§ Baroness Masham of Ilton
asked Her Majesty's Government:
Who is responsible for the payment of a fine imposed on a juvenile who is subject to a care order: (a) when resident in a children's home or community home; (b) when fostered; (c) when living with parents or relations.
§ Lord Elton
Section 55 of the Children and Young Persons Act 1933 sets out the circumstances in which a court which imposes a fine on a juvenile must or may order the fine to be paid by his parent or guardian. In the case ofIn re Leeds City Council (21st January 1982), this House held in its judicial capacity that a local authority into whose care the juvenile has been received is not a guardian for the purposes of Section 55. Accordingly, while a juvenile in care is resident in a children's home or community home or is boarded out with foster parents, neither the local authority nor his parents can be made responsible for the payment of his fine. The parent or guardian can under Section 55 be ordered to pay a fine imposed on the juvenile in care only if he has charge or control of the juvenile. 123WA A local authority can arrange with a parent, guardian, relative or friend of a juvenile in its care for him to visit them or live with them. The House ruled that it is a question of fact in each case whether such an arrangement constitutes a transfer of the charge and 124WA control of the juvenile from the local authority to the parent or other person.
House adjourned at twelve minutes past eleven o'clock.