CCPR/C/58/Add.6 page 66
296. These proposals on the public and private law relating to children formed the basis for major new legislation which was introduced in Parliament in November 1988. The Children Bill which is currently under discussion in Parliament is intended to reduce the complexity of the law on children, to define the rights and duties of parents and to improve the powers available for protecting children. When implemented, it will represent a major revision and clarification of the law relating to children and family services. Nine Acts of Parliament will be repealed, including the Children Act 1975 and the Children and Young Persons (Amendment) Act 1986, referred to below (para. 314).
297. Parental responsibility is identified as a fundamental principle and defined in the bill. The Government's view is that the primary responsibility for the upbringing of children rests with their parents. The State should take the role of being ready to help parents discharge that responsibility, and of intervening compulsorily only where children are placed at unacceptable risk. Local authority care and social services for children should therefore be seen in this context.
298. Part I of the bill sets out the key proposition that the child's welfare is to be the paramount consideration where court decisions are taken concerning a child's upbringing. This legislation will not affect adoption legislation, which provides that the child's interests are to be the first consideration. Guardianship cases and cases of custody and access (e.g. following divorce) are covered by this principle as well as cases involving the public care authorities. Part II concerns orders and proceedings about children other than proceedings in which local authority care or supervision of the child is involved. A general principle is that delay should be minimized in any proceedings.
299. Part III sets out the responsibilities of local authorities towards children and their families. The children include children in need and disabled children, children under five and children in the care of the local authority. A general duty is placed on the local authority to safeguard and promote the welfare of children in its area who are in need and to promote the upbringing of such children by their own families. Emphasis is placed on enabling children in need to remain with their family wherever possible, and on the prevention of family breakdown. The general duty is to be discharged through a range of services which may be provided with the voluntary agreement of the parents. These include day care for children under five who are in need (although authorities are also empowered to provide day-care services for children who are not in need).
300. Accommodation is to be provided for certain categories of children, such as those who are lost or who have been abandoned, either with foster parents or in a children's home, and may also be provided for other children in need with the agreement of their parents. Other services include the provision of home helps and assistance for disabled children as well as advice, guidance and social work support.
301. Part IV relates to care and supervision orders made by courts concerning children. Parental responsibility is transferred to local authorities in cases where it is considered that children risk coming to harm. Contact between parents and children should continue when a child is in the care of a local authority, as long as it is not detrimental to the interests of the child.