Children Act 1989
Children Act 1989 (1989 c. 41)
- Children Act 1989 (1989 c. 41)
- Part I Introductory
- 1 Welfare of the child.
- 2 Parental responsibility for children.
- 3 Meaning of “parental responsibility”.
- 4 Acquisition of parental responsibility by father.
- 4ZA Acquisition of parental responsibility by second female parent
- 4A Acquisition of parental responsibility by step-parent
- 5 Appointment of guardians.
- 6 Guardians: revocation and disclaimer.
- 7 Welfare reports.
- Part II Orders With Respect To Children In Family Proceedings
- General
- 8 Child arrangements orders and other orders with respect to children.
- 9 Restrictions on making section 8 orders.
- 10 Power of court to make section 8 orders.
- 11 General principles and supplementary provisions.
- 11A ... Activity directions
- 11B ... Activity directions: further provision
- 11C ... Activity conditions
- 11D ... Activity conditions: further provision
- 11E ...Activity directions and conditions: making
- 11F ... Activity directions and conditions: financial assistance
- 11G ... Activity directions and conditions: monitoring
- 11H Monitoring contact and shared residence
- 11I Child arrangements orders: warning notices
- 11J Enforcement orders
- 11K Enforcement orders: further provision
- 11L Enforcement orders: making
- 11M Enforcement orders: monitoring
- 11N Enforcement orders: warning notices
- 11O Compensation for financial loss
- 11P Orders under section 11O(2): further provision
- 12 Child arrangements orders and parental responsibility.
- 13 Change of child’s name or removal from jurisdiction.
- 14 Enforcement of residence orders.
- Special guardianship
- 14A Special guardianship orders
- 14B Special guardianship orders: making
- 14C Special guardianship orders: effect
- 14D Special guardianship orders: variation and discharge
- 14E Special guardianship orders: supplementary
- 14F Special guardianship support services
- 14G Special guardianship support services: representations
- Financial relief
- 15 Orders for financial relief with respect to children.
- Family assistance orders
- 16 Family assistance orders.
- 16A Risk assessments
- Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
- Application to local authorities in England
- 16B. Application to local authorities in England
- Provision of services for children and their families
- 17 Provision of services for children in need, their families and others.
- 17ZA Young carers' needs assessments ...
- 17ZB Young carers' needs assessments: supplementary
- 17ZC Consideration of young carers' needs assessments
- 17ZD Parent carers' needs assessments ...
- 17ZE Parent carers' needs assessments: supplementary
- 17ZF Consideration of parent carers' needs assessments
- 17ZG Section 17 services: continued provision where EHC plan maintained
- 17ZH Section 17 services: transition for children to adult care and support
- 17ZI Section 17 services: provision after EHC plan no longer maintained
- 17A Direct payments
- 17B Vouchers for persons with parental responsibility for disabled children : Wales.
- 18 Day care for pre-school and other children.
- 19 Review of provision for day care, child minding etc.
- Provision of accommodation for children
- 20 Provision of accommodation for children: general.
- 21 Provision of accommodation for children in police protection or detention or on remand, etc.
- Duties of local authorities in relation to children looked after by them
- 22 General duty of local authority in relation to children looked after by them.
- 23 Provision of accommodation and maintenance by local authority for children whom they are looking after.
- 22A Provision of accommodation for children in care
- 22B Maintenance of looked after children
- 22C Ways in which looked after children are to be accommodated and maintained
- 22D Review of child's case before making alternative arrangements for accommodation
- 22E. Children’s homes provided by Secretary of State or Welsh Ministers
- 22F Regulations as to children looked after by local authorities
- 22G General duty of local authority to secure sufficient accommodation for looked after children
- Information: children in kinship care and their carers
- 22H Kinship care: information
- 22I Section 22H: interpretation
- Accommodation of looked after children: regional co-operation arrangements
- 22J Accommodation of looked after children: regional co-operation arrangements
- Educational achievement of previously looked after children
- 23ZZA Information and advice for promoting educational achievement
- Visiting
- 23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others
- 23ZB Independent visitors for children looked after by a local authority
- Advice and assistance for certain children and young persons
- 23A The responsible authority and relevant children.
- 23B Additional functions of the responsible authority in respect of relevant children.
- 23C Continuing functions in respect of former relevant children.
