ABSTRACT
The same rules apply in relation to the leave procedure where an applicant who seeks to vary or discharge a s 8 order.
Where the child is in care
In spite of promoting an open door policy in respect of s 8 orders, s 9 of the Children Act 1989 imposes important restrictions on children who are being looked after by local authorities:
• where the child is in care, the only s 8 order that can be made is a residence order (s 9(1));
• an application for a residence or contact order may not be made by a local authority (s 9(2));
• a person who has been a local authority foster parent of a child within the last six months may not apply for leave unless he or she has the local authority’s consent or he is a relative of the child or the child has lived with him for three out of the last five years.
