Last amended by Children and Families Act 2014 in 2014. Reformed the family justice system, introduced a 26-week time limit for care proceedings, and reformed adoption law.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The foundational statute for child welfare and protection in England & Wales. Established the paramount principle (the child's welfare is the court's paramount consideration), defined parental responsibility, created the framework for care and supervision orders, set out the 'no order' principle, and established the welfare checklist.
Key Points
- Welfare of the child is the paramount consideration (s.1(1))
- Welfare checklist (s.1(3))
- No order principle — court should not make an order unless better than making no order (s.1(5))
- Parental responsibility (s.3) and who has it (ss.2, 4, 4A, 4ZA)
- Local authority duties to children in need (s.17)
- Duty to investigate where child suffering or likely to suffer significant harm (s.47)
- Care orders (s.31) and supervision orders (s.31)
- Threshold criteria: significant harm attributable to care or child being beyond parental control (s.31(2))
- Emergency protection orders (s.44)
- Child's welfare is the court's paramount consideration (s.1(1))
- Welfare checklist: wishes/feelings of the child, physical/emotional needs, likely effect of change, age/sex/background, harm suffered or at risk of, capability of parents, range of powers available (s.1(3))
- No order principle: court should not make an order unless doing so would be better for the child than making no order at all (s.1(5))
- Parental responsibility: defined as all rights, duties, powers, responsibilities, and authority of a parent (s.3)
- Section 8 orders: child arrangements orders, prohibited steps orders, specific issue orders
- Care orders and supervision orders (Part IV)
- Local authority duties to children in need (s.17) and child protection (s.47)
- The child's welfare is the paramount consideration (s.1(1))
- Welfare checklist for contested proceedings (s.1(3))
- No-order principle — court should not make an order unless it is better for the child (s.1(5))
- Parental responsibility — rights, duties, powers, and authority a parent has (s.3)
- Section 8 orders: child arrangements, prohibited steps, specific issue (s.8)
- Local authority duty to children in need (s.17)
- Care orders and supervision orders (ss.31–35)
- Guardian ad litem (now children's guardian) for the child in public law cases
- Welfare principle (s.1)
- No order principle (s.1(5))
- Parental responsibility
- Significant harm threshold for care proceedings (s.31)
- Section 47 investigations
Parts & Sections
Amendments History
2004 — Children Act 2004
Established the Children's Commissioner, introduced Local Safeguarding Children Boards, and created the duty to co-operate between agencies.
2014 — Children and Families Act 2014
Reformed the family justice system, introduced a 26-week time limit for care proceedings, and reformed adoption law.
2002 — Adoption and Children Act 2002
Extended parental responsibility to unmarried fathers who register the birth jointly with the mother. Introduced special guardianship orders.
2014 — Children and Families Act 2014
Replaced residence and contact orders with child arrangements orders. Introduced a presumption of parental involvement in the child's life.
2014 — Children and Families Act 2014
Replaced residence and contact orders with child arrangements orders; introduced a presumption of parental involvement; 26-week time limit for care proceedings.
2014 — Children and Families Act 2014
Reformed SEN and adoption provisions.
Frequently asked questions
- What does parental responsibility mean under the Children Act 1989?
- Parental responsibility is defined as all the rights, duties, powers, responsibilities, and authority a parent has by law in relation to a child and the child's property. This includes the right to determine the child's education, religion, medical treatment, and name. The Act sets out specific provisions regarding who holds parental responsibility.
- When can a court make a care or supervision order?
- A court may make a care or supervision order only if it is satisfied that the child is suffering, or is likely to suffer, significant harm. This harm must be attributable to the care given or likely to be given to the child, or the child being beyond parental control. These orders are part of the framework for protecting children in public law cases.
- What is the 'no order' principle in child law?
- The Act introduces the 'no order' principle, which states that a court should not make an order unless doing so would be better for the child than making no order at all. This principle ensures that court intervention is only used when it is genuinely necessary to improve the child's welfare compared to the existing situation.
- What must a local authority do if they suspect a child is at risk of harm?
- If a local authority has reasonable cause to suspect that a child is suffering or is likely to suffer significant harm, it has a statutory duty to make enquiries. These investigations are designed to decide whether action is needed to safeguard the child's welfare. This duty is a key part of the child protection framework established by the Act.