Children Act 1989

Children Act 1989
Act of Parliament
Long titleAn 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.
Citation1989 c. 41
Introduced byThe Lord Chancellor, Lord Mackay of Clashfern, 23 November 1988[1]
Territorial extent England and Wales
(only partially in Wales)
Dates
Royal assent16 November 1989 (1989-11-16)[2]
Commencement
  • 16 November 1989 (1989-11-16): s. 89, s. 96(3)–(7), paragraph 35 of Schedule 12[3]
  • 16 January 1990 (1990-01-16): Paragraph 36 of Schedule 12[3]
  • 1 May 1991 (1991-05-01); Paragraph 21 of Schedule 10, s. 88(1)[4]
  • 14 October 1991 (1991-10-14): the rest of the Act[4]
  • 1 February 1992 (1992-02-01): s. 5 (11 & 12)[5]
Other legislation
Amended by
Repealed byIn Scotland:

Children (Scotland) Act 1995
In Northern Ireland:

Children (Northern Ireland) Order 1995
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991.[6][note 1] In 1995, for the purposes of devolution, the Act was replaced by parallel legislation in Scotland and Northern Ireland.[9][10] In 2016, Part III of the Act was replaced in Wales.[11]

The Act is described as the most substantial reforms to children's law of the 20th century.[12]

The Act 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.

  1. ^ "HL Deb 23 November 1988 vol 502 c21". Parliamentary Debates (Hansard). House of Lords. 23 November 1988. col. 21.
  2. ^ "House of Commons Thursday 16 November 1989". Parliamentary Debates (Hansard). House of Commons. 16 November 1989. col. 457.
  3. ^ a b Children Act 1989, s. 108(2)
  4. ^ a b "The Children Act 1989 (Commencement and Transitional Provisions) Order 1991", legislation.gov.uk, The National Archives, SI 1991/828
  5. ^ "The Children Act 1989 (Commencement No. 2—Amendment and Transitional Provisions) Order 1991", legislation.gov.uk, The National Archives, SI 1991/1990
  6. ^ Children Act 1989 (Commencement and Transitional Provisions) Order 1991, Art 3(2)
  7. ^ Children Act 1989 (Commencement and Transitional Provisions) Order 1991, Art 3(1)
  8. ^ Children Act 1989 (Commencement No 2-Amendment and Transitional Provisions) Order 1991, Art 2
  9. ^ Children (Scotland) Act 1995
  10. ^ The Children (Northern Ireland) Order 1995
  11. ^ Social Services and Wellbeing (Wales) Act 2014
  12. ^ Masson, Judith (1992). "Implementing Change for Children: Action at the Centre and Local Reaction". Journal of Law and Society. 19 (3): 320–338. doi:10.2307/1409908. JSTOR 1409908 – via JSTOR.


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