Children Act 1989 - Legislation.gov.uk PDF

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Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesChildren Act 1989CHAPTER 41CHILDREN ACT 1989PART IINTRODUCTORY12344ZA4A567Welfare of the child.Parental responsibility for children.Meaning of “parental responsibility”.Acquisition of parental responsibility by father.Acquisition of parental responsibility by second female parentAcquisition of parental responsibility by step-parentAppointment of guardians.Guardians: revocation and disclaimer.Welfare reports.PART IIORDERS WITH RESPECT TO CHILDREN IN FAMILY PROCEEDINGSGeneral89101111A11B11C11D11E11FChild arrangements orders and other orders with respect to children.Restrictions on making section 8 orders.Power of court to make section 8 orders.General principles and supplementary provisions. Activity directions. Activity directions: further provision. Activity conditions. Activity conditions: further provision.Activity directions and conditions: making. Activity directions and conditions: financial assistance

iiChildren Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changes11G11H11I11J11K11L11M11N11O11P121314. Activity directions and conditions: monitoringMonitoring contact and shared residenceChild arrangements orders: warning noticesEnforcement ordersEnforcement orders: further provisionEnforcement orders: makingEnforcement orders: monitoringEnforcement orders: warning noticesCompensation for financial lossOrders under section 11O(2): further provisionChild arrangements orders and parental responsibility.Change of child’s name or removal from jurisdiction.Enforcement of residence orders.Special guardianship14A14B14C14D14E14F14GSpecial guardianship ordersSpecial guardianship orders: makingSpecial guardianship orders: effectSpecial guardianship orders: variation and dischargeSpecial guardianship orders: supplementarySpecial guardianship support servicesSpecial guardianship support services: representationsFinancial relief15Orders for financial relief with respect to children.Family assistance orders1616AFamily assistance orders.Risk assessmentsPART IIISUPPORT FOR CHILDREN AND FAMILIESPROVIDED BY LOCAL AUTHORITIES IN ENGLANDApplication to local authorities in England16BApplication to local authorities in EnglandProvision of services for children and their families : rovision of services for children in need, their families and others.Young carers' needs assessments .Young carers' needs assessments: supplementaryConsideration of young carers' needs assessmentsParent carers' needs assessments .Parent carers' needs assessments: supplementaryConsideration of parent carers' needs assessmentsSection 17 services: continued provision where EHC plan maintainedSection 17 services: transition for children to adult care and supportSection 17 services: provision after EHC plan no longer maintainedDirect paymentsVouchers for persons with parental responsibility for disabled children.

Children Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changes1819Day care for pre-school and other children.Review of provision for day care, child minding etc.Provision of accommodation for children2021Provision of accommodation for children: general.Provision of accommodation for children in police protection ordetention or on remand, etc.Duties of local authorities in relation to children looked after by them222322A22B22C22D22E22F22GGeneral duty of local authority in relation to children looked after bythem.Provision of accommodation and maintenance by local authority forchildren whom they are looking after.Provision of accommodation for children in careMaintenance of looked after childrenWays in which looked after children are to be accommodated andmaintainedReview of child's case before making alternative arrangements foraccommodationChildren’s homes provided by Secretary of State or Welsh MinistersRegulations as to children looked after by local authoritiesGeneral duty of local authority to secure sufficient accommodation forlooked after childrenEducational achievement of previously looked after children23ZZAInformation and advice for promoting educational achievementVisiting23ZA23ZBDuty of local authority to ensure visits to, and contact with, looked afterchildren and othersIndependent visitors for children looked after by a local authorityAdvice and assistance for certain children and young persons23A23B23C23CZA23CZB23CAThe responsible authority and relevant children.Additional functions of the responsible authority in respect of relevantchildren.Continuing functions in respect of former relevant children.Arrangements for certain former relevant children to continue to livewith former foster parentsEngland: further advice and supportFurther assistance to pursue education or trainingPersonal advisers and pathway plans23D23E2424A24B24C24DPersonal advisers.Pathway plans.Persons qualifying for advice and assistance.Advice and assistance.Employment, education and training.Information.Representations: sections 23A to 24B.iii

ivChildren Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesSecure accommodation25Use of accommodation for restricting liberty.Independent reviewing nt of independent reviewing officerFunctions of the independent reviewing officerReferred casesReview of cases and inquiries into representations.Representations: further considerationRepresentations: further consideration (Wales)Advocacy servicesCo-operation between authorities.Consultation with local education authorities.Recoupment of cost of providing services etc.Miscellaneous.Meaning of appropriate national authorityPART IVCARE AND SUPERVISIONGeneral3131A32Care and SupervisionCare orders: care plansPeriod within which application for order under this Part must bedisposed of.Care orders3334Effect of care order.Parental contact etc. with children in care.Supervision orders3536Supervision orders.Education supervision orders.Powers of court373838A38B3940Powers of court in certain family proceedings.Interim orders.Power to include exclusion requirement in interim care order.Undertakings relating to interim care orders.Discharge and variation etc. of care orders and supervision orders.Orders pending appeals in cases about care or supervision orders.Guardians ad litem4142Representation of childRight of officer of the Service to have access to local authority records

