The document discusses key aspects of the Children Act 1989 in the UK. It establishes that a child's welfare is the paramount consideration in legal decisions. It defines parental responsibility and outlines the duties of local authorities to investigate child welfare concerns and protect children, including through care and supervision orders if needed. The Act aims to reform laws around protecting children's rights and well-being.

1. Nathan Loynes

2. Introduction: Key Points:
1.
2.
3.
4.
5.
6.
7.
8.
The purpose of the Act
Its relationship with the Children Act 2004
Key Principles of the Act
The Welfare Checklist
Parental Responsibility
Children in Need (s.17)
Duty to investigate significant harm (s.47)
Care Orders, Supervision Orders,
Emergency Protection Orders

3. The Children Act 1989
• There is no single piece of legislation that covers child
protection in the UK
• Children Act 1989 was introduced to reform and clarify
the existing plethora of laws affecting children
• Paramountcy Principle: a child‘s welfare is paramount
when making any decisions about a child‘s upbringing
(Child First) although every effort should be made to
preserve the child‘s home and family links
• Parental responsibility which is defined as ―the rights,
duties, powers and responsibilities which by law a parent
of a child has in relation to the child and his property‖
• It sets out in detail what local authorities and the courts
should do to protect the welfare of children

4. The Children Act 1989
• Local authorities are charged with a duty to provide
―services for children in need , their families and others‖
Section 17
• Charges local authorities with the ―duty to investigate…if
they have reasonable cause to suspect that a child who
lives , or is found, in their area is suffering, or is likely to
suffer significant harm Section 47
• The Children Act 1989 defines harm as ill treatment
(including sexual abuse and non-physical forms of ill
treatment) or the impairment of health ( physical or
mental) or development (physical, intellectual, emotional,
social or behavioural)
• Significant is not defined in the Act

5. Two Acts in Tandem
• Children Act 1989
• Children Act 2004
• Please remember ... It is the Children Act
and not the Children‘s Act!
• The 1989 Children Act provided a unifying
piece of legislation which deals with the
welfare of children
• Note the 2004 Act does not repeal
(replace) the 1989 Act!

6. Children Act 1989 - some
selected highlights!
•
•
•
•
Paramountcy principle
Welfare Checklist
S.17 Children in Need
S.47 Duty to investigate incidences of
‗Significant Harm‘
• Parental responsibility
• Care Orders and Supervision orders
• Private law orders known as ―Section 8‖
orders

7. Paramountcy Principle
(Section 1)
• When a court determines any question
with respect to—
(a) the upbringing of a child; or
(b) the administration of a child‘s
property or the application of any income
arising from it,
the child‘s welfare shall be the court‘s
paramount consideration.

8. The Welfare Checklist
(Section 1(3))
(a) The ascertainable wishes and feelings of the child concerned
(considered in the light of his age and understanding)
(b) His physical, emotional and educational needs
(c) The likely effect on him of any change in his circumstances
(d) His age, sex, background and any characteristics of his which
the court considers relevant
(e) Any harm which he has suffered or is at risk of suffering
(f) How capable each of his parents, and any other person in
relation to whom the court considers the question to be relevant,
is of meeting his needs
(g) The range of powers available to the court under this Act in the
proceedings in question.

9. The ‗No Order‘ principle
(Section 1(5))
Where a court is considering whether or not
to make one or more orders under this Act
with respect to a child, it shall not make the
order or any of the orders unless it considers
that doing so would be better for the child
than making no order at all.

10. Defines ‗Parental
responsibility‘ (Section2)
• A married couple who have children
together both automatically have
parental responsibility. Parental
responsibility continues after
divorce.
• Mothers automatically have parental
responsibility.

11. Parental responsibility
(Section2)
Where the parents are not married, the
unmarried father only has parental
responsibility if:
– His name is registered on the birth certificate - this is the case for
births registered after 1 December 2003. Fathers can re-register
if their names have not been placed on the birth certificate before
this date.
– He later marries the mother.
– Both parents have signed an authorised parental responsibility
agreement.
– He obtains a parental responsibility order from the court.
– He obtains a residence order from the court.
– He becomes the child's guardian.

12. Parental responsibility
(Section2)
• Others, such as grandparents and
step-parents, do not have parental
responsibility. They can acquire it
by:
• Being appointed as a guardian to
care for a child if their parent dies.
• Obtaining a residence order (Under
Section 8) from the court for a child
to live with them.
• Adopting the child.

13. Child In Need (section 17)
• He/she is unlikely to achieve or maintain or have
the opportunity of achieving or maintaining a
reasonable standard of health or development
without the provision for him or her of services
by the local authority OR
• His/her health is likely to be significantly
impaired or further impaired without the
provision for him of such services OR
• disabled

14. Local authority‘s duty to
investigate. (section 47)
Where a local authority have reasonable
cause to suspect that a child who lives, or is
found, in their area is suffering, or is likely to
suffer, significant harm, then
the authority shall make such enquiries as
they consider necessary to enable them to
decide whether they should take any action
to safeguard or promote the child‘s welfare.

15. Care and Supervision Orders
(Section 31)
• A ‗Care Order‘ is granted by the
court giving the Local Authority joint
parental responsibility with the
parents. (Parents do not lose their
PR) A care order will only be
granted if a child is suffering or likely
to suffer significant harm.
• Supervision Order means that the
Local Authority has powers to
oversee the child‘s welfare.

16. Care and Supervision Orders
(Section 31)
• A Supervision Order means that the
Local Authority has powers to
oversee the child‘s welfare. A
Supervison Order is less
intrusive/powerful than a Care
Order.

17. Emergency Protection Order
(EPO) (Section 44).
• Where there is immediate concern for the
welfare of a child an EPO can be applied
for which lasts for 8 days.
• The EPO might be considered the most
powerful and potentially oppressive of the
available orders.
• Hence, for the court to grant an EPO
(rather than a care order) the risk of
Significant Harm must be immediate and
acute.

18. Conclusion
• The Children Act 1989 was, and remains
to be the most comprehensive and
influential piece of legislation to govern
The State‘s relationship with families, and
especially those families/children with
welfare and protection needs.
• Since the Act was implemented in October
1991, only a few amendments have
occurred notably The Children Act 2004,
and The Adoption and Children Act 2002