Childrens Act 1989 (c.41)

Childrens Act
We are restricted to what we can honestly talk about and reveal due to the Childrens Act. This obviously is designed to protect the children from any further upset. So ofcourse this Blog takes that into account.

If you feel we are not angry enough, not bitter enough, not upset enough, because you feel we don’t sound passionate about it… We are, we just have to take the law into account. I am sure we will tread on ice now and again, but nothing as obvious as naming names!

So in all it’s glory, here is the rare act:

Children Act 1989 (c.41)

 

1989c. 41

  ARRANGEMENT OF SECTIONS

Part I
Introductory
1 Welfare of the child.
2 Parental responsibility for children.
3 Meaning of “parental responsibility”.
4 Acquisition of parental responsibility by father.
5 Appointment of guardians.
6 Guardians: revocation and disclaimer.
7 Welfare reports.
 
Part II
Orders With Respect to Children in Family Proceedings
General
8 Residence, contact and other orders with respect to children.
9 Restrictions on making section 8 orders.
10 Power of court to make section 8 orders.
11 General principles and supplementary provisions.
12 Residence orders and parental responsibility.
13 Change of child’s name or removal from jurisdiction.
14 Enforcement of residence orders.
 
Financial relief
15 Orders for financial relief with respect to children.
 
Family assistance orders
16 Family assistance orders.
 
Part III
Local Authority Support for Children and Families
Provision of services for children and their families
17 Provision of services for children in need, their families and others.
18 Day care for pre-school and other children.
19 Review of provision for day care, child minding etc.
 
Provision of accommodation for children
20 Provision of accommodation for children: general.
21 Provision of accommodation for children in police protection or detention or on remand, etc.
 
Duties of local authorities in relation to children looked after by them
22 General duty of local authority in relation to children looked after by them.
23 Provision of accommodation and maintenance by local authority for children whom they are looking after.
 
Advice and assistance for certain children
24 Advice and assistance for certain children.
 
Secure accommodation
25 Use of accommodation for restricting liberty.
 
Supplemental
26 Review of cases and inquiries into representations.
27 Co-operation between authorities.
28 Consultation with local education authorities.
29 Recoupment of cost of providing services etc.
30 Miscellaneous.
 
Part IV
Care and Supervision
General
31 Care and supervision orders.
32 Period within which application for order under this Part must be disposed of.
 
Care orders
33 Effect of care order.
34 Parental contact etc. with children in care.
 
Supervision orders
35 Supervision orders.
36 Education supervision orders.
 
Powers of court
37 Powers of court in certain family proceedings.
38 Interim orders.
39 Discharge and variation etc. of care orders and supervision orders.
40 Orders pending appeals in cases about care or supervision orders.
 
Guardians ad litem
41 Representation of child and of his interests in certain proceedings.
42 Right of guardian ad litem to have access to local authority records.
 
Part V
Protection of Children
43 Child assessment orders.
44 Orders for emergency protection of children.
45 Duration of emergency protection orders and other supplemental provisions.
46 Removal and accommodation of children by police in cases of emergency.
47 Local authority’s duty to investigate.
48 Powers to assist in discovery of children who may be in need of emergency protection.
49 Abduction of children in care etc.
50 Recovery of abducted children etc.
51 Refuges for children at risk.
52 Rules and regulations.
 
Part VI
Community Homes
53 Provision of community homes by local authorities.
54 Directions that premises be no longer used for community home.
55 Determination of disputes relating to controlled and assisted community homes.
56 Discontinuance by voluntary organisation of controlled or assisted community home.
57 Closure by local authority of controlled or assisted community home.
58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
 
Part VII
Voluntary Homes and Voluntary Organisations
59 Provision of accommodation by voluntary organisations.
60 Registration and regulation of voluntary homes.
61 Duties of voluntary organisations.
62 Duties of local authorities.
 
Part VIII
Registered Children’s Homes
63 Children not to be cared for and accommodated in unregistered children’s homes.
64 Welfare of children in children’s homes.
65 Persons disqualified from carrying on, or being employed in, children’s homes.
 
Part IX
Private Arrangements for Fostering Children
66 Privately fostered children.
67 Welfare of privately fostered children.
68 Persons disqualified from being private foster parents.
69 Power to prohibit private fostering.
70 Offences.
 
