5.9.2 marriage / civil partnership of a Looked After Child / Civil Partnership |
SCOPE OF THIS CHAPTER
This procedure applies to 16 and 17 year olds who are Looked After and who wish to marry or enter into a civil partnership. Similar considerations apply where a young person under the age of 18 wishes to enter into a civil partnership.
AMENDMENT
This chapter was amended in February 2012 and should be re-read.
Contents
| 1. | Necessary Consents | |
| 2. | Where a Care Order Exists | |
| 2.1 | The Local Authority’s Consent | |
| 2.2 | Where Consent is Not Given | |
| 3. | Where No Care Order Exists | |
1. Necessary Consents
A marriage / civil partnership between two persons one of whom is under 16 is void. However, the marriage / civil partnership of a child under the age of 16 will be recognised in this country if it has been lawfully solemnised in another jurisdiction.
For a young person who is 16 or 17 to marry or enter into a civil partnership, the consent of appropriate persons are required. If the young person is the subject of a Care Order, the consent of the local authority is required in addition to the consent of each parent with parental responsibility and, if relevant, each guardian or Special Guardians. If the child is a ward of court, irrespective of any other consent required, the leave of the High Court.
Where the necessary consents are not forthcoming, an application can be made to the Court for consent to the marriage / civil partnership.
2. Where a Care Order Exists
2.1 The Local Authority’s Consent
If a young person of 16 or 17 who is the subject of a Care Order expresses a wish to marry or enter into a civil partnership, this should be considered at the Looked After Review.
The Review may recommend that the young person’s wishes should be supported and consent should be given. The Review should also consider at this stage whether and when it may be appropriate to seek a discharge of the Care Order. The social worker should obtain legal advice as to the appropriate steps to be followed.
It will always be necessary to seek the written consent to the marriage / civil partnership of any parent of the child who has Parental Responsibility (PR) and, if relevant, any guardian or Special Guardian unless the child is subject to a Placement Order or is place for adoption, in which case the consent of the perspective adopters is likely to be required.
The social worker should seek the views of the Designated Manager (Marriage / Civil Partnership) on giving consent to the marriage / civil partnership. To do so, the social worker in conjunction with the young person and the Personal Adviser should prepare a written report setting out the circumstances of the proposed marriage / civil partnership, the young person’s representations, the parents’ views, the review’s recommendation and attaching a copy of the relevant written consents (if given), the Care Plan, the Pathway Plan and the minutes of the most recent Looked After Review.
The Designated Manager (Marriage / Civil Partnership) should decide whether the consent of the local authority to the marriage / civil partnership should be given. The decision should be evidenced in writing together with reasons and a copy retained on the young person’s file.
If the relevant consents are given, the marriage / civil partnership can go ahead.
The young person will be an Eligible Young Person and entitled to support under the Leaving Care and Transition Procedure.
2.2 Where Consent is Not Given
Where the necessary consents are not given to the marriage / civil partnership, the social worker and the Personal Adviser should consider with the young person whether s/he wishes to obtain legal advice regarding a possible application to the Court for consent to the marriage / civil partnership.
In such circumstances, the Designated Manager (Marriage / Civil Partnership) should be asked to consider a contribution towards the legal fees if legal aid is not available.
3. Where no Care Order Exists
If a young person of 16 or 17 who is Accommodated expresses a wish to marry or enter into a civil partnership, this should be considered at the Looked After Review even though the formal consent of the local authority is not necessary.
Where the person(s) with PR gives consent, the marriage / civil partnership can go ahead. Whether or not the young person leaves the looked after service at this stage, s/he will be an Eligible or Relevant Young Person and entitled to support under Leaving Care and Transition Procedure.
The Review may recommend that the young person’s wish to marry or enter into a civil partnership should be supported even where the parents’ consent is not given.
In these circumstances, the social worker and Personal Adviser should consider with the young person whether s/he wishes to obtain legal advice regarding a possible application to the Court for consent to the marriage / civil partnership.
If so, the social worker should request the Designated Manager (Marriage / Civil Partnership) to consider a contribution towards the young person’s legal fees if legal aid is not available.
End