Children Act 1989

Changes to legislation:

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.

Changes to Legislation

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.

Changes and effects yet to be applied to :

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 87(1A) inserted by 2011 c. 21 s. 43(2)(a)
s. 87(3) words substituted by 2011 c. 21 s. 43(2)(b)
s. 87(3A) (3B) inserted by 2011 c. 21 s. 43(2)(c)
s. 87(4) text amended by S.I. 2010/1158 Sch. 2 para. 37(11)
s. 87(4)(a) words inserted by S.I. 2012/976 Sch. para. 2(a)
s. 87(4A) text amended by S.I. 2010/1158 Sch. 2 para. 37(11)
s. 87(5) words substituted by 2011 c. 21 s. 43(2)(d)
s. 87(9A) words substituted by 2011 c. 21 s. 43(2)(e)
s. 87(10) text amended by S.I. 2010/1080 Sch. 1 para. 90(a)
s. 87(10) text amended by S.I. 2010/1158 Sch. 2 para. 37(11)
s. 87(10) words inserted by 2011 c. 21 Sch. 13 para. 6(4)(a)
s. 87(11)(a) words inserted by S.I. 2012/976 Sch. para. 2(b)
s. 87(11)(c) text amended by S.I. 2010/1080 Sch. 1 para. 90(b)
s. 87(11)(d) inserted by 2011 c. 21 Sch. 13 para. 6(4)(b)
s. 87(12) words inserted by S.I. 2012/976 Sch. para. 2(c)
s. 87A(4A) inserted by 2011 c. 21 s. 43(3)(b)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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.

Act applied (with modifications) by S.I. 2010/1907 reg. 16(2)(c) Sch. 2
Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2
Act modified by S.I. 2010/1116 art. 2

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Pt. 10A repealed by 2010 nawm 1 Sch. 2
s. 87BA inserted by 2011 c. 21 s. 43(4)

Commencement Orders yet to be applied to the Children Act 1989:

Commencement Orders

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.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/124 art. 4 5 commences (2002 c. 32)
S.I. 2003/192 art. 2 3 7 commences (2000 c. 19)
S.I. 2003/392 art. 2 commences (2002 c. 21)
S.I. 2003/938 art. 2 Sch. commences (2002 c. 21)
S.I. 2003/962 art. 2(3) commences (2002 c. 21)
S.I. 2003/1115 art. 3 commences (2002 c. 32)
S.I. 2003/1667 art. 3 4 5 commences (2002 c. 32)
S.I. 2003/1718 art. 4 5 Sch. Pt. 1 2 commences (2002 c. 32)
S.I. 2003/2961 art. 5 6 7 Sch. Pt. 2 3 4 commences (2002 c. 32)
S.I. 2004/874 art. 2 commences (2003 c. 42)
S.I. 2004/1728 art. 5 Sch. Pt. 2 commences (2002 c. 32)
S.I. 2005/910 art. 3(aa) art. 3(y) commences (2003 c. 39)
S.I. 2005/3175 art. 2(9) commences (2004 c. 33)
S.I. 2006/172 Sch. commences (2002 c. 32)
S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(r) commences (2005 c. 4)
S.I. 2007/935 art. 5(u) commences (2006 c. 40)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2010/507 art. 2-5 commences (2009 c. 26)
S.I. 2010/749 art. 2 commences (2008 c. 23)
S.I. 2010/1329 art. 2 commences (2008 c. 23)
S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
S.I. 2010/2714 art. 2 commences (2008 c. 23)
S.I. 2010/2921 art. 2 3 commences (2003 c. 39)
S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
S.I. 2011/824 art. 2 commences (2008 c. 23)
S.I. 2011/949 art. 3 commences (2008 c. 23)
S.I. 2012/84 art. 2 3 commences (2011 c. 21)
S.I. 2012/924 art. 2 Coming into force
S.I. 2012/1187 art. 2(2)(m) commences (2011 nawm 4)
S.I. 2012/1553 art. 2(a) art. 2(a)(e) art. 2(b) art. 2(c)(e) art. 2(d) art. 2(e) commences (2008 c. 23)
S.I. 2012/2197 art. 2(b) commences (2008 c. 25)
S.I. 2012/2231 art. 4(b) commences (2006 c. 47)
S.S.I. 2003/134 art. 2(1) Sch. commences (2003 asp 1)

87[F1Welfare of children in boarding schools and colleges.]E+W

[F2(1)Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.

(2)Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.

(3)Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.

(4)Where [F3the Chief Inspector for England is] of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or [F4college in England, he shall]—

(a)in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated;

(b)in the case of a special school which is maintained by a local education authority, notify that authority;

(c)in any other case, notify the Secretary of State.

(4A)Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college [F5in Wales] , they shall—

(a)in the case of a school other than an independent school or a special school, notify the local education authority for the area in which the school is situated;

(b)in the case of a special school which is maintained by a local education authority, notify that authority.

(5)Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge its duty under this section, enter at any time premises which are, or are to be, premises of the school or college.]

(6)Any person [F6exercising] the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.

(7)Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.

(8)Any person authorised by the regulations to inspect records—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require.

(9)Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

[F7(9A)Where [F8the Chief Inspector for England] or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, [F9that authority must] publish a report on whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the school or college.

(9B)Where [F10the Chief Inspector for England] or the National Assembly for Wales publishes a report under this section, it must—

(a)send a copy of the report to the school or college concerned; and

(b)make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C)Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as [F11the Chief Inspector for England] or the National Assembly for Wales (as the case may be) considers appropriate.]

[F12(10)In this section and sections 87A to 87D—

“the 1992 Act” means the M1Further and Higher Education Act 1992;
“appropriate authority” means—
(a)
in relation to England, [F13the Chief Inspector for England] ;
(b)
in relation to Wales, the National Assembly for Wales;
[F14“the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;]
“college” means an institution within the further education sector as defined in section 91 of the 1992 Act;
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“further education corporation” has the same meaning as in the 1992 Act;
“local education authority” and “proprietor” have the same meanings as in the M2Education Act 1996

(11)In this section and sections 87A and 87D “relevant person” means—

(a)in relation to an independent school, the proprietor of the school;

(b)in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;

(c)in relation to an institution conducted by a further education corporation, the corporation.

(12)Where a person other than the proprietor of an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.]

Annotations:

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.

Amendments (Textual)

F1S. 87: sidenote substituted (1.4.2002 for E., otherwise prosp.) by 2000 c. 14, s. 116, Sch. 4 para. 14(21); S.I. 2001/4150, art. 3(3)(a) (subject to transitional provision in art. 4 of the commencing S.I. and to the amendment of art. 3 by S.I. 2002/1493, art. 6)