Children (Amendment) Act 2015

Amendment of section 207 of Principal Act

22. Section 207 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “Subject to subsection (1A), where a child” for “Where a child”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) In the case of a child aged 18 years or over detained in a children detention school pursuant to section 155, the Director of the school may, if he or she is of opinion that it is appropriate to do so, authorise under subsection (1) the placing out of the child without a requirement for that child to reside with any specified person, but with a requirement that he or she reside in a place specified or approved by the Director, and if the Director so authorises—

(a) subsection (4)(a)(i) shall not apply to the authorisation,

(b) the provisions of subsection (5)(a) relating to the communication of the conditions of the child’s placing out to the person receiving and taking charge of the child shall not apply to the Director, and

(c) subsection (8) shall not apply to the child.

(1B) In forming an opinion under subsection (1A), the Director shall take into account—

(a) the child’s record of behaviour while in detention,

(b) the family circumstances of the child,

(c) the child’s physical, emotional and mental health, and

(d) any other matters affecting the child’s suitability to be the subject of a placing out referred to in subsection (1A) that the Director in his or her discretion considers relevant.”,

and

(c) in subsection (7), by the insertion of the following paragraph after paragraph (a):

“(aa) the child, without reasonable excuse, fails to comply with a requirement under subsection (1A) to reside in a place specified or approved by the Director,”.