The Children Act 1989: Core Principles for Residential Practice
The Children Act 1989 and Children Act 2004 remain the legislative cornerstones of UK children’s social care. For professionals in residential settings, understanding the relevance, function, and operational impact of these Acts is essential — not only for compliance, but for informed daily care, multi-agency collaboration, and advocacy on behalf of looked-after children.
This page outlines the Acts’ key provisions and clarifies their practical application within the context of children’s homes.
1. Welfare as the Paramount Consideration
Section 1 makes clear: all decisions must prioritise the child’s welfare. This underpins daily planning, key working, and risk management in homes.
2. Parental Responsibility and Court Orders
- Parental responsibility (Section 3) affects decision-making around consent, access, and consultation
- Section 20 (voluntary accommodation) and Section 31 (Care Orders) directly affect who holds decision-making power — see Understanding Section 20 and 31
- Clarity on PR helps avoid escalation and supports lawful care practice
3. Looked-After Children (LAC) Status
A child is ‘looked after’ if they are subject to a care order or accommodated under Section 20. This status triggers statutory protections and expectations of care providers.
4. Care Planning, Reviews, and Case Management
- The Act mandates regular Looked-After Child Reviews and multi-agency involvement
- Residential homes contribute by sharing progress updates, participating in planning meetings, and liaising with IROs
The Children Act 2004: Integrated Safeguarding Duties
The 2004 Act strengthened safeguarding through inter-agency cooperation and introduced a duty to promote wellbeing. For residential professionals, this means:
- Cooperating with local authorities, schools, CAMHS, and police
- Upholding Section 11 duties around safeguarding, including staff training and organisational accountability
- Embedding child voice and consultation in daily life, not just formal reviews
How the Acts Apply in Residential Settings
Area of Practice
Legal Basis
Implications for Care Homes
Consent and contact decisions
Section 3, 20, 31 (1989 Act)
Identify who holds PR; involve accordingly
Behaviour and safeguarding
Section 17, 47 (1989); Section 11 (2004)
Report concerns; ensure staff know thresholds
Education and PEPs
Section 22 (1989 Act)
Support learning plans and liaise with Virtual Schools
Therapeutic work
Section 17 and statutory guidance
Work within the care plan; share insights with CAMHS
Transitions and planning
Care Planning Regs; LAC Review framework
Contribute meaningfully to pathway plans and reviews
How the Acts Apply in Residential Settings
Area of Practice
Consent and contact decisions
Legal Basis
Section 3, 20, 31 (1989 Act)
Implications for Care Homes
Identify who holds PR; involve accordingly
Area of Practice
Behaviour and safeguarding
Legal Basis
Section 17, 47 (1989); Section 11 (2004)
Implications for Care Homes
Report concerns; ensure staff know thresholds
Area of Practice
Education and PEPs
Legal Basis
Section 22 (1989 Act)
Implications for Care Homes
Support learning plans and liaise with Virtual Schools
Area of Practice
Therapeutic work
Legal Basis
Section 17 and statutory guidance
Implications for Care Homes
Work within the care plan; share insights with CAMHS
Area of Practice
Transitions and planning
Legal Basis
Care Planning Regs; LAC Review framework
Implications for Care Homes
Contribute meaningfully to pathway plans and reviews
Why Familiarity Matters
Professionals in children’s homes are not passive observers in the care process — they are active agents of safeguarding, stability, and advocacy. A working knowledge of both Acts enables:
- Confident decision-making within legal limits
- Better partnership with social workers and IROs
- Accountability in inspections and audits
- Ethical, rights-based residential care
At Welcare, we ensure every member of staff understands how the law shapes their role, from bedtime routines to multi-agency meetings.
Professionals in children’s homes are not passive observers in the care process — they are active agents of safeguarding, stability, and advocacy. A working knowledge of both Acts enables:
- Confident decision-making within legal limits
- Better partnership with social workers and IROs
- Accountability in inspections and audits
- Ethical, rights-based residential care
At Welcare, we ensure every member of staff understands how the law shapes their role, from bedtime routines to multi-agency meetings.