Children Act 2001

Power to vary day centre order.

119

119.—(1) Where a day centre order is in force in respect of a child the Children Court, on application by the child or his or her parent or guardian or a probation and welfare officer, may vary the order if it appears to it that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made.

(2) An order varying a day centre order may—

( a) vary the day or time specified for the child’s first attendance at the relevant day centre,

( b) if the Court is satisfied that the child proposes to change or has changed his or her residence, substitute for the day centre specified in the day centre order a day centre which the Court is satisfied is reasonably accessible to the child or at which arrangements can be made for the child’s attendance, having regard to the child’s age or sex, the means of access available to him or her and any other relevant circumstances, or

( c) if the Court is satisfied that another day centre is providing a programme of occupation, activity or instruction more suited to the child’s interests, substitute that day centre for the centre specified in the day centre order if the Court is satisfied that the substituted centre is reasonably accessible to the child or it appears to it that arrangements can be made for the child’s attendance at that centre, having regard to his or her age, sex, the means of access available to the child and any other relevant circumstances.

(3) Where the Court is satisfied that the child proposes to change or has changed his or her residence and that there is no day centre reasonably accessible to the child’s new or proposed new residence, the order varying the day centre order shall not require the child to attend at a day centre but shall require him or her to remain under the supervision of a probation and welfare officer for the duration of the day centre order.

(4) Where a day centre order is varied under this section, the Court shall cause certified copies of the order as so varied to be sent to—

( a) the person in charge of the day centre specified in the order and of any day centre substituted for it pursuant to paragraph (b) or (c) of subsection (2),

( b) the probation and welfare officer who is supervising the child, and

( c) the parents or guardian of the child (or, if the child is married, his or her spouse) or, as appropriate, another adult in whose residence the child is residing while the day centre order, as so varied, is in force.

(5) The person in charge of the day centre shall give a copy of the day centre order, as so varied, to the child.

(6) The jurisdiction vested in the Court under this section shall be exercised by the judge for the time being assigned to the district of residence.