CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 264 Application for variation and revocation of orders

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 264

(1)     A person may, with the leave of the court, apply to the court for the variation or revocation of a final care and protection order on the ground that—

        (a)     the child or young person is no longer in need of care and protection; or

        (b)     the order made by the court does not secure—

              (i)     the care and protection of the child or young person; or

              (ii)     proper arrangements in existence for the care and protection of the child or young person.

(2)     The court may not grant leave to someone to apply under subsection (1) on more than 1 occasion in a 12 month period unless satisfied that there are exceptionable circumstances that justify doing so.

(3)     The court must grant leave to apply to someone who was a party to the proceeding in which the final care and protection order sought to be varied was made unless subsection (2) prevents it from doing so.

(3)     An application for a variation must specify—

        (a)     the provision sought to be varied; and

        (b)     the nature of the proposed variation.

(4)     On application under subsection (1), the court must list the application so that there is a directions hearing in relation to it within 5 working days after the day the application is filed.

(5)     At a directions hearing in relation to an application under subsection (1), the court—

        (a)     must deal with the application in the same way as it would deal with an application for a final care and protection order at a directions hearing; and

        (b)     may take any action in relation to the application that it could take if the application were an application for a final care and protection order.