Children Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 28A — Application of Act to authorities having functions under the Children Act 1989.
Application of Act to authorities having functions under the Children Act 1989. 28A This Act applies with respect to disabled children in relation to whom a local authority have functions under Part…
Section 29 — Recoupment of cost of providing services etc.
Recoupment of cost of providing services etc. 29 1 Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person…
Section 30 — Miscellaneous.
Miscellaneous. 30 1 Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment. 2 Any question arising under section 20(2), 21(3) or 29(7) to (9) as to…
Section 30A — Meaning of appropriate national authority
Meaning of appropriate national authority 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 31 — Care and Supervision
Care and Supervision 31 1 On the application of any local authority or authorised person, the court may make an order— a placing the child with respect to whom the application is made in the care of…
Section 32 — Period within which application for order under this Part must be disposed of.
Period within which application for order under this Part must be disposed of. 32 1 A court in which an application for an order under this Part is proceeding shall (in the light of any provision in…
Section 33 — Effect of care order.
Effect of care order. 33 1 Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him…
Section 34 — Parental contact etc. with children in care.
Parental contact etc. with children in care. 34 1 Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section…
Section 35 — Supervision orders.
Supervision orders. 35 1 While a supervision order is in force it shall be the duty of the supervisor— a to advise, assist and befriend the supervised child; b to take such steps as are reasonably…
Section 36 — Education supervision orders.
Education supervision orders. 36 1 On the application of any local authority , the court may make an order putting the child with respect to whom the application is made under the supervision of a…
Section 37 — Powers of court in certain family proceedings.
Powers of court in certain family proceedings. 37 1 Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be…
Section 38 — Interim orders.
Interim orders. 38 1 Where— a in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or b the court gives a direction under section 37(1), the…
Section 38A — Power to include exclusion requirement in interim care order.
Power to include exclusion requirement in interim care order. 38A 1 Where— a on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as…
Section 38B — Undertakings relating to interim care orders.
Undertakings relating to interim care orders. 38B 1 In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the…
Section 39 — Discharge and variation etc. of care orders and supervision orders.
Discharge and variation etc. of care orders and supervision orders. 39 1 A care order may be discharged by the court on the application of— a any person who has parental responsibility for the child;…
Section 40 — Orders pending appeals in cases about care or supervision orders.
Orders pending appeals in cases about care or supervision orders. 40 1 Where— a a court dismisses an application for a care order; and b at the time when the court dismisses the application, the…
Section 41 — Representation of child
Representation of child 41 1 or the purpose of any specified proceedings, the court shall appoint an officer of the Service or a Welsh family proceedings officer for the child concerned unless…
Section 42 — Right of officer of the Service to have access to local authority records
Right of officer of the Service to have access to local authority records 42 1 Where an officer of the Service or Welsh family proceedings officer has been appointed under section 41 he shall have…
Section 43 — Child assessment orders.
Child assessment orders. 43 1 On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but…
Section 44 — Orders for emergency protection of children.
Orders for emergency protection of children. 44 1 Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the…
Section 44A — Power to include exclusion requirement in emergency protection order.
Power to include exclusion requirement in emergency protection order. 44A 1 Where— a on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order…
Section 44B — Undertakings relating to emergency protection orders.
Undertakings relating to emergency protection orders. 44B 1 In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an…
Section 45 — Duration of emergency protection orders and other supplemental provisions.
Duration of emergency protection orders and other supplemental provisions. 45 1 An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the…
Section 46 — Removal and accommodation of children by police in cases of emergency.
Removal and accommodation of children by police in cases of emergency. 46 1 Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he…
Section 46A — Meaning of “parental responsibility".
Meaning of “parental responsibility". 46A In this Act “ parental responsibility ” has the same meaning as in the Children Act 1989.
Section 47 — Local authority’s duty to investigate.
Local authority’s duty to investigate. 47 1 Where a local authority— a are informed that a child who lives, or is found, in their area— i is the subject of an emergency protection order; or ii is in…
Section 48 — Powers to assist in discovery of children who may be in need of emergency protection.
Powers to assist in discovery of children who may be in need of emergency protection. 48 1 Where it appears to a court making an emergency protection order that adequate information as to the child’s…
Section 49 — Abduction of children in care etc.
Abduction of children in care etc. 49 1 A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he— a takes a child to whom this section applies away…
Section 50 — Recovery of abducted children etc.
Recovery of abducted children etc. 50 1 Where it appears to the court that there is reason to believe that a child to whom this section applies— a has been unlawfully taken away or is being…
Section 51 — Refuges for children at risk.
Refuges for children at risk. 51 1 Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State…
Section 52 — Rules and regulations.
Rules and regulations. 52 1 Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with…
Section 53 — Provision of community homes by local authorities.
Provision of community homes by local authorities. 53 1 Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— a…
Section 54 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Section 55 — Determination of disputes relating to controlled and assisted community homes.
Determination of disputes relating to controlled and assisted community homes. 55 1 Where any dispute relating to a controlled community home arises between the local authority specified in the…
Section 56 — Discontinuance by voluntary organisation of controlled or assisted community home.
Discontinuance by voluntary organisation of controlled or assisted community home. 56 1 The voluntary organisation by which a controlled or assisted community home is provided shall not cease to…
Section 57 — Closure by local authority of controlled or assisted community home.
Closure by local authority of controlled or assisted community home. 57 1 The local authority specified in the instrument of management for a controlled or assisted community home may give— a the…
Section 58 — Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises. 58 1 Where— a the instrument of management for a controlled or assisted community…
Section 59 — ` Provision of accommodation by voluntary organisations.
` Provision of accommodation by voluntary organisations. 59 1 Where a voluntary organisation provide accommodation for a child, they shall do so by— a placing him (subject to subsection (2)) with — i…
Section 60 — Voluntary homes.
Voluntary homes. 60 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In this Act “ voluntary home ” means a…
Section 61 — Duties of voluntary organisations.
Duties of voluntary organisations. 61 1 Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation— a to safeguard and promote his welfare; b…
Section 62 — Duties of local authorities.
Duties of local authorities. 62 1 Every local authority shall satisfy themselves that any voluntary organisation providing accommodation— a within the authority’s area for any child; or b outside…
Section 63 — Private children’s homes etc.
Private children’s homes etc. 63 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . .…
Section 64 — Welfare of children in children’s homes.
Welfare of children in children’s homes. 64 1 Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to— a safeguard and promote the…
Section 65 — 2 Persons disqualified from carrying on, or being employed in children’s homes.
2 Persons disqualified from carrying on, or being employed in children’s homes. 65 A1 A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be…
Section 65A — Appeal against refusal of authority to give consent under section 65.
Appeal against refusal of authority to give consent under section 65. 65A 1 An appeal against a decision of an appropriate authority under section 65 shall lie to the First-tier Tribunal . 2 On an…
Section 66 — Privately fostered children.
Privately fostered children. 66 1 In this Part— a “ a privately fostered child ” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their own home…
Section 67 — Welfare of privately fostered children.
Welfare of privately fostered children. 67 1 It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within…
Section 68 — Persons disqualified from being private foster parents.
Persons disqualified from being private foster parents. 68 1 Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child…
Section 69 — Power to prohibit private fostering.
Power to prohibit private fostering. 69 1 This section applies where a person— a proposes to foster a child privately; or b is fostering a child privately. 2 Where the local authority for the area…
Section 70 — Offences.
Offences. 70 1 A person shall be guilty of an offence if— a being required, under any provision made by or under this Part, to give any notice or information— i he fails without reasonable excuse to…