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Public Health Act 1936

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212Removal of foster children kept in unsuitable premises, or by unsuitable persons.

(1)If a foster child is about to be received, or is being kept—

(a)in any premises which are overcrowded, insanitary or dangerous; or

(b)by any person who, by reason of old age, infirmity, ill health, ignorance, negligence, inebriety, immorality or criminal conduct, or for any other reason, is unfit to have care of the child; or

(c)in any premises, or by any person, in contravention of any of the provisions of this Part of this Act; or

(d)in an environment which is detrimental to the child,

a court of summary jurisdiction may, on the application of the welfare authority, make an order for the removal of the child to a place of safety until he can be restored to his relatives, or until other arrangements can be made with respect to him; and, upon proof that there is imminent danger to the health or well-being of the child concerned, a justice (acting, if he deems it necessary, ex parte) may exercise the like power on the application of a visitor, or other person appointed or authorised to execute the provisions of this Part of this Act.

(2)An order made under the foregoing subsection may be enforced by a visitor or other person appointed or authorised as aforesaid; and any person who refuses to comply with such an order upon its being produced, or who obstructs any such visitor or person as aforesaid in the enforcement of the order, shall be guilty of an offence.

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