A Comprehensive Report on The Children Act 1989: Law and Practice

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This report provides a comprehensive overview of The Children Act 1989, a crucial piece of legislation in the United Kingdom designed to protect the wellbeing of children. It details the act's key goals, which include safeguarding children's rights and ensuring their welfare through the involvement of statutory bodies. The report explores the historical context behind the act's passage, highlighting the impact of child abuse cases in the 1980s and the shift towards child-centric decision-making. It delves into controversial aspects of the act, such as the Cleveland child abuse scandal, and examines recent legislation aimed at children's welfare. Furthermore, the report analyzes case law, including the Baby P case and the Laming Report, emphasizing the act's importance in professional practice and its role in guiding local authorities and statutory bodies. The report concludes by highlighting the act's significance in providing child protection and the responsibilities it places on various agencies.
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2019
Children Act 1989
Student’s Details
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Children Act 1989 1
Contents
The Children Act 1989....................................................................................................................2
Key Goals and importance...........................................................................................................2
Why do u think act passed by the parliament..............................................................................2
Controversial aspects of the act...................................................................................................3
Recent legislation for children welfares......................................................................................3
Learning from case Law (Baby P case and laming report).........................................................3
Importance of the act in professional practice.............................................................................4
Bibliography....................................................................................................................................5
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Children Act 1989 2
The Children Act 1989
The children act 1989 is a safeguard provided by the parliament of the country to protect
wellbeing of children in the country. This act assigns duties to local authorities of the country
like courts, parents and children care agencies of the United Kingdom to promote welfare and
safety of children. This act states that best care a child can get is his/her family and parents but
sometime they fail to provide care and wellbeing of the children, thus this act provides
involvement or interference of statutory bodies in such cases (Deltanet, 2019).
Key Goals and importance
The major aims of the acts are providing protections and safeguards to children by the
interference of statutory bodies the country. This act ensures optimum care and brought up of the
children within family and parent. This act also aims to clearly define to parents’ responsibility,
duties, powers and rights to eliminate potential risk on children’s rights, health and safety, and
their wishes and wellbeing. In order to children wellbeing and welfare court and statuary bodies
ensure, physical, emotional and educational needs, wishes, background circumstances, and
ability of parents to meet child's needs (Children Act 1989, 2015).
Why do you think act passed by the parliament
In the mid and late 80’s several child abuse cases came into light. The Kimberly Carlisle case
and the Cleveland child abuse case ware are two most important cases to shaken up to Judiciary
system of the country. Before the 1989, provisions that provide participation of parents in
decision making regarding their children were extremely draconian and ware not child centric.
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Children Act 1989 3
Apart from this, parents were not given rights to challenges local authority regarding their
children wellbeing or welfare that led numerous families broke downs in the country. Thus, to
give rights to raise voice and decision making powers to children and parents and safeguarding
children’s rights, wishes and wellbeing, The Children Act 1989 came into force in 1991 (Johnson
Astills, 2019).
Controversial aspects of the act
As like to every legal policy and legislation, the Children act 1989 also faced some controversies
regarding decision making powers of children, parents brought up patterns etc. the Cleveland
child abuse scandal was major controversial case on children act 1991. This case revealed that
children who were in legal custody due to unsatisfactory family role had experienced sexually
abuse in custody. This controversy was a big question on the provisions of Children act 1989,
and intervention of statutory bodies for child welfare (Crane, 2018).
Recent legislation for children welfares
Apart from The Children Act 1989, there are some other legislation also has been developed in
recent years in the country to provide safeguard and protect children’s wishes and rights. The
Safeguarding Vulnerable Groups Act 2006, the Children and Social Work Act 2017, Working
Together to Safeguard Children 2018, Keeping Children Safe in Education 2019, GDPR and the
Data Protection Act 2018, Sexual Violence and Sexual Harassment Between Children in Schools
and Colleges (guidance document) 2018, Childcare, Regulations 2018, and child care act 2018
has been introduced to ensure children’s right, education, health and wellbeing, protection
against physical and sexually Violence etc. (Burton, 2018).
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Children Act 1989 4
Learning from case Law (Baby P case and laming report)
Baby P is a family violence case which shows extreme violence and brutal murder of a 17
months child namely Peter by his mother, mother’s boyfriend and his brother. This case was
brutal enough to shocked up to whole city. To prevent reoccurrence of such child abuse case
Lord Laming has published ‘The Protection of Children in England’ report with 58
recommendations. Which covered Strategic child protection priorities, development of National
Safeguarding Delivery Unit, development of Primary Care Trusts, training for child protection to
senior managers and to council leaders, assigned local authorities to ensure Children’s need and
safeguarding and many more (Bateman, 2013).
Importance of the act in professional practice
This act is helpful in to providing child protection. The Children act 1989 covers a whole range
of duties and responsibilities on local authorities and statutory bodies of the country, most of
them are still applicable in the country. So it is important for local authorities like family,
parents, community and wellness centers, schools, health providers specifically paediatrician and
government bodies to follow ethical practices and children welfare acts.
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Children Act 1989 5
Bibliography
Bateman, A., 2013. The Laming Report - Summary. [Online] Available at: https://www.virtual-
college.co.uk/news/safeguarding/2018/01/lord-laming-report-summary [Accessed 23 December
2019].
Burton, L., 2018. Guide to Safeguarding Children Legislation. [Online] Available at:
https://www.highspeedtraining.co.uk/hub/safeguarding-children-legislation/ [Accessed 23
December 2019].
Children Act 1989, 2015. CHILDREN ACT 1989. [Online] Available at:
http://www.congreso.es/docu/docum/ddocum/dosieres/sleg/legislatura_10/spl_78/pdfs/46.pdf
[Accessed 23 December 2019].
Deltanet, 2019. What is the Children Act 1989? [Online] Available at: https://www.delta-
net.com/health-and-safety/safeguarding/faqs/what-is-the-children-act-1989 [Accessed 23
December 2019].
Foster, D. & Roberts, N., 2019. Physical education,physical activity and sport in schools.
Physical education, physical activity and sport in schools, pp.1-30.
Johnson Astills, 2019. Children Act 1989 - 30 Years On. [Online] Available at:
https://www.johnsonastills.com/site/blog/ejablog/children-act-1989-30-years-on [Accessed 23
December 2019].
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