Overview of The Children Act 1989

Dr Femi Akerele

Plymouth

What are people’s general understanding / perception of the Act?

Background

• Arose from the need to reform the law with regards to children.

• Need for a ‘simplified & coherent’ body of law

• Unify children services by encouraging partnership btw parents and LA

• Introduce a comprehensive code to resolve either public or private law.

Basic Principles

• The paramountcy of the child’s welfare• No delay principle• The ‘no order’ principle• The welfare checklist

These key principles operate under the concept that1. Children are best looked after by their family

2. Partnership by state and parents to best meet child’s needs

3. Public service co-operation will result in best service provision

Overview

Has over 100 sections and 15 schedules

• Part I – Principles

• Part II – Private law orders (e.g contact)

• Part III – Local Authority support for children

• Part IV- Care and Supervision orders

• Part V – Protection of Children

Parental Responsibility

• Sec 3(1) – “all the rights, duties, powers, responsibilities and authority of which by law a parent of a child has in relation to the child and his property”.

• Examples include – providing education, home, disciplining a child, consenting or refusing to a child’s medical treatment, protecting and maintaining a child.

Parental Responsibility

Who has Parental Responsibility?

Who has Parental Responsibility?

• Both parents – if married at child’s birth

• If unmarried, mother alone has PR

• PR lasts till child is adopted, dies or 18yrs

• Unmarried father can acquire by – a. Marrying the mother after birth

b. Adopting the child

c. Obtain a parental responsibility order from the court

d. Enter into PR agreement with the mother

e. Obtain a residence order + PR order

f. Be appointed a guardian

Who has Parental Responsibility?

• For anyone (relatives, step-parents, foster parents) other than birth parents, PR only by:

a. Obtaining a residence orderb. Adopting the childc. Obtain special guardianship order

Sec 3(5) – “a person who does not have PR, but has care of the child, may merely ‘do what is reasonable’ in all circumstances of the case for the purpose of safeguarding and promoting the child’s welfare”

Part II orders

• Residence order: determines where and with whom a child lives. PR is acquired. Lasts till the child is 16. Does not allow changing surname or removing from UK

• Contact order: requires the person the child lives with to allow that child to visit or stay with the person named in the order.

E.g, if the children are living with their mother, the father can ask the court to order that the children stay with him at particular times.

Part II orders

• Specific Issue order: determines a specific question which has arisen in connection with any aspects of PR.

E.g if partners cannot decide on what school they should go to, whether to change their surname, whether they should have a major operation etc, an application can be made to the court.

• Prohibited Steps order: an order made by a court to stop a parent doing something that he or she would otherwise be entitled to do.

prevents either parent from carrying out certain events or making specific trips with their children without the express permission of the other parent.

Part III – LA support for children

Child in Need – any child;

• Who is unlikely to achieve or maintain reasonable standard of health or devt

• Whose health or devt is likely to be significantly impaired

• Who is disabled (includes mental disorder)

Local Authority support for children

• Requirement to perform Core Assessment

• Imposes duty to safeguard and promote welfare

• Empowers LA to provide services – education, housing, recreation

• Also imposes duties on ‘partner’ agencies, including health

Court Orders

• Secure accommodation order

• Care order

• Supervision order

Child is suffering from or is likely to suffer significant harm

Secure accommodation order

• Sec 25-“accommodation provided for the purpose of restricting liberty”

• Risk of absconding or likely to injure self or others

• Applies to looked afer children or in healthcare settings, e.g wards, MH units

• LA, NHS, Education can apply to court• Needs court application after 72 hrs • Granted for initial 3months, can be renewed.

Care Order

• an order that places a child in the care of the local authority.

• Child may remain at home or with relatives

• Can be interim or final

• Grants PR to the LA, which can be exercised together with the parents

• Lasts till child is 18, or discharged by court

• Children in care are ‘Looked after children’

Supervision Order

• Places a child under the supervision of the LA – to advice, assist and befriend the child

• LA does not acquire parental responsibility• May include specific requirements to live at a

particular place, attend medical or psychiatric appts or participate in specified activities.

• Commonly used in Youth Offending• No powers to enforce the order• Lasts for 1yr but extendable for up to 3yrs

Short term orders

Emergency protection order (S44): made when a child or young person is in immediate danger and may have to be taken away from home quickly.

• Lasts 8 days. Anyone ca apply

Police Protection(S46): in urgent cases where a child is likely to suffer significant harm unless they are removed and kept in suitable accommodation.

• E.g self harming, a runaway, need of medical Rx• Lasts 72hrs

OthersSection 20? - duty of all LA to make accommodation available for such

children in need. • In agreement with /at the request of parents• No court proceedings are involved, and the parents retain

full parental responsibility.

Sec 47? - places a duty on LA to make enquiries into the circumstances

of children considered to be at risk of ‘significant harm’ and, where these enquiries indicate the need, to undertake a full Investigation into the child’s circumstances.

Children Act 1989 versus MHA 1983

• Can do virtually the same things

Rule of thumb

• If intrinsic mental disorder MHA

• If not Children Act