Restrictions on section 8 orders CA 1989 s. 9
CA 1989 s. 9 bars local authority applications for section 8 orders, restricts orders for children in care, and limits orders for children aged sixteen.
No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies , with respect to a child who is in the care of a local authority. No application may be made by a local authority for a child arrangements order and no court shall make such an order in favour of a local authority. A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless— he has the consent of the authority; he is a relative of the child; or the child has lived with him for at least one year preceding the application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No court shall exercise its powers to make a specific issue order or prohibited steps order— with a view to achieving a result which could be achieved by making a child arrangements order or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) ; or in any way which is denied to the High Court (by section 100(2 in the exercise of its inherent jurisdiction with respect to children. No court shall make a section 8 order which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional. Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies. This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following— with whom the child concerned is to live, and when the child is to live with any person. No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 9 places restrictions on making section 8 orders, which include child arrangements orders, specific issue orders, and prohibited steps orders. A court cannot make a section 8 order for a child in local authority care, except for certain child arrangements orders regulating living arrangements. Local authorities are prohibited from applying for or receiving child arrangements orders.
A person who is or was a local authority foster parent within the last six months cannot apply for leave to seek a section 8 order unless they have authority consent, are a relative of the child, or the child lived with them for at least one year before the application. Courts also cannot use specific issue or prohibited steps orders to achieve outcomes obtainable under child arrangements orders, section 51A of the Adoption and Children Act 2002, or High Court inherent jurisdiction limits under section 100(2).
Courts generally cannot make section 8 orders that extend past or are made after a child reaches the age of sixteen unless the circumstances are exceptional. However, this restriction on duration does not apply to child arrangements orders that deal solely with whom a child is to live or when a child is to live with any person.
When it applies
- A local authority foster parent who has cared for a child for one year applying for a section 8 child arrangements order.
- A relative seeking a section 8 order regarding a child who was in foster care within the last six months.
- A parent applying for a child arrangements order specifying living arrangements for a child who is aged sixteen.
- A local council attempting to apply for a child arrangements order in its own favour.
What this section does not say
- A local authority applying for a care order or supervision order under Part IV of the Children Act.
- Claims for financial support from the Secretary of State for children, governed by section 82.
- Arrangements for children accommodated by health or education authorities, governed by section 85.
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This page reproduces the text of CA 1989 s. 9 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.