- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Children Act 1989. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Where a local authority—
(a)are informed that a child who lives, or is found, in their area—
(i)is the subject of an emergency protection order; or
(ii)is in police protection; F1. . .
(iii)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm,
the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. F2. . .
(2)Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare.
(3)The enquiries shall, in particular, be directed towards establishing—
(a)whether the authority should make any application to the court, or exercise any of their other powers under this Act [F3or section 11 of the Crime and Disorder Act 1998 (child safety orders)], with respect to the child;
(b)whether, in the case of a child—
(i)with respect to whom an emergency protection order has been made; and
(ii)who is not in accommodation provided by or on behalf of the authority,
it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and
(c)whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7).
(4)Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable—
(a)to obtain access to him; or
(b)to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose,
unless they are satisfied that they already have sufficient information with respect to him.
(5)Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult [F4the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA).
(5ZA)The local authority referred to in subsection (5) is—
(a)the local authority who —
(i)maintain any school at which the child is a pupil, or
(i)make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 of the Education Act 1996, or
(b)in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated.]
[F5(5A)For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—
(a)ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and
(b)give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain.]
(6)Where, in the course of enquiries made under this section—
(a)any officer of the local authority concerned; or
(b)any person authorised by the authority to act on their behalf in connection with those enquiries—
(i)is refused access to the child concerned; or
(ii)is denied information as to his whereabouts,
the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so.
(7)If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall—
(a)consider whether it would be appropriate to review the case at a later date; and
(b)if they decide that it would be, determine the date on which that review is to begin.
(8)Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so).
(9)Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so.
(10)Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case.
(11)The persons are—
(a)any local authority;
(b)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any local housing authority;
(e)any person authorised by the Secretary of State for the purposes of this section.
(12)Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include: