Section 32 — Care of Children Act 2004: Notice to be given to chief executive in certain cases before Family Court

32 Notice to be given to chief executive in certain cases before Family Court (1) This section applies when— (a) an application is— (i) made under section 31 to a Family Court; or (ii) removed under section 30(3) to a Family Court; and (b) neither section 30(2) nor section 30(4) applies to the application; and (c) any of the following applies: (i) the application seeks an order appointing the chief executive to be the agent of the Court, either generally or for a particular purpose, in respect of the child who is the subject of the application; or (ii) the application does not seek an order of the kind described in subparagraph (i) , but the Court considers, at any stage of the proceedings, that it is likely to make such an order; or (iii) the child who is the subject of the application is in the custody or under the guardianship or in the care of the chief executive or any other person under the Children, Young Persons, and Their Families Act 1989 ; or (iv) a warrant in respect of the child who is the subject of the application has been issued under any of sections 39 , 40 , 122 , 157(2) , 205(2)(b) , and 386 of that Act. (2) When this section applies,— (a) the Court must give notice of the application to the chief executive; and (b) on receipt of the notice, the chief executive is entitled to appear and be heard on the application. (3) Subsection (2) does not apply if the Court considers that the delay that would be caused by giving notice would or might entail serious injury or undue hardship to the child. (4) If this section applies and the Court makes an interim order without giving notice to the chief executive,— (a) the Court must give notice of the application and the interim order to the chief executive; and (b) on receipt of the notice, the chief executive is entitled to appear and be heard on the matters of the application and the interim order. Compare: 1968 No 63 s 10C