Children Act 1989 in Scotland
1989 c. 41 · Enacted 16 November 1989 · Extends to United Kingdom
C1C2C3C4C5E1C6C7C8C9An 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.
[16th November 1989]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C10
Annotations to the whole text
Modifications
- C1
Act amended by Army Act 1955 (c. 18), Sch. 5A para. 7(3)-(4) (as substituted by Children Act 1989 (c. 41, SIF 20), s. 108(4)(6), Sch. 12 para. 8(2), Sch. 14 para. 27(4))
- C2
Act amended (1.11.1994) by Human Fertilisation and Embryology Act 1990 (c. 37, SIF 83:1), ss. 30(8)(a), 39(3), 43(2); S.I. 1994/1776, art. 2(2)
- C3
Act modified (1.6.1996) by Armed Forces Act 1991 (c. 62, SIF 7:1), s. 21(4)(b); S.I. 1996/1173, art. 2
- C4
Act modified (14.10.1991) by S.I. 1991/2032, art. 3(1).
Act modified (14.10.1991) by S.I. 1991/2032, art. 7(1).
Act (except for s. 41(8)) amended (1.1.1992) by S.I. 1991/2684, arts. 2(1), 4, Sch. 1
Act extended (E.W.) (30.9.1998) by 1998 c. 37, s. 11(6); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8).
Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 as amended (7.11.2003) by 2002 c. 38, ss. 145(1), 148 (with Sch. 4 paras. 6-8)
- C5
By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
- C6
Power to modify Act conferred (12.12.1996 for certain purposes and 1.4.1997 otherwise) by 1995 c. 36, ss. 33(5)(b)(with ss. 90, 103(1)); S.I. 1996/3201, art. 3(1)
- C7
Act definition of "parental responsibility" extended (E.W.S.) with modification (7.10.1996) by S.I. 1996/207, reg. 57(3)
Act definition of "Voluntary organisation" extended (7.10.1996) by S.I. 1996/207, reg. 78(9)(c)
- C8
Act applied (with modifications) (E.W.S) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16, Sch. 2 (as amended by S.I. 2010/2430, regs. 15, 17)
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Act modified (26.4.2010) by The Isles of Scilly (Children Act 1989) Order 2010 (S.I. 2010/1116), art. 2
- C10
Act applied (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 13(2)-(4)
Extent
- E1
For the extent of the provisions of this Act please see section 108(10)-(12).
Contents
- 3Meaning of “parental responsibility”.
- 4AAcquisition of parental responsibility by step-parent
- 11MEnforcement orders: monitoring
- 11NEnforcement orders: warning notices
- Special guardianship
- 14CSpecial guardianship orders: effect
- Financial relief
- 16ARisk assessments
- Part III: SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
- Application to local authorities in England
- 16BApplication to local authorities in England
- Provision of services for children and their families
- 17ZAYoung carers' needs assessments ...
- 17ZBYoung carers' needs assessments: supplementary
- 17ZCConsideration of young carers' needs assessments
- 17ZDParent carers' needs assessments ...
- 17ZEParent carers' needs assessments: supplementary
- 17ZFConsideration of parent carers' needs assessments
- 17ZGSection 17 services: continued provision where EHC plan maintained
- 17ZHSection 17 services: transition for children to adult care and support
- 17ZISection 17 services: provision after EHC plan no longer maintained
- 22AProvision of accommodation for children in care
- 22BMaintenance of looked after children
- 22DReview of child's case before making alternative arrangements for accommodation
- 22EChildren’s homes provided by Secretary of State or Welsh Ministers
- 22FRegulations as to children looked after by local authorities
- 22GGeneral duty of local authority to secure sufficient accommodation for looked after children
- 22HKinship care: information
- 22ISection 22H: interpretation
- Educational achievement of previously looked after children
- 23ZZAInformation and advice for promoting educational achievement
- 23CZBEngland: further advice and support
- Secure accommodation
- 25Use of accommodation for restricting liberty.
- 26ZARepresentations: further consideration Repealed
- General
- 31ZAFamily group decision-making
- Care orders
- Supervision orders
- 35Supervision orders.
- 37Powers of court in certain family proceedings.
- 38APower to include exclusion requirement in interim care order.
- 40Orders pending appeals in cases about care or supervision orders.
- Guardians ad litem
- Part V: Protection of Children
- 50Recovery of abducted children etc.
- 55Determination of disputes relating to controlled and assisted community homes.
- 56Discontinuance by voluntary organisation of controlled or assisted community home.
- 57Closure by local authority of controlled or assisted community home.
- 61Duties of voluntary organisations.
- 69Power to prohibit private fostering.
- 70Offences.
- Part XI: Secretary of State’s Supervisory Functions and Responsibilities
- Part XII: Miscellaneous and General
- 87BAQuality assurance of inspectors under section 87A
- 87BBInformation sharing between the Chief Inspector for England and section 87A inspectors
- 87DAnnual fee for boarding school inspections.
