Legislation & the Care System
Access comprehensive legislation and policy documents that directly influenced and shaped my state care experiences
In terms of my time spent within the care system there were three key legislative Acts which played a pivotal role in determining essentially what happened to me and my sister, the first and major pieces of legislation being the 1948 Children's Act and the 1989 Children's Act. However as I entered the care system prior to its implementation, what impacted directly upon my circumstances also related to what was called the Matrimonial causes Act 1973 - something I had never heard of until I started to access my official records from Children's Services. Of course at the time I was made subject to various pieces of legislation my awareness was zero - which you would have expected given I was no older than 7 or 8 years old. I have also added the Children's Act 2004 to this area, which is another major piece of legislation since the 1989 Children's Act. Whilst this has not had any direct impact upon my own circumstances, it is an Act that very much builds upon the foundations laid by that earlier act, and one that also impacts my circumstances - albeit within my own profession/career.
Being subject to this type of legislation - especially as a child - is something you cannot truly comprehend as a child. When I look back to the actions that led to my removal from my birth mother and into state care - I can still recall the family Social Worker collecting me to transport me to the Children's Home - and with tears falling, looking out of the back window of her car to see my mother and my family home become more and more distant. At that time my sister had already been removed from our home - and I was set to join her at the local Children's Home - Huntingtower Road. d the Matrimonial Causes Act 1973.
An Act to make further provision for the care or welfare, up to the age of eighteen and, in certain cases, for further periods, of boys and girls when they are without parents or have been lost or abandoned by, or are living away from, their parents, or when their parents are unfit or unable to take care of them, and in certain other circumstances; to amend the Children and Young Persons Act, 1933, the Children and Young Persons (Scotland) Act, 1937, the Guardianship of Infants Act, 31925 and certain other enactments relating to children; and for purposes connected with the matters aforesaid. Click on the image to the left to access this piece of legislation.
Children's Act 1948
Matrimonial Causes Act 1973
The Matrimonial Causes Act 1973 is a significant piece of legislation in England and Wales that governs divorce and separation. It consolidates various enactments related to matrimonial proceedings, maintenance agreements, and declarations of legitimacy. The Act introduces a no-fault divorce system, allowing couples to divorce without needing to prove fault, and it emphasizes the welfare of children in financial settlements. Click on the image to the left to access this piece of legislation.
The bit of the act relevant to my situation is here.
The Act places the welfare of the child as the paramount consideration in all decisions affecting them, emphasizing that children are best cared for within their families unless intervention is necessary It introduced the concept of parental responsibility, which encompasses all rights, duties, powers, and authority a parent has regarding their child and property Mothers automatically gain parental responsibility at birth, while fathers acquire it through marriage, being named on the birth certificate, agreements with the mother, or court orders Local authorities have a duty to safeguard and promote the welfare of children in need (section 17) and must act if they suspect a child is suffering or likely to suffer significant harm (section 47), The Act outlines circumstances under which courts can issue care orders (section 31) and defines the responsibilities of local authorities for looked-after children (section 22), Click on the image to the left to access this piece of legislation.
The 'Care Order' element derived form this legislation was particularly pertinent to me - click here to understand why.
Children's Act 1989
The Children Act 2004 was introduced to supplement and extend the Children Act 1989, addressing gaps in child protection and improving coordination between agencies responsible for safeguarding children. It emphasizes that all individuals and organizations working with children have a duty to safeguard and promote their welfare. The Act also implements the principles of the Every Child Matters framework, which focuses on improving the well-being of children across five key areas: being healthy, staying safe, enjoying and achieving, making a positive contribution, and achieving economic well-being., Click on the image to the left to access this piece of legislation.
Children's Act 2004