art. 2(b); S.I. 2004/3203, art. 2(1)(h)

C4

S. 61(2)(b) excluded (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(b)

S. 61(2)(b) excluded (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(b)

C5

S. 61(2)(c) applied (with modifications) (30.12.2005) (E.) by The Adoption Agencies Regulations 2005 (S.I. 2005/389), art. 45(4)(c)

S. 61(2)(c) applied (with modifications) (30.12.2005) (W.) by The Adoption Agencies (Wales) Regulations 2005 (S.I. 2005/1313), art. 46(4)(c)

Commencement

I1

S. 61 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)