- 23CZA Arrangements for certain former relevant children to continue to live with former foster parents
- 23CZB England: further advice and support
- 23CA Further assistance to pursue education or training
- Personal advisers and pathway plans
- 23D Personal advisers.
- 23E Pathway plans.
- 24 Persons qualifying for advice and assistance.
- 24A Advice and assistance.
- 24B Employment, education and training.
- 24C Information.
- 24D Representations: sections 23A to 24B.
- Secure accommodation
- 25 Use of accommodation for restricting liberty.
- Independent reviewing officers
- 25A Appointment of independent reviewing officer
- 25B Functions of the independent reviewing officer
- 25C Referred cases
- 26 Review of cases and inquiries into representations.
- 26ZA Representations: further consideration
- 26ZB Representations: further consideration (Wales)
- 26A Advocacy services
- 27 Co-operation between authorities.
- 28 Consultation with local education authorities.
- 29 Recoupment of cost of providing services etc.
- 30 Miscellaneous.
- 30A Meaning of appropriate national authority
- Part IV Care and Supervision
- General
- 31 Care and Supervision
- 31ZA Family group decision-making
- 31A Care orders: care plans
- 32 Period within which application for order under this Part must be disposed of.
- Care orders
- 33 Effect of care order.
- 34 Parental contact etc. with children in care.
- Supervision orders
- 35 Supervision orders.
- 36 Education supervision orders.
- Powers of court
- 37 Powers of court in certain family proceedings.
- 38 Interim orders.
- 38A Power to include exclusion requirement in interim care order.
- 38B Undertakings relating to interim care orders.
- 39 Discharge and variation etc. of care orders and supervision orders.
- 40 Orders pending appeals in cases about care or supervision orders.
- Guardians ad litem
- 41 Representation of child
- 42 Right of officer of the Service to have access to local authority records
- Part V Protection of Children
- 43 Child assessment orders.
- 44 Orders for emergency protection of children.
- 44A Power to include exclusion requirement in emergency protection order.
- 44B Undertakings relating to emergency protection orders.
- 45 Duration of emergency protection orders and other supplemental provisions.
- 46 Removal and accommodation of children by police in cases of emergency.
- 47 Local authority’s duty to investigate.
- 48 Powers to assist in discovery of children who may be in need of emergency protection.
- 49 Abduction of children in care etc.
- 50 Recovery of abducted children etc.
- 51 Refuges for children at risk.
- 52 Rules and regulations.
- Part VI Community Homes
- 53 Provision of community homes by local authorities.
- 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 55 Determination of disputes relating to controlled and assisted community homes.
- 56 Discontinuance by voluntary organisation of controlled or assisted community home.
- 57 Closure by local authority of controlled or assisted community home.
- 58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
- Part VII Voluntary Homes and Voluntary Organisations
- 59 ` Provision of accommodation by voluntary organisations.
- 60 Voluntary homes.
- 61 Duties of voluntary organisations.
- 62 Duties of local authorities.
- Part VIII Registered Children’s Homes
- 63 Private children’s homes etc.
- 64 Welfare of children in children’s homes.
- 65 2 Persons disqualified from carrying on, or being employed in children’s homes.
- 65A Appeal against refusal of authority to give consent under section 65.
- PART IX PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
- 66 Privately fostered children.
- 67 Welfare of privately fostered children.
- 68 Persons disqualified from being private foster parents.
- 69 Power to prohibit private fostering.
- 70 Offences.
- Part X Child Minding and Day Care for Young Children
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- Part XA Child Minding and Day Care for Children in . . . Wales
- Introductory
- 79A Child minders and day care providers.
- 79B Other definitions, etc.
- Regulations
- 79C Regulations etc. governing child minders and day care providers.
- Registration
- 79D Requirement to register.
- 79E Applications for registration.
- 79F Grant or refusal of registration.
- 79G Cancellation of registration.
- 79H Suspension of registration.
- 79J Resignation of registration.
- 79K Protection of children in an emergency.
- 79L Notice of intention to take steps.
- 79M Appeals.
- Inspection: England
- 79N General functions of the Chief Inspector.
- 79P Early years child care inspectorate.
- 79Q Inspection of provision of child minding and day care in England.
- 79R Reports of inspections.
- Inspection: Wales
- 79S General functions of the Assembly.
