The Children Act 1989 Allocates duties to local authorities, courts, parents and other agencies in the United Kingdom to ensure children are Safeguarded and their welfare is promoted

Overview Reinforces the autonomy of families through definition of parental responsibility – giving parents the voice they deserve Provides for support from local authorities, in particular for families whose children are in need – ensuring all children have access to the resources they need Legislates to protect children who may be suffering or are likely to suffer significant harm

Aims of the Act To bring together private and public law in one framework To achieve a better balance between protecting children and enabling parents to challenge state intervention To encourage greater partnership between statutory authorities and parents To promote the use of voluntary arrangements To restructure the framework of the courts to facilitate management of family proceedings

Principles of the Act The welfare of children must be the paramount consideration when the courts are making decisions about them The concept of parental responsibility has replaced that of parental rights Children have the ability to be parties, separate from their parents, in legal proceeding Local authorities are charged with duties to identify children in need and to safeguard and promote their welfare Certain duties and powers are conferred upon local authorities to provide services for children and families A checklist of factors must be considered by the courts before reaching decisions Orders under this Act should not be made unless it can be shown that this is better for the child than not making an order Delay in deciding questions concerning children is likely to compromise their welfare

Key Points – Paramountcy Principle (Section 1) When a court determines any question with respect to – The upbringing of a child or; The administration of a child's property or the application of any income arising from it The child’s welfare should be the courts primary consideration

Key Points - The Welfare Checklist (Section 1 (3)) The wishes and feelings of the child concerned The child’s physical, emotional and educational needs The likely effect on the child if circumstances changed as a result of the courts decision The child’s age, sex, backgrounds and any other characteristics which will be relevant to the court’s decision Any harm the child has suffered or may be at risk of suffering Capability of the child’s parents (or any other person the courts find relevant) at meeting the child’s needs The powers available to the court in the given proceedings

Key Points – 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.’

Key Points – Defines Parental Responsibility (Section 2) A married couple both automatically have parental responsibility Where parents are not married, Fathers only have parental responsibility if; His name is on the Birth Certificate He later marries the Mother Both parents have signed an authorised agreement He obtains a parental responsibility order from the court He obtains a residency order from the court He becomes the child’s Guardian Mothers automatically have parental responsibility Others such as Grandparents do not have it unless they; Are appointed after the death of a parent Obtaining a residency order from the courts They Adopt the child

Key Points – Defines a ‘Child in Need’ (Section 17) He or she is unlikely to achieve or maintain; or to have the opportunity to achieve or maintain a reasonable standard of health or development without provision of services from the LA His or her health or development is likely to be significantly impaired, or further impaired, without the provision of services from the LA He or she has a disability Note - LA = Local Authority

Key Points – Local Authorities duty to investigate (Section 47) Section 47 of the Children Act 1989 places a duty on LAs to investigate and  make inquiries into the circumstances of children considered to be at risk of ‘significant harm’ and, where these inquiries indicate the need, to decide what action, if any, it may need to take to safeguard and promote the child’s welfare. The investigation will form a core assessment, which is an in-depth assessment of the nature of the child’s needs and the capacity of his or her parents to meet those needs within the wider family and community context.

Key Points – Care and Supervision Orders (Section 31) A ‘Care Order’ is granted by the courts and gives parents and the LA joint parental responsibility for the child A Care Order will only be granted if a child is likely to suffer significant harm A ‘Supervision Order’ means that the LO has powers to oversee the child’s welfare A Supervision Order is less intrusive on the child’s family life and carries less legal power than a Care Order

Key Points – Emergency Protection Order (Section 44) Where there is immediate concern for a child’s welfare an EMO can be put into place and will last for 8 days The EPO is the most powerful of all the orders outlined within the Children Act 1989 Therefore, for the court to grant an EPO rather than a Care Order, the risk of significant harm must be immediate and acute

Impacts on Children and School Recognised Fathers as having parental responsibility and an important impact on decisions surrounding their children Put increasing pressure on Local Authorities to ensure provision is given to those that need it Clarified MAW to ensure agencies were clear on their involvement Vulnerable children were protected by various orders whereby courts can intervene if the safeguarding of a child was to be compromised

Where are we now? – Children Act 2004 The 1989 Children Act was adapted following a report by Lord Laming as a consequence of the death of Victoria Climbie. Although the 1989 Act was fundamentally sound, the report found gaps in its implementation. This resulted in the following now being taken into consideration – Allowing children to be healthy Allowing children to remain in safe environments Helping children to enjoy life Assist children in their quest to succeed Make a contribution – a positive contribution to children’s lives Help every child to achieve economic stability This enabled multiple agencies to work together to achieve these goals. Ineffective MAW was the main shortfall highlighted by Lord Laming; he sought for inconsistencies within the system to be clarified and the Safeguarding process made clearer for all those concerned.