23NE.—(1) Where a special care order or an interim special care order has effect and the F165[Child and Family Agency] is satisfied that there is reasonable cause to believe that—

(a) the care requirements of the child have changed and the child no longer requires special care, or

(b) the child is not benefiting from special care,

the F165[Child and Family Agency] shall, subject to subsection (6), apply to the High Court to have the special care order or the interim special care order discharged.

(2) A special care order or an interim special care order shall cease to have effect when the child in respect of whom it was made attains 18 years of age.

(3) The High Court may, subject to subsections (7) and (8), discharge a special care order or an interim special care order—

(a) of its own motion,

(b) on the application of a parent of the child, a guardian of the child or a person in loco parentis, or

(c) on the application of the F165[Child and Family Agency] pursuant to section 23D or 23E, or both of them.

(4) The High Court may vary a special care order or an interim special care order—

(a) of its own motion,

(b) on the application of the F165[Child and Family Agency], or

(c) on the application of a person referred to in subsection (3)(b).

(5) When considering an application to discharge or vary a special care order or an interim special care order under this section, other than an application referred to in subsection (3)(c), the High Court shall satisfy itself that the discharge or variation is in the best interests of the child, having regard to his or her behaviour and the risk of harm it poses to his or her life, health, safety, development or welfare.

(6) An application referred to in subsection (1), (3)(c) or (4)(b) shall, subject to a direction under section 23NA(2)(a), be made on notice to the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1) and where—

(a) a direction has been made under section 23NA(2)(b), the F165[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) the F165[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2) of the application.

(7) An application referred to in subsection (3)(a) or (4)(a) shall, subject to a direction under section 23NA(2)(a), be made on notice to the F165[Child and Family Agency] and the persons referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and—

(a) where a direction has been made under section 23NA(2)(b), the F165[Child and Family Agency] shall inform the person in respect of whom that direction was made of the application, and

(b) where the F165[Child and Family Agency] is satisfied it is appropriate to the circumstances of the child, it may inform a person referred to in section 23G(2).

(8) An application referred to in subsection (3)(b) or (4)(c) shall be made on notice to the F165[Child and Family Agency], and subject to a direction under section 23NA(2)(a), the persons, other than the person making the application, referred to in, and in accordance with, paragraphs (a) to (c) of section 23G(1), and—

(a) the person making the application may inform a person referred to in section 23G(2) of the application, and

(b) where a direction has been made under section 23NA(2)(b), the person making the application shall inform the person in respect of whom that direction was made of that application.]