Local authority contribution to child’s maintenance
SCHEDULE 1 Financial Provision for Children
15 (1) Where a child lives, or is to live, with a person as the result of a [F1176child arrangements orderF1176] , a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child.
(2) Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife [F1177or civil partnerF1177] of a parent of the child.
16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.
Defined in Sch.1 para.16(1) · see it in the full Act“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;
Defined in s.105(1) · see it in the full Act"child arrangements order " means an order regulating arrangements relating to any of the following—
with whom a child is to live, spend time or otherwise have contact, and
when a child is to live, spend time or otherwise have contact with any person;
“child arrangements order” has the meaning given by section 8(1);
Defined in s.105(1) · see it in the full Act“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;
Defined in s.105(1) · see it in the full Act(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—
(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and
(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;
Defined in Sch.1 para.16(2) · see it in the full Act21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).
Defined in Sch.3 para.21 · see it in the full ActThe provision was applied to identify the form of allowance payable by the Royal Borough during the period between the residence order and the special guardianship order. The allowance was a residence order allowance. (see paras [7], [38])
Interprets the residence-order allowance power as discretionary. The provision permits, but does not require, a local authority to contribute towards accommodation and maintenance costs where a child lives with a non-parent under a residence order (see paras [2]–[5]).
Paragraph 15 was used to identify the broader property-settlement relief that would have been available if the children had returned to England and Wales. The court used this to contrast the remedies available in the two jurisdictions. (see para [4])
What each judgment says about Schedule 1, paragraph 15 is in the case-law panel in the full Act.