Search Legislation

Children Act 1989

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Children Act 1989, Section 31 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

31 Care and SupervisionE+W

(1)On the application of any local authority or authorised person, the court may make an order—

(a)placing the child with respect to whom the application is made in the care of a designated local authority; or

(b)putting him under the supervision of a designated local authority F1. . ..

(2)A court may only make a care order or supervision order if it is satisfied—

(a)that the child concerned is suffering, or is likely to suffer, significant harm; and

(b)that the harm, or likelihood of harm, is attributable to—

(i)the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or

(ii)the child’s being beyond parental control.

(3)No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married).

[F2(3A)A court deciding whether to make a care order—

(a)is required to consider the permanence provisions of the section 31A plan for the child concerned, but

(b)is not required to consider the remainder of the section 31A plan, subject to section 34(11).

[F3(3B)For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—

(a)such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—

(i)the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;

(ii)adoption;

(iii)long-term care not within sub-paragraph (i) or (ii);

(b)such of the plan's provisions as set out any of the following—

(i)the impact on the child concerned of any harm that he or she suffered or was likely to suffer;

(ii)the current and future needs of the child (including needs arising out of that impact);

(iii)the way in which the long-term plan for the upbringing of the child would meet those current and future needs.]

(3C)The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan.]

(4)An application under this section may be made on its own or in any other family proceedings.

(5)The court may—

(a)on an application for a care order, make a supervision order;

(b)on an application for a supervision order, make a care order.

(6)Where an authorised person proposes to make an application under this section he shall—

(a)if it is reasonably practicable to do so; and

(b)before making the application,

consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident.

(7)An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is—

(a)the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or

(b)subject to—

(i)a care order or supervision order;

[F4(ii)a youth rehabilitation order within [F5the meaning given by section 173 of the Sentencing Code]; or]

[F6(iii) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act    2011. ]

(8)The local authority designated in a care order must be—

(a)the authority within whose area the child is ordinarily resident; or

(b)where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made.

(9)In this section—

  • authorised person” means—

    (a)

    the National Society for the Prevention of Cruelty to Children and any of its officers; and

    (b)

    any person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;

  • harm” means ill-treatment or the impairment of health or development [F7including, for example, impairment suffered from seeing or hearing the ill-treatment of another];

  • development” means physical, intellectual, emotional, social or behavioural development;

  • health” means physical or mental health; and

  • ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.

(10)Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child.

(11)In this Act—

  • a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and

  • a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

Textual Amendments

F1Words in s. 31(1)(b) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 90, Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

F2S. 31(3A)-(3C) substituted for s. 31(3A) (22.4.2014) by Children and Families Act 2014 (c. 6), ss. 15(1), 139(6); S.I. 2014/889, art. 4(d) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10)

F5Words in s. 31(7)(b)(ii) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 109 (with Sch. 27); S.I. 2020/1236, reg. 2

F7S. 31(9): words in definition of "harm" inserted (31.1.2005) by 2002 c. 38, ss. 120, 148 (with Sch. 4 paras. 6-8); S.I. 2004/3203, art. 2(2)

Modifications etc. (not altering text)

C1S. 31 applied (14.10.1991) by S.I. 1991/2032, art. 3(1).

C3S. 31(1)(a) extended (30.9.1998) by 1998 c. 37, s. 12(6)(a)(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8)

C4S. 31(2) modified (30.9.1998) by 1998 c. 37, s. 12(7); S.I. 1998/2327, art. 2(1)(c) (subject to arts. 5-8).

Commencement Information

I1S. 31 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources