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2010 Journal of Children's Services
This review sets out the legislative amendments that have been made to the Children Act 1989 since it was implemented in 1991. It highlights the most significant changes to the original wording of the Act, with brief summaries of the relevant background and references to comment by leading figures in law and social work. The review follows the structure of the Act, beginning with the welfare principle and covering: private law provisions; local authority duties to children in need; care orders; and child protection. It is concluded that the majority of the amendments have arisen through increased recognition of the impact of domestic violence on children, campaigning by the fathers' rights movements and the economic pressures on local authorities that have prevented the provision of adequate services to children in need.
2010 Journal of Children s Services
This review sets out the legislative amendments that have been made to the Children Act 1989 since it was implemented in 1991. It highlights the most significant changes to the original wording of the Act, with brief summaries of the relevant background and references to comment by leading figures in law and social work. The review follows the structure of the Act, beginning with the welfare principle and covering: private law provisions; local authority duties to children in need; care orders; and child protection. It is concluded that the majority of the amendments have arisen through increased recognition of the impact of domestic violence on children, campaigning by the fathers' rights movements and the economic pressures on local authorities that have prevented the provision of adequate services to children in need.
2010 Journal of Children s Services
This article gives an account of the cases in which the Children Act 1989 has been interpreted and applied by the highest courts in the UK, the appellate committee of the House of Lords until October 2009 when their jurisdiction was taken over by the new Supreme Court of the UK. It explains the reasoning behind those decisions and how they did, or did not, reflect the thinking of the original framers of the Act. It concludes that, by and large, the Act has stood up well to judicial scrutiny but that the Human Rights Act 1998 has brought new challenges to which it must respond.
2010 Journal of Children's Services
This article gives an account of the cases in which the Children Act 1989 has been interpreted and applied by the highest courts in the UK, the appellate committee of the House of Lords until October 2009 when their jurisdiction was taken over by the new Supreme Court of the UK. It explains the reasoning behind those decisions and how they did, or did not, reflect the thinking of the original framers of the Act. It concludes that, by and large, the Act has stood up well to judicial scrutiny but that the Human Rights Act 1998 has brought new challenges to which it must respond.
2010 Journal of Children's Services
The origins and surrounding politics of the three Children Acts of 1908, 1948 and 1989 are examined in order to see why and how they evolved when they did and to consider what, if any, generalisations emerge.
2010 Journal of Children s Services
The origins and surrounding politics of the three Children Acts of 1908, 1948 and 1989 are examined in order to see why and how they evolved when they did and to consider what, if any, generalisations emerge.
2010 Journal of Children s Services
This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date.
2010 Journal of Children's Services
This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell-by’ date.
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