UK Family Law refers to all laws related to divorce, separation, property division and other issues relating to family life in England and Wales. The main aim of UK Family Law is to ensure that families are protected from being split up by divorce or any other reason.
In the UK, family law is a complex and often confusing area. And with the addition of the Children’s Act Welfare, more needs to be consider when making decisions about your family and their wellbeing.
To help make sense of this complicated subject, this blog post will provide a checklist of what you need to know about UK family law and the Children’s Act Welfare.
We’ll cover other topics, such as the principles of the Children’s Act, the role of the courts, and your rights as a parent.
What is the Children’s Act UK?
The Children’s Act 1989 (the Children’s Act) is a UK legislation designed to improve the welfare of children and young people. The act was introduced to ensure that decisions regarding the care and protection of children are made in the child’s best interests.
It sets out principles and rules which must be considered. And when making decisions on behalf of children, including those concerning family law.
Children in Need Stats UK
| Metric | Value | Change from 2021 | Change from 2020 | Highest since |
| Children in Need | 404,310 | up 4.1% | up 3.9% | 2018 |
| Children in need per 10,000 children | 334.3 | up from 321.2 | up from 323.7 | 2018 |
| Child protection plans | 50,920 | up 1.8% | down 1.1% | – |
| Child protection plans per 10,000 children | 42.1 | up from 41.4 | down from 42.8 | – |
| Referrals | 650,270 | up 8.8% | up 1.1% | 2019 |
| Completed assessments | 645,070 | up 3.1% | down 3.1% | – |
The Children’s Act provides a framework for safeguarding and promoting the welfare of children and young people, both at home and in care. Its main objectives are to provide the following:
- Better provision for children in need
- Protect children from harm
- Promote their upbringing within their own families
- Provide support for families
Here is an example table for the Child Welfare Checklist in the UK:
| Factor to be considered in Child Welfare Checklist | Explanation |
| The wishes and feelings of the child | The child’s views and opinions about their own welfare, age and level of understanding are all considered. |
| The child’s physical, emotional and educational needs | The child’s physical, emotional and educational needs and any special needs or disabilities are considered. |
| The likely effect on the child of any changes in their circumstances | Any changes that could potentially impact the child’s welfare are considered. This can include changes in the child’s living situation, contact with family members or friends, or access to education or healthcare. |
| The child’s age, sex, background and any characteristics which the court considers relevant | The child’s age, sex, background, and other relevant characteristics are considered. |
| Any harm the child has suffered or is at risk of suffering | Any physical, emotional or sexual harm the child has suffered or is at risk of suffering is considered, along with any risk of neglect or abuse. |
| How capable each parent (or other relevant people) is of meeting the child’s needs | The ability of the parents or other relevant persons to meet the child’s physical, emotional and educational needs is assessed. This can include substance abuse, domestic violence or mental health concerns. |
| The range of powers available to the court | The court must consider what types of orders are available and whether these would be appropriate. This can include care orders, supervision orders, and placement orders. |
Please note that the above table is not an exhaustive list of all factors that may be considered in a Child Welfare Checklist in the UK and that the weight given to each factor may vary depending on the case’s specific circumstances.
The Children’s Act requires Local Authorities, Courts and any other body making decisions relating to children to use a welfare checklist when considering any decision or action regarding a child.
This checklist is a guide for assessing what is best for the child, taking into account their physical, emotional and educational needs, as well as the wishes and feelings of the child and any other relevant person.
The welfare checklist is an important part of the Children’s Act, ensuring that the best possible outcome is achieved for the child.
What you need to know about Children Act UK?
The Children Act 1989 in the UK is a piece of legislation focusing on children’s welfare. This Act contains many sections to ensure children’s safety and wellbeing.
For example, Section 1 of the Act ensures the child’s welfare is paramount in court proceedings. Section 17 concerns providing services for children and young people who need help and protection.
Section 33 and 34 address the powers of the police to take appropriate action if they are concerned about the welfare of a child. Section 44 outlines the responsibilities of local authorities concerning the welfare of children.
Ultimately, the Children Act 1989 seeks to provide the necessary protections and safeguards for children’s rights in the UK.
The Childcare Act 2006 Section 40 is a vital piece of legislation for the protection of children. This section of the act seeks to provide children with a safe environment for their physical and emotional wellbeing. It covers:
- Supervision
- Food safety
- Health and Safety
- Staff training
- Qualifications
- Insurance
- Record keeping
- Fire safety
- Reporting any serious incidents
Ensuring that all childcare providers adhere to these regulations, the Childcare Act 2006 Section 40 provides peace of mind to parents and guardians that their children receive the best care and support.
What are the Children’s Act Welfare Principles?
The Children’s Act 1989 provides a framework for the protection and welfare of children in the UK. It outlines 10 core principles, known as the ‘welfare checklist’. And which must be consider when making decisions for a child or assessing their wellbeing.
These principles ensure that the child’s best interests are consider and that any decisions align with the child’s rights as outlined by the UN Convention on the Rights of the Child (UNCRC).
The 10 principles of the welfare checklist are:
- The child’s safety and security should be the paramount consideration
- The child’s wishes and feelings should be taken into account
- The importance of preserving family life should be taken into account
- The need to maintain regular contact with both parents should be consider
- Any risk posed by the child’s parents or care should be assess
- The need for stability should be taken into account
- The need to promote the physical, mental and emotional development of the child should be consider
- Any cultural needs of the child should be taken into account
- The need to promote the child’s educational development should be consider
- The need to protect the child from harm, abuse or exploitation should be consider.
The welfare checklist must be consider when deciding matters relating to children’s care. And upbringing, health, education and any other issues regarding their welfare. It is an important part of UK family law, and a valuable tool for ensuring children’s rights are respect and protect.
How Does the Act Affect Family Law?
The Children’s Act 1989 has had a major impact on family law in the UK. And with children’s rights and best interests now being consider before making any decisions.
The Children’s Act Welfare was introduced in the UK to give children a greater say in family law decisions and ensure their interests and welfare are at the forefront of any decision-making. The Act sets out to ensure children’s safety and protection and ensure they are being care for in the best possible way.
The Act gives children the right to be heard in court proceedings and requires all agencies working with children to make sure that the welfare of the child is of paramount importance. And it also requires decisions about a child’s future based on their best interests.
Child Welfare Stats
| Information | Figures |
| Number of children in need as of March 31st 2022 | 404,310 |
| Percentage of all children in need | 3.3% |
| The primary need of children in need | Abuse or neglect (57%) |
| Length of interactions with social care | 3 months or less (almost 50%) |
| Percentage of children who were CIN at least once | 16% in 2020 |
| Percentage of children who are CIN before age 16 | 25% |
| The age profile of children in need | 16 and over increased from 18% to 25% |
| Referrals into children’s social care | Increasingly from schools and police |
| Common factors identified at the end of the assessment | Concern about parent/carer being a victim of domestic abuse (31%) |
| Increase in concerns around the mental health of a child | 13% since 2021 (77,390 to 87,750) |
| Increase in the identification of unaccompanied asylum seekers | 71% since 2021 (3,200 to 4,080) |
Under the Children’s Act, all family law professionals – including solicitors, barristers, judges and social workers – must assess the child’s needs and ensure that their welfare is consider when making decisions about their future.
To assist with this process, the act has introduced a welfare checklist childrens act which outlines the factors that should be consider when making decisions about a child’s welfare.
The children’s welfare checklist includes the following:
- The wishes and feelings of the child;
- Any physical, emotional or educational needs of the child;
- The likely effect on the child of any changes in their circumstances;
- The capacity of each of the parents and any other person to meet the needs of the child;
- The range of powers available to the court;
- The need to secure stability in the child’s life; and
- Any harm which the child has suffered or is at risk of suffering.
Family law professionals must consider these factors when making decisions about a child’s welfare. If a decision is made without considering these factors, it could be deem unlawful and challeng in court.
Therefore, it is important for family law professionals to thoroughly understand the Children’s Act and its implications for family law.
What are the Implications of the Act?
All local authorities must use the Children’s Act to assess the welfare of a child when deciding whether to offer services or protection.
Ultimately, this means that courts must consider the child’s wishes and best interests when making any decision concerning their care and upbringing. This has significant implications for UK family law as it ensures that decisions concerning children are made with their welfare in mind.
Conclusion – Child Welfare Checklist
In conclusion, understanding the UK family law and the Children’s Act welfare is crucial for parents and guardians to protect their children’s best interests. It is important to know the different aspects of child protection, including the role of the family court and social care.
The Children’s Act welfare is a vital tool in safeguarding children’s welfare, and it is essential to know both parents and children’s rights and responsibilities. By knowing about the legal system and child protection, parents and guardians can provide a safe and nurturing environment for children to thrive.
If you found this article helpful, please share it with others to raise awareness about the importance of child welfare in the UK.
FAQs
Q: What is the welfare check list for child?
A: The welfare checklist for a child is a set of factors the family court considers when making decisions about a child’s welfare. The factors include the child’s wishes, needs, and feelings, as well as any risk of harm and the capability of the child’s parents to meet their needs.
Q: When is the welfare checklist used?
A: The welfare checklist is used by the family court when making decisions about a child’s welfare, such as in cases of child protection, custody disputes, and adoption proceedings. It ensures that the child’s best interests are protected and considered in all decision-making processes.
Q: When was the welfare checklist created?
A: The Children Act 1989 in the United Kingdom created the welfare checklist. It is a legal requirement for the family court to consider the welfare checklist when making decisions about a child’s welfare.
Q: Why does Scotland not have a child welfare checklist?
A: Unlike the English Children (Act) 1989, which includes a welfare checklist in section 1(3), the Children (Scotland) Act 1995 specifies a three-part welfare test for Scottish courts to follow under section 11(7). Therefore, in Scotland, the welfare of a child is determined by this three-part test rather than a checklist.
The three parts of the test are:
(1) The child’s welfare shall be the court’s paramount consideration
(2) The court shall have regard to the child’s ascertainable wishes and feelings
(3) The court shall regard the child’s physical, emotional, and educational needs. The welfare test is used in Scotland by courts and other agencies involved in child welfare and protection to ensure that the child’s best interests are always at the forefront of decision-making
