Children Act

The Children Act is a very important piece of law.  The Children Act was first introduced in 1991 to try to make sure that children and young people (up to the age of 18) are looked after in the best possible way.  Under the Act, the welfare of children and young people comes first and parents have a responsibility to look after you until you are 18.

There may be times for some children and young people, when circumstances at home change and living there becomes difficult.  For example, parents may separate or become ill and unable to care for their child.  In these cases, Social Services may believe that a child or young person is not safe at home.

If the decision about where a child or young person should live and who should care for them cannot be agreed by the parents or with Social Services, it may have to be decided by the Courts (see section on care orders).  In these cases, the Children Act tells courts how to do this and makes sure that they consider what is best for the child. It also makes sure that the Courts act as quickly as possible, listening to the views of everyone with an interest in the child or young person's welfare, including the young person themselves.

The Children Act also explains very clearly about how children should be looked after when they are in public care.  There are parts of The Children Act which explain how Children’s Homes should be run and what young people can expect when living there.  There are other parts of the Act which say how social workers should help families stay in touch with each other. 

The Children Act 2004 updates many of the laws in the Children Act.  Some of the changes include:

• A new Children’s Commissioner for England who will have the job of raising awareness of the best interests of children and reporting his findings to the Government.
• Hertfordshire County Council, like all local authorities in the country will have to make sure that different agencies work together, share information and even pool their money to improve children and young people’s well being.
• All workers who work with children and young people now have to always think about how to keep children safe and well when they are doing their jobs.
• Everyone working in Hertfordshire County Council and other local authorities will have a duty to help all children in care achieve their best in school, college or other places they learn.

The Act is important for you because it gives you the right to be protected, listened to, and to be told what is happening.  It also gives you the right to complain.