- 79T Inspection: Wales.
- Supplementary
- 79U Rights of entry etc.
- 79V Function of local authorities.
- Checks on suitability of persons working with children over the age of seven
- 79W Requirement for certificate of suitability.
- Time limit for proceedings
- 79X Time limit for proceedings.
- Part XI Secretary of State’s Supervisory Functions and Responsibilities
- 80 Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.
- 81 Inquiries.
- 82 Financial support by Secretary of State.
- 83 Research and returns of information.
- 84 Local authority failure to comply with statutory duty: default power of Secretary of State.
- Part XII Miscellaneous and General
- Notification of children accommodated in certain establishments
- 85 Children accommodated by health authorities and local education authorities.
- 86 Children accommodated in care homes or independent hospitals.
- 86A Visitors for children notified to local authority ...
- 87 Welfare of children in boarding schools and colleges.
- 87A Suspension of duty under section 87(3).
- 87B Duties of inspectors under section 87A.
- 87BA Quality assurance of inspectors under section 87A
- 87BB Information sharing between the Chief Inspector for England and section 87A inspectors
- 87C Boarding schools: national minimum standards.
- 87D Annual fee for boarding school inspections.
- Adoption
- 88 Amendments of adoption legislation.
- Paternity tests
- 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Criminal care and supervision orders
- 90 Care and supervision orders in criminal proceedings.
- Effect and duration of orders etc.
- 91 Effect and duration of orders etc.
- 91A Section 91(14) orders: further provision
- Jurisdiction and procedure etc.
- 92 Jurisdiction of courts.
- 93 Rules of court.
- 94 Appeals.
- 95 Attendance of child at hearing under Part IV or V.
- 96 Evidence given by, or with respect to, children.
- 97 Privacy for children involved in certain proceedings.
- 98 Self-incrimination.
- 99 .
- 100 Restrictions on use of wardship jurisdiction.
- 101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
- Search warrants
- 102 Power of constable to assist in exercise of certain powers to search for children or inspect premises.
- General
- 103 Offences by bodies corporate.
- 104 Regulations and orders.
- 104A. Regulations made by the Welsh Ministers under section 31A or Part 7
- 105 Interpretation.
- 106 Financial provisions.
- 107 Application to Channel Islands.
- 108 Short title, commencement extent etc.
- SCHEDULES
- SCHEDULE A1 Enforcement orders
- PART 1 Unpaid work requirement
- The responsible officer etc
- Obligations of responsible officer
- Enforcement order to specify relevant person's home local justice area
- Requirement and obligation of relevant person
- Number of hours of unpaid work to be specified in order
- Duty to keep in touch with responsible officer
- Rules relating to enforcement orders
- Part 2 Revocation, amendment or breach of enforcement order
- Power to revoke
- Amendment by reason of change of residence
- Amendment of hours specified under unpaid work requirement
- ...
- Warning and report following breach
- Breach of an enforcement order
- Provision relating to amendment of enforcement orders
- SCHEDULE 1 Financial Provision for Children
- Orders for financial relief against parents
- Orders for financial relief for persons over eighteen
- Duration of orders for financial relief
- Matters to which court is to have regard in making orders for financial relief
- Provisions relating to lump sums
- Variation etc. of orders for periodical payments
- Variation of orders for periodical payments etc. made by magistrates’ courts
- Variation of orders for secured periodical payments after death of parent
- Financial relief under other enactments
- Interim orders
- Alteration of maintenance agreements
- Enforcement of orders for maintenance
- Direction for settlement of instrument by conveyancing counsel
- Jurisdiction ...
- Local authority contribution to child’s maintenance
- Interpretation
- SCHEDULE 2 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
- Application to local authorities in England
- Part I Provision of Services for Families
- Identification of children in need and provision of information
- Children’s services plans
- Maintenance of a register of disabled children
- Assessment of children’s needs
- Prevention of neglect and abuse
- Provision of accommodation in order to protect child
- Provision for disabled children
- Provision to reduce need for care proceedings etc.
- Provision for children living with their families
- Provision for accommodated children
- Family centres
- Maintenance of the family home
- Duty to consider racial groups to which children in need belong
- Part II Children Looked After By Local Authorities in England
- Regulations as to placing of children with local authority foster parents
- Regulations as to arrangements under section 23(2)(f)
- Regulations as to conditions under which child in care is allowed to live with parent, etc.
