Child law 1989-2005
A reading list
This reading list has been compiled by the NSPCC Library and Information Service (August 2005) in response to many requests for information about the legislation covering the welfare and safeguarding of children and young people in the United Kingdom.
This list accompanies our child protection fact sheet An introduction to child protection legislation in the UK, which includes a selection of the main Acts of Parliament and government guidance concerning child protection.
This list is not intended to constitute legal advice or assistance. The NSPCC strongly recommends that legal advice is sought from a solicitor before entering into legal proceedings. Legislation and reviews are constantly amended by new legislation and developments. Any references in this list may well have been amended by subsequent legislation or guidance.
If you are interested in following up this area in more detail, the books listed in the Overviews section would be a good starting point.
Overviews
Child abuse
Lyon, Christina et al
Bristol: Family Law, 2003
ISBN: 0853085765
Provides a comprehensive explanation of the legal framework surrounding child abuse, aimed at child protection professionals and agencies.
The child protection system: a guide to the law
Daly, Christine and Hamilton, Carolyn
Children's Legal Centre
Colchester, Essex: Children's Legal Centre, 2003
Booklet dealing with the identification and investigation of abuse and the provision of protection, concentrating on the child protection mechanisms operated by social services.
Child protection [2nd ed.]
Smith, Fergus, and Lyon, Tina
South Croyden, Surrey: Children Act Enterprises, 2004
ISBN: 1899986960
Guide aimed at those who provide, or support providers of, child protection
services in England and Wales. Provides a summary of law and government
guidance on child protection.
Children: the modern law [3rd ed.]
Bainham, Andrew
Bristol: Family Law, 2005
ISBN: 0853089396
A textbook dealing with all aspects of the legal position of children in
society, covering child law, family law and social work.
Child care law: England and Wales [5th ed.]
Cullen, Deborah, and Lane, Mary
London: British Association for Adoption and Fostering (BAAF), 2005
Quick reference guide to the law in England and Wales relating to the care of
children. Includes a summary of the main statutes, regulations and court
rules. Covers parents, parental responsibility and private family life.
Age-based legislation
At what age can I?: a guide to age-based legislation. [5th ed.]
Hamilton, Carolyn, and Fiddy, Alison
Colchester, Essex: Children's Legal Centre, 2001
ISBN: 0946109001
An up-dated edition of the Children's Legal Centre's comprehensive guide to age-based legislation affecting children and young people. Covers the law as it affects children's rights from age 5 through to age 21.
Is it legal?: a parents' guide to the law. [2nd ed.]
Keep, Gill
London: National Family and Parenting Institute (NFPI), 2004
ISBN: 1903615259
Answers to many frequently asked legal questions affecting the day-to-day lives of parents and families including babysitting, school exclusion and truancy, drugs and alcohol, contraception, tattoos and the internet. Includes information about helpful organisations.
How old do I have to be to...? [5th ed.]
Smith, Fergus
Surrey: Children Act Enterprises, 2005
ISBN: 1899986022
Written for adults and young people who want to know at what age, in England and Wales, a child or young person is allowed by law to undertake, or be held responsible for a particular activity. Looks at the rights and
responsibilities of children of any age and then at specific ages from age 5
to 21.
Commentary on the legislation
The Children Act 1989
- The Children Act 1989: personal guide [4th ed.]
Smith, Fergus, and Lyon, Christina M.
Croydon, Surrey: Children Act Enterprises, 1998
ISBN: 1899986804
A booklet which aims to provide easy access to, and reinforce understanding of, the Children Act's main messages. Designed for all those who work with children and families.
- Safeguarding children with the Children Act 1989
Brandon, Marian, Thoburn, June, Lewis, Ann, and Way, Ann
London: The Stationery Office (TSO), 1999
ISBN: 0113221746
Evaluates the decisions of courts and child welfare agencies and the effectiveness of services to children and their families in a year-long study of 105 children categorised as suffering, or likely to suffer, significant harm.
- Child care law [5th ed.]
Ball, Caroline
Norwich: University of East Anglia, 1999
ISBN: 0946751013
Intended mainly for social work students but also practitioners. Reflects changes in relevant legislation, refers to specialist legal texts, and discusses case law. Outlines the principles and concepts of the Children Act 1989 Part I and looks in detail at: orders in family proceedings, local authority support for families and children, child protection, care and supervision orders, guardians ad litem, child safety orders and child curfew, adoption, wardship and inherent jurisdiction, young offenders, and the structure of the court.
