Rezumat
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.
Puncte cheie
- 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
Părți și secțiuni
Istoricul amendamentelor
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.