Part X
Child Minding and Day Care for Young Children
71. Registration.
72 Requirements to be complied with by child minders.
73 Requirements to be complied with by persons providing day care for young children.
74 Cancellation of registration.
75 Protection of children in an emergency.
76 Inspection.
77 Appeals.
78 Offences.
79 Application of this Part to Scotland.
 
Part XI
Secretary of State’s Supervisory Functions and Responsibilities
80 Inspection of children’s homes etc. by persons authorised by Secretary of State.
81 Inquiries.
82 Financial support by Secretary of State.
83 Research and returns of information.
84 Local authority failure to comply with statutory duty: default power of Secretary of State.
 
Part XII
Miscellaneous and General
Notification of children accommodated in certain establishments
85 Children accommodated by health authorities and local education authorities.
86 Children accommodated in residential care, nursing or mental nursing homes.
87 Welfare of children accommodated in independent schools.
 
Adoption
88 Amendments of adoption legislation.
 
Paternity tests
89 Tests to establish paternity.
 
Criminal care and supervision orders
90 Care and supervision orders in criminal proceedings.
 
Effect and duration of orders etc.
91 Effect and duration of orders etc.
 
Jurisdiction and procedure etc.
92 Jurisdiction of courts.
93 Rules of court.
94 Appeals.
95 Attendance of child at hearing under Part IV or V.
96 Evidence given by, or with respect to, children.
97 Privacy for children involved in certain proceedings.
98 Self-incrimination.
99 Legal aid.
100 Restrictions on use of wardship jurisdiction.
101 Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
 
Search warrants
102 Power of constable to assist in exercise of certain powers to search for children or inspect premises.
 
General
103 Offences by bodies corporate.
104 Regulations and orders.
105 Interpretation.
106 Financial provisions.
107 Application to Channel Islands.
108 Short title, commencement, extent, etc.
 
  Schedule 1   Financial Provision for Children.
  Schedule 2   Local Authority Support for Children and Families.
  Part I   Provision of Services for Families.
  Part II   Children Looked After by Local Authorities.
  Part III   Contributions Towards Maintenance of Children.
  Schedule 3   Supervision Orders.
  Part I   General.
  Part II   Miscellaneous.
  Part III   Education Supervision Orders.
  Schedule 4   Management and Conduct of Community Homes.
  Part I   Instruments of Management.
  Part II   Management of Controlled and Assisted Community Homes.
  Part III   Regulations.
  Schedule 5   Voluntary Homes.
  Part I   Registration of Voluntary Homes.
  Part II   Regulations as to Voluntary Homes.
  Schedule 6   Registered Children’s Homes.
  Part I   Registration.
  Part II   Regulations.
  Schedule 7   Foster Parents: Limits on Number of Foster Children.
  Schedule 8   Privately Fostered Children.
  Schedule 9   Child Minding and Day Care for Young Children.
  Schedule 10   Amendments of Adoption Legislation.
  Part I   Amendments of Adoption Act 1976.
  Part II   Amendments of Adoption (Scotland) Act 1978.
  Schedule 11   Jurisdiction.
  Part I   General.
  Part II   Consequential Amendments.
  Schedule 12   Minor Amendments.
  Schedule 13   Consequential Amendments.
  Schedule 14   Transitionals and Savings.
  Schedule 15   Repeals.


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Kids Need Mums

Hi there. I’ve decided to set up a blog to try and help parents suffering from Bipolar. I’m a Mom with Bipolar Affective Disorder, and have recently been in a High Court battle for care of my children. The case revolved around my Bipolar and my ability to look my her children due to the nature of my condition. This is arguably a case of Mental Health Discrimination or, at least, prejudice against Bipolar and Mental Health in general.

The Judge ruled that the Father should have the majority of the care, based on the fact that the Mother has Bipolar which will interfere with her ability to care for the children. There are many, many reasons why I do not consider that the case was fair, objective, or properly heard.

I am looking for support from others who have Bipolar, or from Mental Health professionals, Lawyers or Campaigners who may wish to become involved. I also wish to provide support for those of us who are trying our hardest to care for our children, notwithstanding our own struggles with our illness.

I aim to highlight the inadequacies in the current law as to how Courts should assess whether or not a person with Bipolar can parent their children. I also aim to highlight other issues of Mental Health discrimination.

The Children’s Act stipulates that confidentiality regarding the names of all parties concerned must be upheld, so there are no details in this blog of names or other details in the hope that the children’s identity remians confidential.

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