By David Foster

he child protection system in England is grounded in the Children Act 1989, as amended. Statutory guidance published by the Government, Working Together to Safeguard Children, provides detailed information on the core legal requirements.

The Children Act 1989 establishes several key principles, including

• The concept of parental responsibility.

• That a child’s welfare is the main consideration when the court is considering a question about a child’s upbringing.

• That children are best looked after by their family unless intervention in family life is essential.

The Act places a general duty on local authorities to promote and safeguard the welfare of children in need in their area by providing a range of services appropriate to those children’s needs (section 17). It additionally sets out what a local authority must do when it has reasonable cause to suspect that a child in its area is suffering, or is likely to suffer, significant harm (section 47).

Section 31 of the Act sets out the circumstances under which a court may make an order placing a child in local authority care (a care order). The Act also sets out the functions of local authorities in relation to looked after children, including a duty under section 22(3) to safeguard and promote their welfare.

Research Briefing. London: UK. Parliament, House of Commons, Library, 2023. 23p.