- The Children Act now: messages from research.
Aldgate, Jane, and Statham, June
London: Department of Health (DoH), 2001
ISBN: 0113222637
Presents the findings of 24 studies looking at the implementation of the Children Act 1989 with an overview for each study, drawing out the messages for policy and practice.
- Delight and dole: the Children Act ten years on
Thorpe, Lord Justice and Cowton, Catherine (eds.)
Bristol: Jordan Publishing, 2002
ISBN: 0853087385
Reports on conference proceedings attended by family law practitioners and academics, social workers, adult and child mental health professionals, the Lord Chancellor's Department, CAFCASS and the judiciary. Looks at the effectiveness of the Children Act 1989 ten years after it was brought into force from the point of view of the professions and agencies involved and the children whom it was designed to serve.
- The Children Act in practice [3rd ed.]
White, Richard, Carr, Paul, and Lowe, Nigel
London: Butterworths, 2002
ISBN: 0406940037
A comprehensive guide to the Children Act 1989.
- Law notes: does the Children Act 1989 need amending.
Hershman, David
Representing Children, 16(1), 2003: 57-63.
Considers the findings presented in the NSPCC 'Your shout' publication and the amendments to the Children Act 1989 arising from the Adoption and Children Act 2002. Concludes that despite needing occasional amendments and corrections, there is no need for any significant amendment to the 1989 Act but that what is needed is the infrastructure to facilitate the proper operation of the Act.
United Nations Convention on the Rights of the Child 1989
- So how are we doing? A review of the concluding observations of the UN Committee on the Rights of the Child: United Kingdom.
Payne, Lisa
Children and Society, 17(1), 2002: 71-74.
Reviews the concluding observations made by the United Nations Committee on the Rights of the Child in its examination of the UK's implementation of the United Nations Convention on the Rights of the Child 1989, highlighting the strengths and weaknesses the Committee found in UK policy initiatives and legislation. The author views the observations of the Committee as 'a children's rights report card for New Labour'.
- Committee on the Rights of the Child: thirty-first session: consideration of reports submitted by States parties under article 44 of the Convention: concluding observations: United Kingdom of Great Britain and Northern Ireland. United Nations. Committee on the Rights of the Child.
United Nations, 2002
Concluding observations of the Committee on the Rights of the Child on reports submitted by the United Kingdom under article 44 of the UN Convention on the Rights of the Child.
- Children's rights in the UK: implementing the United Nations Convention on the Rights of the Child 1989.
Paton, Laura
Childright, 198, 2003: 3-6.
Considers the tenth report published by the Joint Committee on Human Rights in June 2003, which examines the UK's compliance with the UN Convention on the Rights of the Child. Notes that the report makes a number of new recommendations regarding how the UK can improve its compliance and give more consideration to children's rights.
- The UN Convention on the Rights of the Child. Tenth report of session 2002-03 (PDF)
House of Lords, House of Commons and Joint Committee on Human Rights
London: The Stationery Office (TSO), 2003
Considers aspects of the implementation of the UN Convention on the Rights of the Child in the UK. Contains chapters on procedural and structural issues, children and the criminal justice system, health and welfare, education, care and protection, and civil rights and freedoms. Recommendations include raising the age of criminal responsibility in England from 10 to 12, and not holding girls under 17 in prison.
Family Law Act 1996
- Family Law Act 1996.
Payne, Lisa
NCB
Highlight, 146, 1996: 2.
Brief overview of the act.
- An introduction to part IV of the Family Law Act 1996.
Poyser, Arran
Representing Children, 10(4), 1998: 196-201.
Discusses the provisions for dealing with domestic violence under the act.
- Domestic violence (Part IV Family Law Act 1996 and Protection from Harassment Act 1997).
Smith, Fergus and Lyon, Tina
Sanderstead, Surrey: Children Act Enterprises, 1998
ISBN: 1899986707
Guide to the main provisions of Part IV of the Family Law Act 1996 and a summary of the Protection from Harassment Act 1997 which may also be relevant in situations involving domestic violence. Looks at occupation orders, non-molestation orders, undertakings, amendments to the Children Act 1989, applications by children under 16, and separate representation of children.
- The Family Law Act 1996: domestic violence survey report on Local Authority implementation of part IV.
Department of Health (DoH)
London: Department of Health (DoH), 1999
Describes the results of the DoH's survey of Local Authority implementation of part IV of the Family Law Act 1996 which relates to domestic violence.
