Last amended by Adoption and Children Act (Northern Ireland) 2022 (2022 c. 18 (N.I.)) in 2022. Prospectively repeals ss.9–12 and parts of s.17 in their application to Northern Ireland; legislation.gov.uk records these changes as not yet applied as at 1 August 2026.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Children and Adoption Act 2006 strengthened the courts' powers to facilitate and enforce contact between children and parents, and created controls on adoptions from abroad. Part 1 works by inserting new provisions into the Children Act 1989: contact activity directions and conditions (ss.11A–11G, e.g. parenting programmes and information sessions), CAFCASS monitoring of compliance (s.11H), warning notices attached to orders (s.11I), enforcement orders imposing unpaid work requirements for breach without reasonable excuse (ss.11J–11N and Schedule A1), compensation for financial loss caused by breach (ss.11O–11P), more flexible family assistance orders, and a duty on CAFCASS officers to carry out risk assessments where they suspect a child is at risk of harm (s.16A). Since the Children and Families Act 2014 these provisions operate in relation to child arrangements orders. Part 2 allows the Secretary of State to declare 'special restrictions' on bringing children into the UK from countries of concern in intercountry adoption (used, for example, for Cambodia, Guatemala, Nepal, Haiti and Ethiopia); sections 9–12 are prospectively repealed for Northern Ireland by the Adoption and Children Act (Northern Ireland) 2022, a change legislation.gov.uk records as not yet applied.
Key Points
- Contact activity directions and conditions: courts can require attendance at programmes, classes, counselling or information sessions to promote contact (s.1, inserting ss.11A–11G Children Act 1989)
- CAFCASS can be asked to monitor compliance with contact provisions and report to the court (s.2, inserting s.11H)
- Warning notices must be attached to orders, spelling out the consequences of breach (s.3, inserting s.11I)
- Enforcement orders: unpaid work requirements (40–200 hours) for breach without reasonable excuse, proved to the criminal standard (s.4, inserting ss.11J–11N and Schedule A1)
- Compensation for financial loss caused by breach (e.g. a lost holiday) (s.5, inserting ss.11O–11P)
- Family assistance orders made more flexible: consent of the child no longer required, maximum duration extended to 12 months (s.6)
- Risk assessments: CAFCASS officers must assess and report where they suspect a child is at risk of harm (s.7, inserting s.16A)
- Part 2: special restrictions on adoptions from 'restricted' countries, with case-by-case exceptions and a power to charge for handling cases (ss.9–14)
- Terminology now operates on child arrangements orders following the Children and Families Act 2014
Amendments History
2014 — Children and Families Act 2014
Replaced contact and residence orders with the child arrangements order; the enforcement machinery inserted by the 2006 Act (ss.11A–11P Children Act 1989) was retained and now applies to child arrangements orders.
2022 — Adoption and Children Act (Northern Ireland) 2022 (2022 c. 18 (N.I.))
Prospectively repeals ss.9–12 and parts of s.17 in their application to Northern Ireland; legislation.gov.uk records these changes as not yet applied as at 1 August 2026.
Frequently asked questions
- What are the main purposes of the Children and Adoption Act 2006?
- The Children and Adoption Act 2006 strengthened court powers to enforce contact between children and parents. It introduced measures such as contact activity directions, warning notices, and enforcement orders. It also created controls on adoptions from abroad by allowing the Secretary of State to declare special restrictions on bringing children into the UK from specific countries of concern.
- Can a court order a parent to attend a parenting programme?
- Courts can require parents to attend parenting programmes, classes, counselling, or information sessions to promote contact with their child. These are known as contact activity directions and conditions. Since the Children and Families Act 2014, these provisions operate in relation to child arrangements orders, replacing the older terminology of contact and residence orders.
- What happens if a parent breaks a contact order?
- If a parent breaches a contact order without reasonable excuse, the court can impose an enforcement order requiring them to complete unpaid work. This requirement ranges from 40 to 200 hours. The breach must be proved to the criminal standard. Additionally, the court can order compensation for financial losses caused by the breach, such as the cost of a lost holiday.
- What are 'special restrictions' on international adoption?
- The Act allows the Secretary of State to declare 'special restrictions' on intercountry adoptions from specific countries of concern. Examples of countries where these restrictions have been used include Cambodia, Guatemala, Nepal, Haiti, and Ethiopia. These restrictions apply to bringing children into the UK for adoption, with case-by-case exceptions available.
- What role does CAFCASS play under this Act?
- CAFCASS officers have a duty to carry out risk assessments and report to the court if they suspect a child is at risk of harm. They can also be asked to monitor compliance with contact provisions and report back to the court. This monitoring helps ensure that orders are being followed and that the child's safety is protected.
- Does the 2006 Act still apply to Northern Ireland?
- The Adoption and Children Act (Northern Ireland) 2022 prospectively repeals sections 9 to 12 of the 2006 Act in their application to Northern Ireland. However, legislation.gov.uk records these changes as not yet applied. Therefore, the 2006 Act provisions regarding special restrictions on adoption currently remain in force for Northern Ireland until the repeal is formally applied.