Children Act 1989
(CA 1989)
The principal statute governing child welfare, child protection, and family proceedings involving children in England and Wales. Establishes the welfare principle (s.1), parental responsibility (s.2-3), care orders (s.31), child protection (s.47), and looked-after children (Part 3). Children Act 2004 supplements with safeguarding partnerships.
The Children Act 1989 created modern child law in England and Wales. Section 1 establishes that the child's welfare is paramount in all decisions. The welfare checklist (s.1(3)) lists factors the court must consider. Section 31(2) sets the threshold for care orders — that the child is suffering or likely to suffer significant harm attributable to the care given. Section 17 imposes the 'child in need' duty on councils. Section 47 imposes the investigation duty on suspected significant harm. Section 22 governs looked-after children. Public law (state intervention) and private law (parental disputes) both run under the Act.
Related terms
Related guides
Parental Responsibility
Parental responsibility (PR) is the legal term for all the rights, duties, powers, and responsibilities that a parent has in relation to a child and their property. Having parental responsibility gives you a say in major decisions about your child's life — including education, medical treatment, and where they live. Not all parents automatically have it.
6 min
Child Arrangements Orders
A Child Arrangements Order (CAO) is a court order setting out the arrangements for where a child lives and how much time they spend with each parent or other person. They replaced the old residence and contact orders in 2014. The family court encourages parents to agree arrangements without court intervention, and before making an application you must attend a Mediation Information and Assessment Meeting (MIAM) in most cases. The court's primary concern in every case is the welfare of the child.
10 min
Care Proceedings: When the Council Applies to Take a Child into Care
When social services decide a child is at risk, they can apply to the court for a Care Order under section 31 of the Children Act 1989. The process is fast (26 weeks), the consequences are profound, and you have strong rights — including non-means-tested legal aid. This guide explains the threshold test, the proceedings, the orders the court can make, and the practical steps that affect outcomes.
11 min