Making Sense of the Children Act 1989

Nick Allen, BA, M. Phil, lectures in Family Law, Immigration Law and Public Law at Nottingham Trent University, which he joined after working for the Official Solicitor and a London Local authority. He was closely involved in the consultation exercise conducted by the Law Commission Prior to the Children Act and has lectured and trained extensively on the Act. His other publications include Making Sense of the New Adoption Law (Russell House Publishing, 2003).

"...fascinating book...a must..." (Professional Social Work, February 06)

• About the Author xiPreface xiiiAcknowledgements xvii1 Introduction 1Why the Children Act Is Different 1Public and Private Child Law 2Background to the Act 3The Scheme and Style of the Children Act 4Amendments to the Act Since 1989 5Rules, Regulations and Orders Made under the Act 6The Children Act Guidance 6The Children Act Advisory Committee 7Scotland, Northern Ireland andWales 8Notes 92 Parental Responsibility 10Parental Responsibility: What It Is and What It Isn’t 10The Initial Allocation of Parental Responsibility 11The Acquisition of Parental Responsibility 13The Sharing of Parental Responsibility 21The Content of Parental Responsibility 22The Exercise of Parental Responsibility 24The Cessation of Parental Responsibility 27The Position of People Who Do Not Have Parental Responsibility 30Notes 313 Court Orders in Favour of Parents 32Introduction 32Private Law Orders under the Previous Law 32The Scheme of Part II of the Children Act 33When Orders Can Be Made 34Contact Orders 34Residence Orders 44Prohibited Steps Orders 50Specific Issue Orders 52Supplementary Conditions Attached to Orders 52Family Assistance Orders 54The Exercise of the Court’s Discretion 56Procedure and Evidence 60Interim Section 8 Orders 62Welfare Reports 63Separate Representation of the Child 63Section 8 Orders and Divorce 64The Duration of Section 8 Orders 65Preventing Further Litigation 66Notes 674 Court Orders in Favour of Non-parents 70The Scope of the Present Chapter 70Section 8 Orders in Favour of Non-parents 70Special Rules for Non-parents’ Applications 71The Effect of a Section 8 Order 75Applications by Children for Section 8 Orders 77Applications after Adoption 79Applications by Local Authorities and Voluntary Organizations 81Other Aspects of Non-parental Applications for Section 8 Orders 82Orders without Applications 83Special Guardianship Orders 83Notes 865 Local Authority Support for Children and Families 87The Scope of the Present Chapter 87Children in Need 88The Provision of Services for Children and Families 91Assessment of the Needs of Individual Children 92The General Duty of the Local Authority: Section 17(1) 93The Specific Duties and Powers in Schedule 2 94Assistance in Kind and Assistance in Cash 98Day Care for the Under-fives and Supervision of Schoolchildren 100Charges for Local Authority Services 101Co-operation between Authorities 102Complaints 102Child Protection and Children in Need 103Notes 1046 Accommodating Children Under Section 20 105Accommodation as a Support Service 105The Powers and Duties under Section 20 106The Relationship with Section 17 Accommodation 107The Parental Veto 107Can the Provision of Accommodation Be Demanded? 108Does the Child Have a Say? 109The Position When Accommodation Is Provided 110Removal from Accommodation 133Help on Leaving Accommodation 136The Acquisition of Control by the Authority 140The Acquisition of Control by Individuals 141Notes 1427 Compulsory Intervention on Child Protection Grounds 144Introduction 144The Three Stages of Policy Development 145Section 47 Child Protection Investigations 150Enquiries before an Investigation: The Initial Assessment 154The Relationship between Section 47 and the Children in Need Provisions 156Investigations into Alleged Sexual Abuse 158Investigations during Private Law Proceedings 159Court-ordered Investigations under Section 37 161Notes 1618 Emergency Protection Orders and Child Assessment Orders 163Introduction 163The Emergency Protection Order 164The Child Assessment Order 179CAO or EPO? 184Notes 1859 Police Powers 187The Power of the Police to Act of Their Own Motion 187Police Applications for Emergency Protection Orders 190Criminal Investigations 190The Role of the Police in Assisting Officials 192Police Involvement in the Recovery of Abducted or Missing Children 194Notes 19410 Care Orders 195Introduction 195Applicants for a Care Order 196The Children Concerned 197The Grounds for a Care Order 197When an Application Can Be Made 206The Discretion to Apply for a Care Order 206The Processing of a Care Order Application 208The Role of the Court 220The Legal Effect of a Care Order 222The Duration of a Care Order 240The Making of Other Orders on a Care Order Application 243Care Order or Supervision Order? 244Care Order or Residence Order? 246Interim Care Orders 248Aftercare 256Notes 25611 Supervision Orders 259Introduction 259Matters on Which the Rules Coincide with Those Governing Care Orders 260The Legal Effect of a Supervision Order 261Matters Which May Not Be Regulated by an Order 264The Duration of a Supervision Order 264Variation of the Supervision Order 265Interim Supervision Orders 265Obstruction of the SocialWorker 266Supervision Order or Care Order? 267Notes 26712 Courts and Appeals against Court Decisions 268The Concurrent Jurisdiction Principle 268The Subordinate Provisions 269Questions Arising under the Human Rights Act 1998 272A Family Court? 273Appeals against Court Decisions 274Notes 27713 Welfare Reports, Children’s Guardians and CAFCASS 278CAFCASS 278Welfare Reports 280Children’s Guardians 284Separate Representation for Children in Private Law Cases 293Referrals to CAFCASS by Independent Reviewing Officers 295In-court Conciliation in Private Law Cases 295Post-contact Order Follow-up 296Notes 29614 Wardship and the Inherent Jurisdiction of the High Court 298Introduction 298The Inherent Jurisdiction of the High Court 299Public Law Cases: The Effect of Section 100 299Private Law Cases 302The Decline of the Inherent Jurisdiction 304Notes 30415 Adoption 305Introduction 305Non-agency Adoptions 306Agency Adoptions 307Making Section 8 Orders in Adoption Proceedings 309Applications for Section 8 Orders Following Adoption 311Notes 31116 Local Authority Foster Carers 312Foster Carer: The Statutory Definition 312The Decision to Use Fostering 313The Fostering Services Regulations 2002 313The National Minimum Standards for Fostering Services 314Foster Carer Recruitment 314Limit on Number of Children 315Complaints from Foster Carers 315Applications for Section 8 Orders 316Applications for an Adoption Order 316Applications for Special Guardianship 316Notes 317Appendix: The Children Act 2004 319Bibliography 325Index 329