Children Act 1989

Children Act 1989
Long title An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children's homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption, and for connected purposes.
Territorial extent	England and Wales
Royal assent	16 November 1989
Commenced	14 October 1991
Introduced by	Lord Chancellor
Status: Current legislation

The Children Act 1989 is a significant piece of legislation in the United Kingdom that governs the welfare and protection of children. It was enacted to consolidate and clarify the law relating to children and to ensure that the welfare of the child is the paramount consideration in all decisions affecting them.

Key Provisions

The Children Act 1989 introduced several key principles and provisions:

Welfare Principle

The Act establishes that the welfare of the child is the paramount consideration in any decision made by the courts, local authorities, or any other person in relation to the upbringing of a child. This is often referred to as the "welfare principle."

Parental Responsibility

The Act defines "parental responsibility" 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. It emphasizes the responsibilities of parents rather than their rights.

Orders

The Act provides for various types of orders that can be made by the court, including:

• Care orders - placing a child under the care of a local authority.
• Supervision orders - placing a child under the supervision of a local authority.
• Residence orders - determining with whom a child is to live.
• Contact orders - requiring the person with whom a child lives to allow the child to visit or stay with the person named in the order.

Local Authority Duties

Local authorities have a duty to safeguard and promote the welfare of children within their area who are in need. They must provide a range of services to meet the needs of these children, including accommodation and support.

Child Protection

The Act sets out the framework for child protection, including the duty of local authorities to investigate if they have reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm.

Impact and Criticism

The Children Act 1989 has been praised for its child-centered approach and for providing a clear framework for the protection and welfare of children. However, it has also faced criticism for various reasons, including the challenges in balancing parental rights with child welfare and the resource constraints faced by local authorities in fulfilling their duties under the Act.

Amendments and Related Legislation

The Act has been amended by subsequent legislation, including the Children Act 2004, which established the role of the Children's Commissioner for England and introduced measures to improve inter-agency cooperation in child protection.

Also see

• Children Act 2004
• Parental responsibility (United Kingdom)
• Child protection
• Family law