THE CHILDREN ACT 1975

PART I relates to adoption and is set out in the following form: The Adoption Services (s.1 – 7), Adoption orders (s.8 – 25) and amendments to the Adoption Act 1958 (s.26 – 32).

Section 2 gives the local authorities functions and under Section 3 there is a duty imposed on the courts or adoption agencies to promote welfare of the child.  The Act address the situation where a child lives with the adopters before an order is made (s. 9), where the adoption is by a married couple (s. 10) and where adoption is made by one person (s. 11).  The Parental Agreement is covered under Section 12.  The religious upbringing of the adopted child is accounted for under Section 13.  Section 15 relates to progress reports to former parents.  Details regarding the revocation of Section 14 order are found under Section 16.   Care of child on refusal of adoption order is set out under Section 17 and there is a need to notify local authority of adoption application.  Section 23 sets out the transfer of parental rights and duties between adoption agencies.

PART II addresses the issue of custody.  This part includes custodianship orders (s.33 – 46), custody in Scotland (s.47 – 55).

Access and maintenance is set out under Section 34 and revocation and variation of orders can be found under Section 35.  Section 38 covers disputes between joint custodians.  Section 40 includes a requirement that a notice of application is to be given to local authority.  Section 41 sets out restrictions on removal of child where applicant has provided home for three years.  Section 43 relates to enforcement orders made by magistrates’ court.

PART III sets out requirements for children in care.  Restrictions are implemented for children in care of local authorities (s.56 – 59), children in care of voluntary organisations in England and Wales (s.60 – 63), details are given where there is conflict of interest between parent and child (s. 64 – 66), absence from care and children in need of secure accommodation is also addressed (s. 67 – 72).

Section 56 sets out the restrictions on removal of child from care.  Section 59 identifies a general duty of local authorities in care cases.  Section 60 addresses the transfer of parental rights and duties to voluntary organisations.  Section 61 imposes a duty on the local authority to assume parental rights and duties.  Section 66 looks at the safeguarding of children before children’s hearings in Scotland.  Section 67 relates to the recovery of children in care of local authorities.  Section 68 allows for an extension of powers under Section 32 of the Children and Young Person Act 1969.  Section 71 applies to grants in respect of secure accommodation.

Details of the law in Scotland are also given including further amendments of Social Work (Scotland) Act 1968 (s.73 - 84)

PART IV states further amendments of the law in England and Wales.  This part covers explanation concepts (s.85 – 89), reports in guardianship and matrimonial proceedings (s. 90 – 91), registration of births (s.92 – 93).  Part IV does not extend to Scotland.

PART V is the miscellaneous and supplemental part.  Areas include details on foster children (s. 95 – 97), inquiries in both England and Wales (s. 98) and Scotland (s. 99).   A supplemental section gives further details on authorised courts (s.100) and appeals (s. 101), saving for powers of High Court (s. 104), regulations and orders (s. 106), interpretation (s.107) and amendments, repeals, commencement and transitory provisions (s.108).

SCHEDULES

SCHEDULE 1 gives the status conferred by adoption or legitimation in England and Wales.  Part I sets out the interpretation, Part II relates to adoption orders, including status conferred by adoption and vocabulary, pensions, adoption of child by natural parents, peerages and insurance.  Part II is on legitimation.  This part deals with instruments concerning property and legitimation of adopted child.
Part IV is a supplemental section that gives details on dispositions depending on date of birth, protection of trustees and personal representatives.  It also covers property devolving with peerages and gives entails.
SCHEDULE 2 looks at the status conferred in Scotland by Adoption.  This includes general provisions in addition to pensions, insurance, social security, succession and property, adoption and legitimation and interpretation.
SCHEDULE 3 states the minor and consequential amendments.
SCHEDULE 4 lists the further appeals.  This includes status of the adopted child, legitimation, miscellaneous items, adoption orders and children in care of local authorities, registration of births, adoption agencies, adoption: evidence of agreement and guardians ad Litem, inquiries by adoption agencies, grants for voluntary organisations, protected children and custodianship.