- Adoption
- 88Amendments of adoption legislation.
- 101Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
- General
- 104Regulations and orders.
- 104ARegulations made by the Welsh Ministers under section 31A or Part 7
- 105Interpretation.
- 108Short title, commencement extent etc.
- Schedule A1: Enforcement orders
- Part 1: Unpaid work requirement
- The responsible officer etc
- 1Paragraph 1
- Obligations of responsible officer
- 2Paragraph 2
- Enforcement order to specify relevant person's home local justice area
- 3Paragraph 3
- Requirement and obligation of relevant person
- 3AParagraph 3A
- Number of hours of unpaid work to be specified in order
- 3BParagraph 3B
- Duty to keep in touch with responsible officer
- 3CParagraph 3C
- Rules relating to enforcement orders
- 3DParagraph 3D
- Part 2: Revocation, amendment or breach of enforcement order
- Power to revoke
- 4Paragraph 4
- Amendment by reason of change of residence
- 5Paragraph 5
- Amendment of hours specified under unpaid work requirement
- 6Paragraph 6
- ...
- 7Paragraph 7 Repealed
- Warning and report following breach
- 8Paragraph 8
- Breach of an enforcement order
- 9Paragraph 9
- Provision relating to amendment of enforcement orders
- 10Paragraph 10
- Orders for financial relief against parents
- Orders for financial relief for persons over eighteen
- Duration of orders for financial relief
- Matters to which court is to have regard in making orders for financial relief
- Provisions relating to lump sums
- Variation etc. of orders for periodical payments
- Variation of orders for periodical payments etc. made by magistrates’ courts
- Variation of orders for secured periodical payments after death of parent
- Financial relief under other enactments
- Interim orders
- Alteration of maintenance agreements
- Enforcement of orders for maintenance
- Direction for settlement of instrument by conveyancing counsel
- Local authority contribution to child’s maintenance
- Interpretation
- Schedule 2: SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
- Application to local authorities in England
- A1Paragraph A1
- Identification of children in need and provision of information
- Children’s services plans
- Maintenance of a register of disabled children
- 2Paragraph 2
- Assessment of children’s needs
- Prevention of neglect and abuse
- Provision of accommodation in order to protect child
- 5Paragraph 5
- Provision for disabled children
- Provision to reduce need for care proceedings etc.
- Provision for children living with their families
- 8Paragraph 8
- Provision for accommodated children
- Family centres
- 9Paragraph 9
- Maintenance of the family home
- 10Paragraph 10
- Duty to consider racial groups to which children in need belong
- 11Paragraph 11
- Regulations as to placing of children with local authority foster parents
- 12Paragraph 12
- Regulations as to arrangements under section 23(2)(f)
- 13Paragraph 13
- Regulations as to conditions under which child in care is allowed to live with parent, etc.
- 14Paragraph 14
- Regulations as to conditions under which child in care is allowed to live with parent, etc
- 12AParagraph 12A
- Regulations as to placements of a kind specified in section 22C(6)(d)
- 12BParagraph 12B
- Placements out of area
- 12CParagraph 12C
- Avoidance of disruption in education
- 12DParagraph 12D
- Regulations as to placing of children with local authority foster parents
- 12EParagraph 12E
- 12GParagraph 12G
- Promotion and maintenance of contact between child and family
- Visits to or by children: expenses
- 16Paragraph 16
- Appointment of visitor for child who is not being visited
- Power to guarantee apprenticeship deeds etc.
- 18Paragraph 18
- Arrangements to assist children to live abroad
- Preparation for ceasing to be looked after
- 19AParagraph 19A
- Preparation for ceasing to be looked after: staying put arrangements
- 19CParagraph 19C
- Death of children being looked after by local authorities
- Part III: Contributions Towards Maintenance of Children Looked After by Local Authorities in England
- 22Paragraph 22
- 23Paragraph 23
- Enforcement of contribution orders etc.
- 24Paragraph 24
- Part I: General
- Meaning of “responsible person"
- 1Paragraph 1
- Power of supervisor to give directions to supervised child
- 2Paragraph 2
- Imposition of obligations on responsible person
- 3Paragraph 3
- Psychiatric and medical examinations
- Psychiatric and medical treatment
- Part II: Miscellaneous
- Life of supervision order
- 6Paragraph 6
- Limited life of directions
- 7Paragraph 7 Repealed
- Information to be given to supervisor etc.
- 8Paragraph 8
- Selection of supervisor
- Effect of supervision order on earlier orders
- 10Paragraph 10
- Local authority functions and expenditure
- 11Paragraph 11
- Part III: Education supervision orders
- Effect of orders
- 12Paragraph 12
- Effect where child also subject to supervision order
- Duration of orders
- 15Paragraph 15
- Information to be given to supervisor etc.
