INTRODUCTION

The Children Act 1989 is landmark legislation by any standards. Even allowing for political hyperbole, there is some force in the observation of one minister, when introducing the bill in parliament, that it is the most comprehensive and far-reaching reform of child law in living memory. The Act has over a hundred sections and 15 schedules and over 30 sets of Rules and Regulations. The long title of the statute gives an indication of its comprehensive nature: ‘An 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’. The legislation was passed in 1989 but not implemented until October 1991.

Background

In the early 1980's it became abundantly clear that reform of the law regarding children was a priority. Parts of it were ultimately and accurately described in Parliament as ‘confusing, piecemeal, outdated, often unfair and in important respects ineffective …. Most notably when it comes to our ability to protect children at risk’.