Overview of The Children Act 1989

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Overview of The Children Act 1989

• Dr Femi Akerele
• Plymouth

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• What are peoples general understanding /
  perception of the Act?

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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.

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Basic Principles

• The paramountcy of the childs welfare
• No delay principle
• The no order principle
• The welfare checklist
• These key principles operate under the concept
  that
• Children are best looked after by their family
• Partnership by state and parents to best meet
  childs needs
• Public service co-operation will result in best
  service provision

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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

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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
  childs medical treatment, protecting and
  maintaining a child.

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Parental Responsibility

• Who has Parental Responsibility?

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Who has Parental Responsibility?

• Both parents if married at childs birth
• If unmarried, mother alone has PR
• PR lasts till child is adopted, dies or 18yrs
• Unmarried father can acquire by
• Marrying the mother after birth
• Adopting the child
• Obtain a parental responsibility order from the
  court
• Enter into PR agreement with the mother
• Obtain a residence order PR order
• Be appointed a guardian

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Who has Parental Responsibility?

• For anyone (relatives, step-parents, foster
  parents) other than birth parents, PR only by
• Obtaining a residence order
• Adopting the child
• 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
  childs welfare

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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.

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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.

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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)

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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

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Court Orders

• Secure accommodation order
• Care order
• Supervision order
• Child is suffering from or is likely to suffer
  significant harm

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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.

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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

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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

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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

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Others

• Section 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 childs circumstances.

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Children Act 1989 versus MHA 1983

• Can do virtually the same things
• Rule of thumb
• If intrinsic mental disorder MHA
• If not Children Act