- 16Paragraph 16
- Discharge of orders
- Offences
- 18Paragraph 18
- Persistent failure of child to comply with directions
- Miscellaneous
- 20Paragraph 20
- Interpretation
- Part I: Instruments of Management
- Instruments of management for controlled and assisted community homes
- 1Paragraph 1
- 2Paragraph 2
- Part II: Management of Controlled and Assisted Community Homes
- Part III: Regulations
- Part I: Registration of Voluntary Homes
- General
- Procedure
- Right to make representations
- Decision of Secretary of State
- Appeals
- Notification of particulars with respect to voluntary homes
- Part II: Regulations as to Voluntary Homes
- Regulations as to conduct of voluntary homes
- Disqualification
- Part I: Registration
- Application for registration
- Conditions imposed on registration
- Annual review of registration
- Cancellation of registration
- Procedure
- Right to make representations
- Decision of local authority
- Appeals
- Prohibition on further applications
- Part II: Regulations
- Interpretation
- 1Paragraph 1
- The usual fostering limit
- 2Paragraph 2
- Siblings
- 3Paragraph 3
- Exemption by local authority
- 4Paragraph 4
- Effect of exceeding fostering limit
- 5AParagraph 5A
- Complaints etc.
- 6Paragraph 6
- Exemptions
- 1Paragraph 1
- 4Paragraph 4
- Power of local authority to impose requirements
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- Appeals
- 8Paragraph 8
- Extension of Part IX to certain school children during holidays
- Prohibition of advertisements relating to fostering
- 10Paragraph 10
- Avoidance of insurances on lives of privately fostered children
- 11Paragraph 11
- Schedule 9
- Applications for registration
- Disqualification from registration
- Exemption of certain schools
- Exemption for other establishments
- Exemption for occasional facilities
- Certificates of registration
- Fees for annual inspection of premises
- Co-operation between authorities
- Schedule 10: Amendments of Adoption Legislation
- Part I: Amendments of Adoption Act 1976 (c. 36)
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- 9Paragraph 9 Repealed
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- 13Paragraph 13 Repealed
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23 Repealed
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 26Paragraph 26 Repealed
- 27Paragraph 27 Repealed
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- Part II: Amendments of Adoption (Scotland) Act 1978 (c. 28)
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41 Repealed
- 42Paragraph 42 Repealed
- 43Paragraph 43 Repealed
- 44Paragraph 44 Repealed
- 45Paragraph 45 Repealed
- 46Paragraph 46 Repealed
- Commencement of proceedings Repealed
- Transfer of proceedings Repealed
- Hearings by single justice Repealed
- General Repealed
- Part II: Consequential Amendments
- The Administration of Justice Act 1964 (c. 42)
- 5Paragraph 5
- The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)
- The Justices of the Peace Act 1979 (c. 55)
- The Magistrates’ Courts Act 1980 (c. 43)
- The Matrimonial and Family Proceedings Act 1984 (c. 42)
- 10Paragraph 10
- The Insolvency Act 1986 (c. 45)
- 11Paragraph 11
- Schedule 12: Minor Amendments
- The Custody of Children Act 1891 (c. 3)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- The Army Act 1955 (c. 18)
- 7Paragraph 7
- 8Paragraph 8 Repealed
- The Air Force Act 1955 (c. 19)
- 9Paragraph 9
- 10Paragraph 10 Repealed
- 15Paragraph 15
- 17Paragraph 17
- The Naval Discipline Act 1957 (c. 53)
- 18Paragraph 18 Repealed
- 19Paragraph 19
- The Children and Young Persons Act 1969 (c. 54)
- 27Paragraph 27
- 30Paragraph 30
- 32Paragraph 32
- 33Paragraph 33
- 35Paragraph 35
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- The Foster Children (Scotland) Act 1984 (c. 56)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
- 44Paragraph 44
- Schedule 13: Consequential Amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 11Paragraph 11
- 12Paragraph 12
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- The Social Work (Scotland) Act 1968 (c. 49)
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24 Repealed
- 25Paragraph 25 Repealed
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 31Paragraph 31
- The Employment of Children Act 1973 (c. 24)
- 32Paragraph 32 Repealed
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 43Paragraph 43
- The Armed Forces Act 1981 (c. 55)
- 46Paragraph 46
- The Civil Jurisdiction and Judgments Act 1982 (c. 27)
- 47Paragraph 47
- The Mental Health (Scotland) Act 1984 (c. 36)
- 50Paragraph 50 Repealed
- 51Paragraph 51
- 52Paragraph 52
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- The Child Abduction and Custody Act 1985 (c. 60)
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- The Family Law Act 1986 (c. 55)
- 62Paragraph 62
- 63Paragraph 63
- 67Paragraph 67
- 68Paragraph 68
- 71Paragraph 71
- 72Paragraph 72
- Schedule 14: Transitionals and Savings
- Pending proceedings, etc.
- 1Paragraph 1
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 16AParagraph 16A
- 17Paragraph 17
- 18Paragraph 18
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Nurseries and child minding
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Schedule 15Repeals