4.8.4 Abduction and Recovery of LAC

• Explain that it is open to the parent to apply for a prohibited steps order stating that the child's address is not disclosed.
• Where there is no indication that disclosure of the address will not be in the child's interests, and a prohibited steps order has not been sought, consider making disclosure of the address part of the agreement to accommodate;

Where it is believed that a child who is on an interim or full care order has been abducted (or has run away), the Group Manager decides whether to seek a recovery order. In order to assist in making a decision, seek the advice of Bromley Legal Section. Consider:

• Whether the application should be made ex-parte or inter-partes;
• Whether the order should name premises in which it is believed the child is to be found (in which case a constable may use reasonable force to enter and search the named premises);
• How to ensure the safety of staff executing the order;
• The role to be taken by the police (if any), as abduction of a child in care without authority is a criminal offence;
• Whether the order should specify a person (such as a social worker from Bromley social services, or from another local authority) to execute it.

A recovery order is not time-limited. Its effect is to:

• Operate as a direction to any person who is in a position to do so to produce the child;
• Authorise the removal of the child;
• Requires any person who has information about the child's whereabouts to disclose that information to a constable or officer of the court;
• Authorises a constable to use reasonable force (where necessary) to enter and search premises specified in the order.

The person executing the order must be either:

• A person specified by the court;
• A constable;
• A person authorised by the authority by means of a letter in the format given in the Appendix to these procedures.

• Review the case to identify what steps are necessary to prevent recurrence;
• Consider whether to recommend that the police seek prosecution in relation to any offences that may have been committed.

The following persons are entitled to remove a child from accommodation:

• Where the child is aged 16 or over, no-one without the child's agreement; otherwise
• Where a person has a residence order in respect of the child, that person;
• Where there is no residence order in force, any person with parental responsibility.

Where a person who is not entitled to remove an accommodated child does so, inform the person(s) with parental responsibility immediately. A recovery order is not available in respect of accommodated children. The only actions that can be taken are to:

• Apply for an Emergency Protection Order if there are grounds, with directions for disclosure of information and a warrant under s48(9) of the Children Act 1989 as appropriate; otherwise
• Advise the person with a residence order, or (if no one has a residence order), the person(s) with parental responsibility to apply for an order for the return of the child (they are likely to need legal advice in order to do this).

A child may lawfully be removed from an adoptive placement against the will of the prospective adoptive parents in the following circumstances:

• Prior to an application to adopt, where the child has been placed for adoption by an agency, that agency may remove the child seven days after giving notice of its intention to do so; a person with parental responsibility may remove the child if the child is not subject to a care order or freeing order;
• Prior to an application to adopt, where the child was not placed for adoption by an agency, and written notice of intention to adopt has been given, if the child is looked-after the authority may remove the child seven days after giving notice of its intention to do so; a person with parental responsibility may remove the child if the child is not subject to a care order or freeing order;

After an application to adopt has been made, where the child has lived with an applicant for five years no person may remove the child without leave of the court (this does not apply to the arrest of the child, or removal by virtue of an order under Part V of the Children Act);

• After an application to adopt has been made, in other circumstances, the local authority may not remove the child without leave of the court (unless by virtue of an order under Part V of the Children Act), a person with parental responsibility may remove the child unless they have agreed to the adoption, or the child is subject to a care order or freeing order.

To whom it may concern / name and address

[name of person]: authorisation under the provisions of the Children Act 1989 s50(7)(c) for  recovery of [name of child]

This letter confirms that [name of person] is authorised by Bromley Council Social Services Department to recover [name of child], in accordance with the recovery order made by [name of court] on [date of order].

[name of person] has my authority to return [name of child] to the care of this Council.

On the request of [name of person] you are to produce [name of child].

Intentionally obstructing an authorised person carrying out their duties in respect of a recovery order is an offence under s50(9) of the Children Act 1989.

ASSISTANT DIRECTOR (CHILDREN AND FAMILIES)