- Regulations as to conditions under which child in care is allowed to live with parent, etc
- Regulations as to placements of a kind specified in section 22C(6)(d)
- Placements out of area
- Avoidance of disruption in education
- Regulations as to placing of children with local authority foster parents
- Promotion and maintenance of contact between child and family
- Visits to or by children: expenses
- Appointment of visitor for child who is not being visited
- Power to guarantee apprenticeship deeds etc.
- Arrangements to assist children to live abroad
- Preparation for ceasing to be looked after
- Preparation for ceasing to be looked after: staying put arrangements
- Death of children being looked after by local authorities
- Part III Contributions Towards Maintenance of Children Looked After by Local Authorities in England
- Liability to contribute
- Agreed contributions
- Contribution orders
- Enforcement of contribution orders etc.
- Regulations
- SCHEDULE 3 Supervision Orders
- Part I General
- Meaning of “responsible person"
- Power of supervisor to give directions to supervised child
- Imposition of obligations on responsible person
- Psychiatric and medical examinations
- Psychiatric and medical treatment
- Part II Miscellaneous
- Life of supervision order
- Limited life of directions
- Information to be given to supervisor etc.
- Selection of supervisor
- Effect of supervision order on earlier orders
- Local authority functions and expenditure
- Part III Education supervision orders
- Effect of orders
- Effect where child also subject to supervision order
- Duration of orders
- Information to be given to supervisor etc.
- Discharge of orders
- Offences
- Persistent failure of child to comply with directions
- Miscellaneous
- Interpretation
- SCHEDULE 4 Management and Conduct of Community Homes
- Part I Instruments of Management
- Instruments of management for controlled and assisted community homes
- Part II Management of Controlled and Assisted Community Homes
- Part III Regulations
- SCHEDULE 5 Voluntary Homes and Voluntary Organisations
- Part I Registration of Voluntary Homes
- General
- Procedure
- Right to make representations
- Decision of Secretary of State
- Appeals
- Notification of particulars with respect to voluntary homes
- Part II Regulations as to Voluntary Homes
- Regulations as to conduct of voluntary homes
- Disqualification
- SCHEDULE 6 Private Children’s Homes
- Part I Registration
- Application for registration
- Conditions imposed on registration
- Annual review of registration
- Cancellation of registration
- Procedure
- Right to make representations
- Decision of local authority
- Appeals
- Prohibition on further applications
- Part II Regulations
- SCHEDULE 7 Foster Parents: Limits on Number of Foster Children
- Interpretation
- The usual fostering limit
- Siblings
- Exemption by local authority
- Effect of exceeding fostering limit
- Complaints etc.
- SCHEDULE 8 Privately Fostered Children
- Exemptions
- Power of local authority to impose requirements
- Regulations requiring notification of fostering etc.
- Appeals
- Extension of Part IX to certain school children during holidays
- Prohibition of advertisements relating to fostering
- Avoidance of insurances on lives of privately fostered children
- Applications for registration
- Disqualification from registration
- Exemption of certain schools
- Exemption for other establishments
- Exemption for occasional facilities
- Certificates of registration
- Fees for annual inspection of premises
- Co-operation between authorities
- SCHEDULE 9A Child Minding and Day Care for Young Children in Wales
- Exemption of certain schools
- Exemption for other establishments
- Exemption for occasional facilities
- Disqualification for registration
- Provision of day care: unincorporated associations
- Certificates of registration
- ... Fees
- Co-operation between authorities
- SCHEDULE 10 Amendments of Adoption Legislation
- Part I Amendments of Adoption Act 1976 (c. 36)
- Part II Amendments of Adoption (Scotland) Act 1978 (c. 28)
- SCHEDULE 11 Jurisdiction
- Part I General
- Commencement of proceedings
- Transfer of proceedings
- Hearings by single justice
- General
- Part II Consequential Amendments
- The Administration of Justice Act 1964 (c. 42)
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
