Children Act 1989
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| Long title | An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes. |
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| Citation | 1989 Chapter 51 |
| Introduced by | The Lord Chancellor, Lord Mackay of Clashfern, 23 November 1988 |
| Territorial extent | England and Wales, Scotland, Northern Ireland |
| Dates | |
| Royal assent | 16 November 1989 |
| Commencement | 16 November 1989; S. 89, S. 96(3)-(7), Paragraph 35 of Schedule 12 16 January 1990; Paragraph 36 of Schedule 12 1 May 1991; Paragraph 21 of Schedule 10, S. 88(1) 14 October 1991; The whole Act 1 February 1992; S. 5 (11 & 12) |
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Status: Amended
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| Text of statute as originally enacted | |
| Revised text of statute as amended | |
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. It centres on the idea that children are best cared for within their own families; however, it also makes provisions for instances when parents and families do not co-operate with statutory bodies.
The Children Bill was announced as part of the Queen's Speech on 22 November 1988 and formally introduced to the House of Lords the following day by the Lord Chancellor, Lord Mackay of Clashfern. The Bill was given its second reading in the Lords on 6 December, and was passed to the committee stage on 13 December. Committee debates were held on 19 and 20 December and 23 January 1989. It reached the report stage on 2 February, with debates on 6, 7 and 16 February. On 16 March the Bill was given its third reading in the Lords before being passed to the House of Commons.
The Bill was given its second reading in the Commons on 27 April. It was granted Royal Assent on 16 November 1989 and became an Act.
The Children Act 1989 states that children's welfare should be the paramount concern of the courts. It also specifies that any delays in the system processes will have a detrimental impact on a child’s welfare. The court should take into account the child’s wishes; physical, emotional and educational needs; age; sex; background circumstances; the likely effect of change on the child; the harm the child has suffered or is likely to suffer; parent's ability to meet the child’s needs and the powers available to the court.
Parental responsibility is defined in the Act as "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property". If the child’s parents are married both have parental responsibility; if they are unmarried, the father does not automatically have parental responsibility however. A father of a child, who was not married to the mother at the time of birth may apply to the courts for parental responsibility, or this may be done through mutual agreement between the mother (or child) and father. The Act specifies that more than one person can have parental responsibility, although they can act alone in decision making for the child. If a child does not have anyone to care for them with parental responsibility a guardian can be appointed by the court. That appointment can be overturned on application of the parent with parental responsibility, by the child or in family proceedings.
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