Children's Welfare and the Law

The primary legislation that governs the family court in England is the Children Act 1989. There is parallel legislation in the devolved governments. This chapter describes the legislation and later modifications in subsequent Acts. The Human Rights Act also bears on decisions regarding arrangements for the care of a child. Parental responsibility (PR) gives anyone who holds it the power to make day-to-day decisions about a child, but major decisions require consultation and agreement between all parties who hold PR for the child. The court follows a ‘no order principle’ unless an order is deemed necessary for the welfare of the child. If a child is believed to have been harmed or likely to be harmed by the care given, the local authority is required to provide evidence that ‘threshold criteria’ have been met. The Public Law Outline (PLO) sets a 26-week timetable for the completion of public law proceedings. Experts need to ensure that they are able to comply with the timetable, delay being inimitable to the welfare of the child. Private law proceedings involve disagreements between parents who are contesting the arrangements for care of the child. The court may make child arrangements, prohibited steps or specific issue orders. Children in private proceedings may be made a ‘party’ to the case with their own separate representation.