- The Justices of the Peace Act 1979 (c. 55)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Senior Courts Act 1981 (c. 54)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- The Insolvency Act 1986 (c. 45)
- SCHEDULE 12 Minor Amendments
- The Custody of Children Act 1891 (c. 3)
- The Children and Young Persons Act 1933 (c. 12)
- The Education Act 1944 (c. 31)
- The Marriage Act 1949 (c. 76)
- The Births and Deaths Registration Act 1953 (c. 20)
- The Army Act 1955 (c. 18)
- The Air Force Act 1955 (c. 19)
- The Sexual Offences Act 1956 (c. 69)
- The Naval Discipline Act 1957 (c. 53)
- The Children and Young Persons Act 1963 (c. 37)
- The Children and Young Persons Act 1969 (c. 54)
- The Matrimonial Causes Act 1973 (c. 18)
- The National Health Service Act 1977 (c. 49)
- The Child Care Act 1980 (c. 5)
- The Education Act 1981 (c. 60)
- The Child Abduction Act 1984 (c. 37)
- The Foster Children (Scotland) Act 1984 (c. 56)
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- The Legal Aid Act 1988 (c. 34)
- SCHEDULE 13 Consequential Amendments
- The Wills Act 1837 (c. 26)
- The Children and Young Persons Act 1933 (c. 12)
- The Education Act 1944 (c. 31)
- The National Assistance Act 1948 (c. 29)
- The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
- The Mines and Quarries Act 1954 (c. 70)
- The Administration of Justice Act 1960 (c. 65)
- The Factories Act 1961 (c. 34)
- The Criminal Justice Act 1967 (c. 80)
- The Health Services and Public Health Act 1968 (c. 46)
- The Social Work (Scotland) Act 1968 (c. 49)
- The Civil Evidence Act 1968 (c. 64)
- The Administration of Justice Act 1970 (c. 31)
- The Local Authority Social Services Act 1970 (c. 42)
- The Chronically Sick and Disabled Persons Act 1970 (c. 44)
- The Courts Act 1971 (c. 23)
- The Attachment of Earnings Act 1971 (c. 32)
- The Tribunals and Inquiries Act 1971 (c. 62)
- The Local Government Act 1972 (c. 70)
- The Employment of Children Act 1973 (c. 24)
- The Domicile and Matrimonial Proceedings Act 1973 (c. 45)
- The Powers of Criminal Courts Act 1973 (c. 62)
- The Rehabilitation of Offenders Act 1974 (c. 53)
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Senior Courts Act 1981 (c. 54)
- The Armed Forces Act 1981 (c. 55)
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- The Mental Health Act 1983 (c. 20)
- The Registered Homes Act 1984 (c. 23)
- The Mental Health (Scotland) Act 1984 (c. 36)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- The Police and Criminal Evidence Act 1984 (c. 60)
- The Surrogacy Arrangements Act 1985 (c. 49)
- The Child Abduction and Custody Act 1985 (c. 60)
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- The Family Law Act 1986 (c. 55)
- The Local Government Act 1988 (c. 9)
- Amendments of local Acts
- SCHEDULE 14 Transitionals and Savings
- Pending proceedings, etc.
- CUSTODY ORDERS, ETC.
- Cessation of declarations of unfitness, etc.
- The Family Law Reform Act 1987 (c. 42)
- Conversion of orders under section 4
- Orders to which paragraphs 6 to 11 apply
- Parental responsibility of parents
- Persons who are not parents but who have custody or care and control
- Persons who have care and control
- Persons who have access
- Enforcement of certain existing orders
- Discharge of existing orders
- GUARDIANS
- Existing guardians to be guardians under this Act
- Appointment of guardian not yet in effect
- Persons deemed to be appointed as guardians under existing wills
- CHILDREN IN CARE
- Children in compulsory care
- Modifications
- Cessation of wardship where ward in care
- Children placed with parent etc. while in compulsory care
- Orders for access to children in compulsory care
- Children in voluntary care
- Boarded out children
- Children in care to qualify for advice and assistance
- Emigration of children in care
- Contributions for maintenance of children in care
- SUPERVISION ORDERS
- Other supervision orders
- Place of safety orders
- Recovery of children
- Voluntary organisations: Parental rights resolutions
- Foster children
- Nurseries and child minding
- Children accommodated in certain establishments
- Criminal care orders
- MISCELLANEOUS
- Consents under the Marriage Act 1949 (c. 76)
- The Children Act 1975 (c. 72)
- The Child Care Act 1980 (c. 5)
- Legal aid
- SCHEDULE 15 Repeals
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