Children’s Wellbeing and Schools Act 2026

Prospective

1 Family group decision-making E+W

After section 31 of the Children Act 1989 (care and supervision orders) insert—

“31ZA Family group decision-making

(1) Before a local authority in England makes an application for an order under this Part in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child.

(2) If the offer is accepted by at least one person to whom it is made, the local authority must arrange for the meeting to be held before the authority makes the application.

(3) The duty under subsection (1) or (2) does not apply where the local authority considers that it would not be in the best interests of the child for a family group decision-making meeting to be offered or (as the case may be) to be held.

(4) A “family group decision-making meeting” is a meeting held for the purpose of enabling the child’s family network—

(a) to discuss the welfare needs of the child, and

(b) to make a proposal in response to concerns about the child’s welfare.

(5) A “family network”, in relation to a child, consists of such persons with an interest in the child’s welfare as the authority considers appropriate to attend the meeting having regard to the child’s best interests, and such persons may (in particular) include—

(a) the child’s parents or any other person with parental responsibility for the child, and

(b) relatives, friends or other persons connected with the child.

(6) The local authority must include the offer under subsection (1) in the letter before proceedings sent in relation to the child.

(7) A “letter before proceedings” is the letter sent by the local authority to the child’s parents, or any other person with parental responsibility for the child, before the local authority makes an application for an order under this Part in relation to the child.

(8) Where the local authority considers it appropriate, the child in relation to whom the family group decision-making meeting is held may attend the meeting.

(9) In exercising functions under this section in relation to a child, a local authority must, so far as is reasonably practicable and consistent with the child’s welfare—

(a) ascertain the child’s wishes and feelings regarding the exercise of those functions, and

(b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as the authority has been able to ascertain.”

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 78(5)