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Children Act 1989

Children Act 1989

The Children Act 1989 including amendments brought about by the Children and Adoption Act 2006 to give the courts more flexible powers to facilitate child contact and enforce contact orders. The new powers are due to come into force as of 8 December 2008.

Children Act 1989 (c. 41) Introductory Text Main body 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. 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. Residence, contact 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 Contact activity directions] [11B Contact activity directions: further provision] [11C Contact activity conditions] [11D Contact activity conditions: further provision] [11E Contact activity directions and conditions: making] [11F Contact activity directions and conditions: financial assistance] [11G Contact activity directions and conditions: monitoring] [11H Monitoring contact] [11I Contact 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. Residence 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 Local Authority Support for Children and Families Provision of services for children and their families 17. Provision of services for children in need, their families and others. 17A Direct payments 17B. Vouchers for persons with parental responsibility for disabled children. 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. 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. 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 accomodation for restricting liberty. 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. Part IV Care and Supervision General 31. Care and Supervision 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. Directions that premises be no longer used for community home. 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. 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 71. Registration. 72. Requirements to be complied with by child minders. 73. Requirements to be complied with by persons providing day care for young children. 74. Cancellation of registration. 75. Protection of children in an emergency. 76. Inspection. 77. Appeals. 78. Offences. 79. Application of this Part to Scotland. Part XA Child Minding and Day Care for Children in England and 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 Secretary of State. 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. 87. Welfare of children in boarding schools and colleges. 87A. Suspension of duty under section 87(3). 87B. Duties of inspectors under section 87A. 87C. Boarding schools: national minimum standards. 87D. Annual fee for boarding school inspections. Adoption 88. Amendments of adoption legislation. Paternity tests 89. Tests to establish paternity. 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. 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. 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] [Part 2 Revocation, amendment or breach of enforcement order] SCHEDULE 1 Financial Provision for Children SCHEDULE 2 Local Authority Support for Children and Families Part I Provision of Services for Families Part II Children Looked After By Local Authorities Part III Contributions Towards Maintenance of Children Looked After by Local Authorities SCHEDULE 3 Supervision Orders Part I General Part II Miscellaneous Part III Education supervision orders SCHEDULE 4 Management and Conduct of Community Homes Part I Instruments of Management 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 Part II Regulations as to Voluntary Homes SCHEDULE 6 Private Children's Homes Part I Registration Part II Regulations SCHEDULE 7 Foster Parents: Limits on Number of Foster Children SCHEDULE 8 Privately Fostered Children SCHEDULE 9 SCHEDULE 9A Child Minding and Day Care for Young Children in Wales 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 Part II Consequential Amendments SCHEDULE 12 Minor Amendments SCHEDULE 13 Consequential Amendments SCHEDULE 14 Transitionals and Savings SCHEDULE 15 Repeals

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