[6][note 1] In 1995, for the purposes of devolution, the Act was replaced by parallel legislation in Scotland and Northern Ireland.
[12] The Act allocates duties to local authorities, courts, parents, and other agencies in the United Kingdom, to ensure children are safeguarded and their welfare is promoted.
A "specific issue order" relates to directions given from the court to address a query that has arisen regarding parental responsibility for a child.
A child is deemed as "in need" if they are disabled or unlikely to achieve a reasonable standard of health or development unless services are provided.
[44] The local authority must provide day care for children in need who are under the age of five and not attending school if appropriate.
[45] Under section 20 of the Act local authorities must provide accommodation for any child in need who has no-one with parental responsibility to care for them.
[46] A community home placement may be deemed necessary for persons between the ages of 16 and 18 to promote their welfare and safety.
Persons with parental responsibility should also be consulted, and if they object the child (unless they are over 16 years old) cannot be accommodated under Section 20 of this Act.
Consideration should also be given to the child's age, understanding, religion, race, culture and linguistic background.
[52] Section 26 of the Act outlines the obligation of the local authority to review cases regularly and they should have a complaints procedure available to the children they are caring for.
[53] Local authorities also have a duty to communicate and share information with other agencies if it complies with their own statutory obligations.
[59] Parents and guardians should be given reasonable amounts of contact with the child during the time they are in care unless otherwise directed by the court.
However, in urgent situations to protect the child the local authority may refuse contact for up to seven days.
Local authorities may apply to the court to prevent contact to safeguard or promote the child's welfare.
Before an application for an order is made, the education authority must consult with the "social service committee".
A care order, full or interim will confer parental responsibility ("PR") upon the applicant local authority.
[63] A guardian has access to and may take copies of any local authority records relating to the child concerned.
[64] The Guardian is under an obligation to represent and safeguard the interests of the child during the currency of the legal proceedings.
Older children may, if they disagree with the view of their Guardian, instruct their own solicitor to act on their behalf.
[65] An application can be made to the court for an emergency protection order (EPO) if it is believed a child is likely to suffer significant harm if they are not taken to, or remain in, a place of safety.
As part of the order, the court can direct contact conditions and medical examinations of the child.
This requirement can only be ordered if it is believed that the child will not suffer significant harm if this person no-longer lives at the property.
They do not require a court order, but they must ensure that the local authority is informed and the child is accommodated appropriately.
It is also an offence to encourage or assist a child to run away from the responsible person; this can be punishable by imprisonment up to 6 months or a fine.
[76] If a local authority wishes to cease using a voluntary owned community home, they must also give 2 years notice in writing.