Children Act 1989

The Children Act 1989 is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the purposes of devolution, the Act was replaced by parallel legislation in Scotland and Northern Ireland. In 2016, Part III of the Act was replaced in Wales.
The Act is described as the most substantial reforms to children's law of the 20th century.
The Act allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies.

Passage

The Children Bill was announced as part of the Queen's Speech on 22 November 1988 and formally introduced to the House of Lords the following day by the Lord Chancellor, Lord Mackay of Clashfern. The Bill was given its second reading in the Lords on 6 December, and was passed to the committee stage on 13 December. Committee debates were held on 19 and 20 December and 23 January 1989. It reached the report stage on 2 February, with debates on 6, 7 and 16 February. On 16 March the Bill was given its third reading in the Lords before being passed to the House of Commons.
The Bill was given its second reading in the Commons on 27 April. It was granted Royal Assent on 16 November 1989 and became an Act.

Part I: Introductory

Welfare of the child

The Children Act 1989 states that the court's primary concern is the child's welfare. It also specifies that any delays in the system processes will have a detrimental impact on a child's welfare. The court should take into account the child's wishes; physical, emotional and educational needs; age; sex; background circumstances; the likely effect of change on the child; the harm the child has suffered or is likely to suffer; parent's ability to meet the child's needs and the powers available to the court.

Parental responsibility

Parental responsibility is defined in the Act as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". If the child's parents are married both have parental responsibility; if they are unmarried, the father does not automatically have parental responsibility however. A father of a child, who was not married to the mother at the time of birth may apply to the courts for parental responsibility, or this may be done through mutual agreement between the mother and father. The Act specifies that more than one person can have parental responsibility, although they can act alone in decision making for the child.
If a child does not have anyone to care for them with parental responsibility a guardian can be appointed by the court. That appointment can be overturned on application of the parent with parental responsibility, by the child or in family proceedings.

Section 7 reports

Under Section 7 of the Act, the court can request CAFCASS or local authorities to provide reports to the court in respect of the welfare of the child.

Part II: Orders with respect to children in family proceedings

Residence, contact, prohibited steps, and specific issue orders

Section 8 of the Children Act 1989 outlines the orders which can be issued by the court. A "contact order" outlines the requirements, of the person the child resides with, to allow contact with another person. A "prohibited steps order" prevents a parent from exercising their full parental responsibility without consent of the court. A "residence order" puts in place the arrangements for whom a child should live with. A "specific issue order" relates to directions given from the court to address a query that has arisen regarding parental responsibility for a child.
Section 8 orders cannot be made in regards to children who are looked after; with the exception of the residence order.
When an application is made to the court for a section 8 order the court takes into account: the nature of the proposed application; the connection the person has to the child; the disruption that could be caused to the child and, if the child is being looked after by the local authority: the local authorities plans for the child's future and the wishes of the child's parents.
A person who gains a residence order for a child will hold parental responsibility for the time the order is in place. Despite this, the Act forbids anyone to change the child's surname or remove them from the United Kingdom without permission from all those with parental responsibility or with express permission from the court.
Under section 63 of the Magistrates' Courts Act 1980 the court has powers to punish those who do not abide by the ruling set out in the residence order.
Applications for section 8 orders are now regulated by the Child Arrangements Programme.

Family assistance orders

The court has the power to issue a family assistance order in which a probation officer or local authority officer should be available to "advise, assist and befriend any person named in the order".

Part III: Local authority support for children and families

Children in need

Each local authority has a duty to "safeguard and promote the welfare" of children who are assessed as being in need. A child is deemed as "in need" if they are disabled or unlikely to achieve a reasonable standard of health or development unless services are provided. The local authority has a duty to provide or facilitate others to provide services for children in need. The local authority must provide day care for children in need who are under the age of five and not attending school if appropriate. There should also be provisions for out-of-school hours activities.

Accommodation and looking after children

Under section 20 of the Act local authorities must provide accommodation for any child in need who has no-one with parental responsibility to care for them. This may also be extended to children that have a parent available if it is deemed that by staying with them it would put the child at risk. A child who is in the care of a local authority or provided with accommodation for more than 24 hours is referred to as a "looked after child".
A community home placement may be deemed necessary for persons between the ages of 16 and 18 to promote their welfare and safety.
The Act specifies the need to give consideration to children's views when deciding where to accommodate them. Persons with parental responsibility should also be consulted, and if they object the child cannot be accommodated under Section 20 of this Act. The parent can also remove the child from the accommodation provided at any time.
Accommodation must also be provided when requested in the case of police protection orders or for children on remand or supervision orders that require them to be accommodated.
The local authority has a duty to safeguard and promote the welfare of the children in its care. The child, parents and other relevant people should be consulted in the decision-making process regarding a child being taken into care and during their time under local authority care. Consideration should also be given to the child's age, understanding, religion, race, culture and linguistic background.
Sibling groups should be placed together and should be accommodated near their home if possible.
Looked after children should not be placed in accommodation that restricts their liberty unless they have a history or are likely to abscond and are at risk of suffering significant harm or are likely to cause harm to themselves or others. For a court to make a decision regarding placing a child in secure accommodation it must be satisfied that the child has legal representation or has been fully informed about how to access legal aid.

Children leaving care

Children leaving care should be given advice and assistance from the local authority; this may involve giving assistance in kind or in exceptional circumstances in cash. They may also contribute to the expenses incurred by the young person regarding employment, training or education.

Reviewing cases

Section 26 of the Act outlines the obligation of the local authority to review cases regularly and they should have a complaints procedure available to the children they are caring for.

Multi-agency working

Local authorities also have a duty to communicate and share information with other agencies if it complies with their own statutory obligations.
The local authority must consult with educational authorities when a child becomes looked after and ensure they are informed of the educational arrangements for the child.

Payment for services

A fee may apply to services provided under Sections 17 and 18 of the Act to the parents of the child, the young person if over the age of 16, or to a family member. But the local authority should only charge them if it is reasonable to assume they can pay for the service.

Part IV: Care and supervision

Care and supervision orders

A care or supervision order may be granted by the court if a child is or is likely to suffer significant harm if they are not placed into local authority care. This also includes children who are "beyond parental control". The court may grant a care order in place of a supervision order if they believe it is more appropriate or vice versa.
If, during family court the court has concerns for a child's welfare, they can direct the local authority to investigate. The local authority can then decide if they are going to apply for a care order or supervision order. If they decided not to take any legal action, they must explain to the court their reasons for doing so.
Applications for care and supervision orders are regulated by the Public Law Outline.