Children Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesPART VPROTECTION OF CHILDREN434444A44B4546474849505152Child assessment orders.Orders for emergency protection of children.Power to include exclusion requirement in emergency protection order.Undertakings relating to emergency protection orders.Duration of emergency protection orders and other supplementalprovisions.Removal and accommodation of children by police in cases ofemergency.Local authority’s duty to investigate.Powers to assist in discovery of children who may be in need ofemergency protection.Abduction of children in care etc.Recovery of abducted children etc.Refuges for children at risk.Rules and regulations.PART VICOMMUNITY HOMES535455565758Provision of community homes by local authorities.Directions that premises be no longer used for community home.Determination of disputes relating to controlled and assisted communityhomes.Discontinuance by voluntary organisation of controlled or assistedcommunity home.Closure by local authority of controlled or assisted community home.Financial provisions applicable on cessation of controlled or assistedcommunity home or disposal etc. of premises.PART VIIVOLUNTARY HOMES AND VOLUNTARY ORGANISATIONS59606162 Provision of accommodation by voluntary organisations.Registration and regulation of voluntary homes.Duties of voluntary organisations.Duties of local authorities.PART VIIIREGISTERED CHILDREN’S HOMES63646565AChildren not to be cared for and accommodated in unregisteredchildren’s homes.Welfare of children in children’s homes.2 Persons disqualified from carrying on, or being employed in children’shomes.Appeal against refusal of authority to give consent under section 65.v

viChildren Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesPART IXPRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN6667686970Privately fostered children.Welfare of privately fostered children.Persons disqualified from being private foster parents.Power to prohibit private fostering.Offences.PART XCHILD MINDING AND DAY CARE FOR YOUNG s to be complied with by child minders.Requirements to be complied with by persons providing day care foryoung children.Cancellation of registration.Protection of children in an emergency.Inspection.Appeals.Offences.Application of this Part to Scotland.PART XACHILD MINDING AND DAY CARE FOR CHILDREN IN . . . WALESIntroductory79A79BChild minders and day care providers.Other definitions, etc.Regulations79CRegulations etc. governing child minders and day care equirement to register.Applications for registration.Grant or refusal of registration.Cancellation of registration.Suspension of registration.Resignation of registration.Protection of children in an emergency.Notice of intention to take steps.Appeals.Inspection: England79N79P79Q79RGeneral functions of the Chief Inspector.Early years child care inspectorate.Inspection of provision of child minding and day care in England.Reports of inspections.

Children Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesInspection: Wales79S79TGeneral functions of the Assembly.Inspection: Wales.Supplementary79U79VRights of entry etc.Function of local authorities.Checks on suitability of persons working with children over the age of seven79WRequirement for certificate of suitability.Time limit for proceedings79XTime limit for proceedings.PART XISECRETARY OF STATE’S SUPERVISORY FUNCTIONS AND RESPONSIBILITIES8081828384Inspection of children’s homes etc. by persons authorised by theAppropriate National Authority.Inquiries.Financial support by Secretary of State.Research and returns of information.Local authority failure to comply with statutory duty: default power ofSecretary of State.PART XIIMISCELLANEOUS AND GENERALNotification of children accommodated in certain establishments858686A8787A87B87BA87C87DChildren accommodated by health authorities and local educationauthorities.Children accommodated in care homes or independent hospitals.Visitors for children notified to local authority .Welfare of children in boarding schools and colleges.Suspension of duty under section 87(3).Duties of inspectors under section 87A.Quality assurance of inspectors under section 87ABoarding schools: national minimum standards.Annual fee for boarding school inspections.Adoption88Amendments of adoption legislation.Paternity tests89Miscellaneous and GeneralCriminal care and supervision orders90Care and supervision orders in criminal proceedings.vii

viiiChildren Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View outstanding changesEffect and duration of orders etc.91Effect and duration of orders etc.Jurisdiction and procedure etc.9293949596979899100101Jurisdiction of courts.Rules of court.Appeals.Attendance of child at hearing under Part IV or V.Evidence given by, or with respect to, children.Privacy for children involved in certain proceedings.Self-incrimination.Restrictions on use of wardship jurisdiction.Effect of orders as between England and Wales and Northern Ireland,the Channel Islands or the Isle of Man.Search warrants102Power of constable to assist in exercise of certain powers to search forchildren or inspect premises.General103104104A105106107108Offences by bodies corporate.Regulations and orders.Regulations made by the Welsh Ministers under section 31A or Part 7Interpretation.Financial provisions.Application to Channel Islands.Short title, commencement extent etc.SCHEDULESSCHEDULE A1 — Enforcement ordersPART 1 — UNPAID WORK REQUIREMENTThe responsible officer etc1(1) For the purposes of this Part of this Schedule—.Obligations of responsible officer2(1) This paragraph applies where an enforcement order is in.Enforcement order to specify relevant person's home local justice area3(1) An enforcement order must specify which local justice area.Requirement and obligation of relevant person3A(1) In this Part of this Schedule “ unpaid work.

Children Act 1989 (c. 41)Document Generated: 2021-03-29Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorialteam to Children Act 1989. Any changes that have already been made by the team appear in the contentand are referenced with annotations. (See end of Document for details) View ou

63 Children not to be cared for and accommodated in unregistered children’s homes. 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. vi ...