Sex offenders Act 1997
- Poisoned chalice or just deserts? (The Sex Offenders Act 1997).
Soothill, Keith and Francis, Brian
Journal of Forensic Psychiatry, 9(2), 1998: 281-293.
Considers the policy context, the ethical issues and the practical concerns in implementing the Sex Offenders Act 1997.
- Critical commentary (criminal justice).
Barter-Dawe, Susan J.
British Journal of Social Work, 30(3), 2000: 383-392.
Reviews 5 articles from an issue of "Criminal Law Review" including an article on "Sex offenders, privacy and the police" by Helen Power in which she identifies serious flaws in the legislation regarding sex offender orders in the Sex Offenders Act 1997 and the Crime and Disorder Act 1998.
Human Rights Act 1998
- The Human Rights Act 1998: which rights will work for children?
Fortin, Jane
Young Minds Magazine, 41(Jul/Aug), 1999: 14-16.
Considers the European case law which will guide the Act's interpretation, and suggests that the Act may not always offer adequate protection for the rights of children.
- Representing children and the Human Rights Act 1998.
Clements, Luke
Representing Children, 12(4), 2000: 252-262.
Considers the impact that the Human Rights Act 1998 will have upon the way child care proceedings are conducted.
- The Human Rights Act 1998: implications for children.
Stevens, Heather, Caul, Tara, Kilkelly, Ursula and Levy, Allan
Child Care in Practice, 6(3), 2000: 264-294.
Four papers presented at a seminar held 24 May 2000: Interdepartmental scene setting: context of the Human Rights Act; The Human Rights Act 1998: considering the implications for children in care; The Human Rights Act 1998: juvenile justice implications; The Human Rights Act 1998: the implications for children.
- The Human Rights Act 1998: how will it affect child law in England and Wales?
Cleave, Gillian
Child Abuse Review, 9(6), 2000: 394-402.
Introduction to the Human Rights Act and discussion of the implications for child law proceedings, particularly in respect to care proceedings and individuals called to give expert evidence.
- Children Act 1989 in the context of the Human Rights Act 1998.
Smith, Fergus and Lyon, Tina
South Croydon, Surrey: Children Act Enterprises, 2000
ISBN: 1899986014
Outlines the key points, concepts and principles of the Children Act 1989 within the context of the Human Rights Act 1998. Looks at parental responsibility; Part II orders; support for children and families; care and supervision; limiting/refusing contact for child/young person in care; child protection; registration and inspection duties; functions of the court; and, court structures.
- Children and the Human Rights Act.
Drew, Sandhya
London: Save the Children, 2000
ISBN: 1841870374
Introduces the Human Rights Act, the European Convention on Human Rights, and the UN Convention on the Rights of the Child in respect to how they impact on children and children's rights. Looks at specific rights contained within the Human Rights Act and how each may be applied to current children's issues. Includes an action checklist, a list of useful contacts, a glossary of terms, and an issue-based index.
- The Human Rights Act 1998 and children: part 1.
Kilkelly, Ursula
NCB
Highlight, 182, 2001: 2.
Arranged under the following headings: Bringing rights home; The ECHR & children; Young people in conflict with the law; Detention of young people; A fair trial for young people; Access to education.
- The Human Rights Act 1998 and children: part 2.
Kilkelly, Ursula
NCB
Highlight, 183, 2001: 2.
Arranged under the following headings: Family life & alternative care provision; Care orders: a last resort; Care orders & family reunion; Family reunion: a private law obligation; Procedural rights: parents; Procedural rights: children; Fair trial rights & family law; The child's right to protection from abuse; Obligation of social services to protect children; Secure accommodation.
Youth Justice and Criminal Evidence Act 1999
- The Youth Justice and Criminal Evidence Act - the evidence of children and
vulnerable adults.
Bates, Phil
Child and Family Law Quarterly, 11(3), 1999: 289-303.
Argues that the new Act will significantly improve the position of vulnerable witnesses. However, for it to be fully effective, it must be backed up by training and the development of good practice.
- Referral orders: a new compulsory sentence.
Childright, 185, 2002: 5-7.
Discusses the implementation of referral orders from 1st April 2002, a community sentence for first time young offenders introduced in the Youth Justice and Criminal Evidence Act 1999 and piloted in 11 Youth Offending Team areas during 2000. The order is based on the principles of restorative justice: making restoration to the victim, taking responsibility, and reintegrating into the community.
Protection of Children Act 1999
Care Standards Act 2000
- Care Standards Act 2000.
Daly, Christine
Childright, 181, 2001: 14-16.
The act aims to improve & harmonise standards of provision in the independent health & social care sectors. Arranged under the following headings: National Care Standards Commission; General Social Care Council; Children's services; Fostering services; Adoption services; Children's homes; Residential special schools & boarding schools; Childminding & day care; Health care; Mental health care; Hospice care; Conclusion.
Children (Leaving Care) Act 2000
- The Children (Leaving Care) Act 2000.
Tregenna-Piggott, Antony and Daly, Christine
Childright, 181, 2001: 8-9.
The authors look at what the act means for looked after children. Arranged under the following headings: S.6: exclusion from welfare benefits; Who are eligible children ?; Who are relevant children?; Who are former-relevant children?; Who are qualifying children?; Who is the 'responsible authority'?; What is a 'personal adviser'?; What is a 'pathway plan'?; Complaints & representations.
Criminal Justice and Court Services Act 2000
- W(h)ither contact?: an alternative to current practices.
Waite, Ian
Probation Journal, 47(3), 2000: 203-205.
The author argues for a more therapeutic approach to contact disputes and suggests that the advent of the Children and Family Court Advisory & Support Service (CAFCASS) could provide the opportunity for reform.
- Preventing unsuitable people from working with children - the Criminal Justice and Court Services Bill.
Thomas, Terry
Child Abuse Review, 10(1), 2001: 60-69.
Considers the Criminal Justice and Court Services Bill which will make it a criminal offence for people with convictions against children to apply for work with children. Examines how the disqualification orders proposed in the bill will fit with existing criminal record check arrangements and the role of the Criminal Records Bureau, which will tie all these systems together in a "one-stop shop".
- The Criminal Justice and Court Services Act 2000: youth justice implications (Word)
NACRO. Youth Crime Section
[London]: National Association for the Care and Resettlement of Offenders (NACRO), 2001.
- CAFCASS: a service for children or a service for the courts?
Timmis, Gill
Family Law, 31, 2001: 280-287.
Discusses the Children and Family Court Advisory & Support Service (CAFCASS) in respect to the provision of services to children. Makes the case for a shift in focus to a child-centred perspective, driven by the child's right to appropriate participation in the court process.
Homelessness Act 2002
- Homelessness and the family.
Conway, Helen L.
Family Law, 32, 2002: 911-916.
Gives an overview of the main provisions of the Housing Act 1996 and the Homelessness Act 2002.
- Housing rights of 16- and 17-year-olds: new measures.
Benjamin, Tony
Childright, 183, 2002: 18-20.
Looks at legislative changes that affect the housing rights of 16 and 17 year-olds, such as the Children (Leaving Care) Act 2000, the Homeless (Priority Needs for Accommodation) (England) Order 2001 and the Homelessness Bill.
Adoption and Children Act 2002
- Adoption and Children Act 2002.
Roper, Frank
Highlight, 199, 2003.
Gives an overview of the Adoption and Children Act 2002, considers provisions of the Act in terms of adoption and amendments to the Children Act 1989, and looks at adoption initiatives established following the publication of the Prime Minister's Review of adoption, the White Paper 'Adoption: a new approach', the Adoption and Children Bill 2000 and the 2002 Act.
Children Act 2004
- Plain guide to the Children Act 2004.
Waterman, Chris and Fowler, John
Slough, Berkshire: National Foundation for Educational Research, 2004
ISBN: 1903880769
A guide which sets out the context of the Children Act 2004 in plain language. Includes the full text of the Act and Schedules, and an explanation of what each section of the Act means, with reference to the key groups affected by the legislation.
- Children Act 2004 (England and Wales).
Smith, Fergus
South Croydon: Children Act Enterprises, 2005
ISBN: 1899986073
This guide provides an accessible summary of the key points of the Children Act 2004. It looks at the role of Children's Commissioner, children's services in England and Wales, and advisory and support services.
Please note that items held in the NSPCC Library do not necessarily reflect the views of the NSPCC.
Although the websites listed here are checked regularly, the constantly changing nature of the internet means that some sites may alter after we have viewed them. The NSPCC is not responsible for, nor does it necessarily endorse, the content of these external websites. Please email library@nspcc.org.uk to report any broken links.
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