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Children Act 1989

Children Act 1989

1989 c.41 · 199 provisions

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.

Part I: Introductory

Section 1: Welfare of the child.
Section 2: Parental responsibility for children.
Section 3: Meaning of "parental responsibility".
Section 4: Acquisition of parental responsibility by father.
Section 4ZA: Acquisition of parental responsibility by second female parent
Section 4A: Acquisition of parental responsibility by step-parent
Section 5: Appointment of guardians.
Section 6: Guardians: revocation and disclaimer.
Section 7: Welfare reports.

Part II: Orders With Respect To Children In Family Proceedings

Section 8: Child arrangements orders and other orders with respect to children.
Section 9: Restrictions on making section 8 orders.
Section 10: Power of court to make section 8 orders.
Section 11: General principles and supplementary provisions.
Section 11A: ... Activity directions
Section 11B: ... Activity directions: further provision
Section 11C: ... Activity conditions
Section 11D: ... Activity conditions: further provision
Section 11E: ...Activity directions and conditions: making
Section 11F: ... Activity directions and conditions: financial assistance
Section 11G: ... Activity directions and conditions: monitoring
Section 11H: Monitoring contact and shared residence
Section 11I: Child arrangements orders: warning notices
Section 11J: Enforcement orders
Section 11K: Enforcement orders: further provision
Section 11L: Enforcement orders: making
Section 11M: Enforcement orders: monitoring
Section 11N: Enforcement orders: warning notices
Section 11O: Compensation for financial loss
Section 11P: Orders under section 11O(2): further provision
Section 12: Child arrangements orders and parental responsibility.
Section 13: Change of child's name or removal from jurisdiction.
Section 14: Enforcement of residence orders.
Section 14A: Special guardianship orders
Section 14B: Special guardianship orders: making
Section 14C: Special guardianship orders: effect
Section 14D: Special guardianship orders: variation and discharge
Section 14E: Special guardianship orders: supplementary
Section 14F: Special guardianship support services
Section 15: Orders for financial relief with respect to children.
Section 16: Family assistance orders.
Section 16A: Risk assessments

Part III: SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

Section 16B: Application to local authorities in England
Section 17: Provision of services for children in need, their families and others.
Section 17ZA: Young carers' needs assessments ...
Section 17ZB: Young carers' needs assessments: supplementary
Section 17ZC: Consideration of young carers' needs assessments
Section 17ZD: Parent carers' needs assessments ...
Section 17ZE: Parent carers' needs assessments: supplementary
Section 17ZF: Consideration of parent carers' needs assessments
Section 17ZG: Section 17 services: continued provision where EHC plan maintained
Section 17ZH: Section 17 services: transition for children to adult care and support
Section 17ZI: Section 17 services: provision after EHC plan no longer maintained
Section 17A: Direct payments
Section 17B: Vouchers for persons with parental responsibility for disabled children : Wales.
Section 18: Day care for pre-school and other children.
Section 19: Review of provision for day care, child minding etc.
Section 20: Provision of accommodation for children: general.
Section 21: Provision of accommodation for children in police protection or detention or on remand, etc.
Section 22: General duty of local authority in relation to children looked after by them.
Section 23: Provision of accommodation and maintenance by local authority for children whom they are looking after.
Section 22A: Provision of accommodation for children in care
Section 22B: Maintenance of looked after children
Section 22C: Ways in which looked after children are to be accommodated and maintained
Section 22D: Review of child's case before making alternative arrangements for accommodation
Section 22E: Children's homes provided by Secretary of State or Welsh Ministers
Section 22F: Regulations as to children looked after by local authorities
Section 22G: General duty of local authority to secure sufficient accommodation for looked after children
Section 23ZZA: Information and advice for promoting educational achievement
Section 23ZA: Duty of local authority to ensure visits to, and contact with, looked after children and others
Section 23ZB: Independent visitors for children looked after by a local authority
Section 23A: The responsible authority and relevant children.
Section 23B: Additional functions of the responsible authority in respect of relevant children.
Section 23C: Continuing functions in respect of former relevant children.
Section 23CZA: Arrangements for certain former relevant children to continue to live with former foster parents
Section 23CZB: England: further advice and support
Section 23CA: Further assistance to pursue education or training
Section 23D: Personal advisers.
Section 23E: Pathway plans.
Section 24: Persons qualifying for advice and assistance.
Section 24A: Advice and assistance.
Section 24B: Employment, education and training.
Section 24C: Information.
Section 24D: Representations: sections 23A to 24B.
Section 25: Use of accommodation for restricting liberty.
Section 25A: Appointment of independent reviewing officer
Section 25B: Functions of the independent reviewing officer
Section 25C: Referred cases
Section 26: Review of cases and inquiries into representations.
Section 26ZA: Representations: further consideration
Section 26ZB: Representations: further consideration (Wales)
Section 26A: Advocacy services
Section 27: Co-operation between authorities.
Section 28: Consultation with local education authorities.
Section 29: Recoupment of cost of providing services etc.
Section 30: Miscellaneous.
Section 30A: Meaning of appropriate national authority

