Commentary on Sections Part 6 - Looked after and Accommodated Children Section 124 - Arrangements to assist children to live outside England and Wales
352.Section 124 provides that a local authority may only arrange for a child in its care to live outside England or Wales with the approval of the court.
353.Subsection (3) makes provision about the considerations which a court should have in mind before making a determination under subsection (1).
354.Subsections (4) and (5) contain provision to deal with situations where a court may dispense with consent required under subsection (3), such as where it is satisfied that a child does not have sufficient understanding to give or withhold their consent.
355.Section 124 also makes provision as to the effect of the court’s approval during an appeal period and disapplying the section to circumstances in which a local authority is placing a child for adoption with his or her prospective adopters.
356.This section is based on provision made in paragraph 19 of Schedule 2 to the Children Act 1989.