The Children Act 1948

Part I specifies a duty of local authorities to assume care of children.
Section 1 identifies the duty of Local Authorities to assume care for children and to provide for orphans and deserted children.  Section 2 identifies an assumption that the Local Authority has parental rights.  Section 3 lays out the effects of the assumption.  Section 4 sets out the duration and resolution under Section 2.

Section 5 states the duty of local authority to act as fit person under the Children and Young Persons Act.  Section 6 explains the application of preceding provisions to children already subject or becoming subject to orders of court.  Under s.6(3)  the provisions shall have effect to approved school orders and orders under the Children and Young Person Act 1996.  Under s.6(4) reference is made to children under the supervision of managers and refers to the Children and Young Person Act 1933 and what happens when a Local Authority receives a child into their care.

Section 7 considers children in care of Minster of Pensions.  s.7(1) explains when a duty transfers to the Minister and the child ceases to be in the care of the local authority.  s.7(3) states if the Minster of Pensions is responsible it is the duty of that minister to make provisions for him.  Section 8 addresses children who are in the care of the Local Authority but become subject to an others control under Metal Deficiency or Lunacy and Mental Treatment Acts then the child ceases to be in care of Local Authority.

Section 9 gives a meaning of parents or guardians.  Section 10 sets out a duty of parents to maintain contact with the Local Authority having their children in care.

Part II focuses on the treatment of children in care of the Local Authority.  Section 11 explains the scope of Part II where by it relates to the powers and duties of local authorities in relation to children received by them.  The general duty is set out under Section 12 and details on accommodation and maintenance are explained under Section 13.  s.13(1) sets out when the duty to provide accommodation and maintenance is discharged.

Section 14 outlines regulations to boarding out.  Section 15 provides a duty on the Local Authority to provide homes for the accommodation of children in their care.  Section 16 relates to the accommodation of children in voluntary homes.  Section 17 empowers local authorities with the consent of the Secretary of State to arrange for emigration of children.  Section 18 discusses the burial or cremation of deceased children.  Section 19 explains when a Local Authority may make a provision of hostels for persons under 21.  Section 20 explains when financial assistance towards expenses of maintenance, education or training of persons over 18 can be made.  Section 21 allocates the functions between the Local Authority and Local Education Authority.  Section 22 grants power to the Local Authority to make payments to any parent or guardian or other person connected.  This includes various expenses such as travelling visiting a child or attending a funeral.

Part III deals with contributions towards maintenance of children.  Contributions in respect of children in care of Local Authority are under s.23 and persons who are liable to make contributions are stated under s.24.  Affiliation orders are set out under s.26.

Part IV relates specifically to voluntary homes and voluntary organisations.  Section 27 makes provisions to voluntary homes to extend to homes supported wholly of partly by endowments.  Section 28 extends age limits in provision relating to voluntary homes.  Section 29 requires all homes to be registered.  Section 30 gives details on appeal if registration is refused.  Section 31 sets out conduct of voluntary homes.  Section 33 grants powers of Secretary of State in respect of voluntary organisations.  Section 34 gives on the after care of children formerly in care of Local Authority or voluntary organisation.

Part V gives provision on Child Life Protection.  Section 35 applies to all children below school leaving age.  Section 36 extends this provision to children up to 18.

Part VI sets out the administrative and financial provisions.  Section 38 relates to provision of Local Authority.  Section 39 requires a children committee.  Section 40 allows some of the provisions to be modified.  Under Section 41 there is a requirement of a children’s officer.  Grants are addressed under Sections 45 – 47 including training in child care (s.45) grants for voluntary organisations (s.46), grants to Local Authority (s.47).

Part VII is a general section.  General areas include, appointment of guardians (s.50), the provision of safety (s.51), amendment of family allowances (s.52), enforcement orders for payment (s.53) and provisions as to entry and inspection (s.54).  Section 55 explains prosecution of offences and Section 56 relates to acquisition of land.  Section 59 gives the interpretation of the Act.  Section 60 discusses transitional provisions.

SCHEDULES

FIRST SCHEDULE: Details regarding appeal tribunals and constitution of appeal tribunals in both England and Wales and Scotland.
SECOND SCHEDULE:  Transitional provisions.
THIRD SCHEDULE:  Reference made to minor and consequential amendments.
FOUTH SCHEDULE: Lists of enactments repealed.