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Download the IICSA: An Analysis of Recommendation 6 of the Final Report - to amend the Children Act or not to? PDF
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IICSA: An Analysis of Recommendation 6 of the Final Report - to amend the Children Act or not to?
Recommendation 6 – Amendment to the Children Act 1989
The Inquiry’s 6th recommendation, as stipulated in their final report, is that the Children Act 1989 (the Children Act) is amended to enable Family courts to make decisions about children who are in the care of the local authority. The Children Act is the legislative framework for the current child protection legislation in England and Wales and enshrines the doctrine that the welfare of the child is the Court’s paramount consideration.
The Inquiry’s proposed amendment would permit children in care to apply to the family courts for an order either mandating or limiting a local authority’s exercise of its parental responsibility.
In approving any such application that came before it, the court must be satisfied that there was reasonable cause to believe the child was either (i) experiencing or (ii) at risk of experiencing significant harm. If the court considered the significant harm test was met, the proposed amendment would allow the court to either:
(i) Prohibit a local authority from taking any steps it would otherwise be entitled to take in exercising its parental responsibility for the child.
(ii) Give directions for determining a specific question that has arisen (or may arise) in connection with any aspect of the local authority’s exercise of parental responsibility for the child.
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