THE CHILD CARE ACT 1980

Part I sets out the powers and duties of local authorities in relation to the welfare and care of children.  There is a general duty imposed on local authorities to promote the welfare of children (s. 1), a duty imposed on local authority to assume care and provide for orphans and deserted children (s. 2), and an assumption by local authority of parental rights and duties (s. 3).  The duration and rescission of resolutions under s. 3 are set out under Section 5.  Section 6 – 8 relates to procedural matters relating to court proceedings.  Section 9 imposes a duty of parents to maintain contact with local authorities having their children in care.  Section 10 -12 sets out provisions as to children subject to care order.  Section 10 imposes powers and duties of local authorities with respect to children committed to their care.

Part II relates to absence from care setting out provisions relating to children in care of local authorities under Section 2.  Section 13 imposes a penalty for assisting children in care under Section 2 to run away.  Section 14 applies to harbouring or concealing a child required to return to the local authority.  Section 15 addresses the recovery of children in care under Section 2.  Section 16 sets out the provisions relating to children in care of local authorities by virtue of care order.

Part III addresses the treatment of children who are or have been in care of Local Authorities.  Section 18 sets out a general duty of local authority in relation to children in their care.  Section 19 imposes a power of Secretary of State to give directions to local authority for protection of public.  Section 21 sets out a provision of accommodation and maintenance for children in care.  Section 22 states the regulations for boarding out.  Section 23 empowers the local authority to guarantee apprenticeship deeds etc of children in their care and Section 24 empowers the local authorities to arrange for emigration of children.  Section 25 applies to the burial or cremation of deceased children.  Section 26 empowers the local authority to defray expenses of parents etc visiting children or attending funerals.  Section 27 allows local authority to provide financial assistance towards expenses of maintenance, education or training of persons over seventeen.  Section 28 relates to the after care of children formerly in care of local authorities under s. 2.  Section 29 gives the local authority power to visit and assist persons formerly in their care.  Section 30 applies to the allocation of functions between local authority and local education authority.

Part IV relates specifically to care homes.  This includes regional planning of accommodation for children in care (s. 31), regional plans for community homes (s.  32), approval and variation of regional plans (s. 33), provision of community homes by local authority (s. 34), instruments of management for assisted and controlled community homes (s. 35), management controlled community homes (s. 37), management of assisted community homes (s.38), regulations as to conduct of community homes (s. 39) and determination of disputes relating to controlled and assisted community homes (s. 42).

Part V addressed contributions towards maintenance of children in care of local authorities.  Section 45 sets out the liability for contributions in respect of children in care.  Details include the amount of contributions (s. 46), contribution orders (s.47), transfer of payments under an affiliation order to local authority (s. 49), recovery of arrears contributions (s. 51) and proceedings by or against a person residing in Scotland or Northern Ireland (s. 55).

Part VI relates to voluntary homes and voluntary organisations.  This part includes the definition of voluntary home (s. 56), registration of voluntary homes (s. 57), details of appeals (s. 58) and notification of particulars with respect to voluntary homes (s. 59).  Regulations as to voluntary homes and organisations are set out.  This includes regulations as to conduct of voluntary homes (s. 60), regulations as to the boarding out of children by voluntary organisations (s. 61), and regulations as to arrangements by voluntary organisations for emigration of children (s. 62).  Restrictions are also included relating to the removal of a child from care of voluntary organisations (s. 63) and transfer of parental rights and duties to voluntary organisations (s. 64).  There is a duty of local authority to assume parental rights and duties (s. 65) and a duty for the local authority to visit children in voluntary homes (s. 68).  After care of children formerly in care of voluntary organisations is incorporated (s. 69).

Part VII contains the miscellaneous and supplementary provisions.  This includes Advisory Council on child care (s. 71), duty for local authority to provide accommodation of persons over school age in convenient community home (s. 72), and provisions of safety (s. 73).  Further areas include inspections and inquiries (s. 74 – 76), research and training (s. 77 – 78), financial provisions (s. 80 – 83) and supplementary provisions (s. 84 – 91).

SCHEDULES

SCHEDULE 1: Children’s Regional Planning Committees
SCHEDULE 2: This identifies the modification of provisions of Part V of this Act in relation to persons residing in Scotland and Northern Ireland.
SCHEDULE 3: Sets out the constitution of Appeal Tribunal.
SCHEDULE 4: States the transitional provisions and savings.
SCHEDULE 5: Lists the consequential amendments.
SCHEDULE 6: Lists the repeals.