Part IV: Care and Supervision

Section 31: Care and Supervision
Section 31A: Care orders: care plans
Section 32: Period within which application for order under this Part must be disposed of.
Section 33: Effect of care order.
Section 34: Parental contact etc. with children in care.
Section 35: Supervision orders.
Section 36: Education supervision orders.
Section 37: Powers of court in certain family proceedings.
Section 38: Interim orders.
Section 38A: Power to include exclusion requirement in interim care order.
Section 38B: Undertakings relating to interim care orders.
Section 39: Discharge and variation etc. of care orders and supervision orders.
Section 40: Orders pending appeals in cases about care or supervision orders.
Section 41: Representation of child
Section 42: Right of officer of the Service to have access to local authority records

Part V: Protection of Children

Section 43: Child assessment orders.
Section 44: Orders for emergency protection of children.
Section 44A: Power to include exclusion requirement in emergency protection order.
Section 44B: Undertakings relating to emergency protection orders.
Section 45: Duration of emergency protection orders and other supplemental provisions.
Section 46: Removal and accommodation of children by police in cases of emergency.
Section 47: Local authority's duty to investigate.
Section 48: Powers to assist in discovery of children who may be in need of emergency protection.
Section 49: Abduction of children in care etc.
Section 50: Recovery of abducted children etc.
Section 51: Refuges for children at risk.
Section 52: Rules and regulations.

Part VI: Community Homes

Section 53: Provision of community homes by local authorities.
Section 55: Determination of disputes relating to controlled and assisted community homes.
Section 56: Discontinuance by voluntary organisation of controlled or assisted community home.
Section 57: Closure by local authority of controlled or assisted community home.
Section 58: Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.

Part VII: Voluntary Homes and Voluntary Organisations

[Section 59: ` Provision of accommodation by voluntary organisations.](/legislation/ukpga-1989-41/s59)
Section 60: Voluntary homes.
Section 61: Duties of voluntary organisations.
Section 62: Duties of local authorities.

Part VIII: Registered Children's Homes

Section 63: Private children's homes etc.
Section 64: Welfare of children in children's homes.
Section 65: 2 Persons disqualified from carrying on, or being employed in children's homes.
Section 65A: Appeal against refusal of authority to give consent under section 65.

Part IX: PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN

Section 66: Privately fostered children.
Section 67: Welfare of privately fostered children.
Section 68: Persons disqualified from being private foster parents.
Section 69: Power to prohibit private fostering.
Section 70: Offences.

Part XA: Child Minding and Day Care for Children in . . . Wales

Section 79A: Child minders and day care providers.
Section 79B: Other definitions, etc.
Section 79C: Regulations etc. governing child minders and day care providers.
Section 79D: Requirement to register.
Section 79E: Applications for registration.
Section 79F: Grant or refusal of registration.
Section 79G: Cancellation of registration.
Section 79H: Suspension of registration.
Section 79J: Resignation of registration.
Section 79K: Protection of children in an emergency.
Section 79L: Notice of intention to take steps.
Section 79M: Appeals.
Section 79N: General functions of the Chief Inspector.
Section 79P: Early years child care inspectorate.
Section 79Q: Inspection of provision of child minding and day care in England.
Section 79R: Reports of inspections.
Section 79S: General functions of the Assembly.
Section 79T: Inspection: Wales.
Section 79U: Rights of entry etc.
Section 79V: Function of local authorities.
Section 79W: Requirement for certificate of suitability.
Section 79X: Time limit for proceedings.

Part XI: Secretary of State's Supervisory Functions and Responsibilities

Section 80: Inspection of children's homes etc. by persons authorised by the Appropriate National Authority.
Section 81: Inquiries.
Section 82: Financial support by Secretary of State.
Section 83: Research and returns of information.
Section 84: Local authority failure to comply with statutory duty: default power of Secretary of State.

Part XII: Miscellaneous and General

Section 85: Children accommodated by health authorities and local education authorities.
Section 86: Children accommodated in care homes or independent hospitals.
Section 86A: Visitors for children notified to local authority ...
Section 87: Welfare of children in boarding schools and colleges.
Section 87A: Suspension of duty under section 87(3).
Section 87B: Duties of inspectors under section 87A.
Section 87BA: Quality assurance of inspectors under section 87A
Section 87C: Boarding schools: national minimum standards.
Section 87D: Annual fee for boarding school inspections.
Section 88: Amendments of adoption legislation.
Section 90: Care and supervision orders in criminal proceedings.
Section 91: Effect and duration of orders etc.
Section 91A: Section 91(14) orders: further provision
Section 92: Jurisdiction of courts.
Section 93: Rules of court.
Section 94: Appeals.
Section 95: Attendance of child at hearing under Part IV or V.
Section 96: Evidence given by, or with respect to, children.
Section 97: Privacy for children involved in certain proceedings.
Section 98: Self-incrimination.
Section 99: .
Section 100: Restrictions on use of wardship jurisdiction.
Section 101: Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
Section 102: Power of constable to assist in exercise of certain powers to search for children or inspect premises.
Section 103: Offences by bodies corporate.
Section 104: Regulations and orders.
Section 104A: Regulations made by the Welsh Ministers under section 31A or Part 7
Section 105: Interpretation.
Section 106: Financial provisions.
Section 107: Application to Channel Islands.
Section 108: Short title, commencement extent etc.

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About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.