Children Act 1989, section 1

Welfare of the child

Part I Introductory

(1)When a court determines any question with respect to—

(a)the upbringing of a child; or

(b)the administration of a child’s property or the application of any income arising from it,

the child’s welfare shall be the court’s paramount consideration.

(2)In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child.

[F1 (2A)A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare.

(2B) In subsection (2A) “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time. F1]

(3)In the circumstances mentioned in subsection (4), a court shall have regard in particular to—

(a)the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);

(b)his physical, emotional and educational needs;

(c)the likely effect on him of any change in his circumstances;

(d)his age, sex, background and any characteristics of his which the court considers relevant;

(e)any harm which he has suffered or is at risk of suffering;

(f)how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;

(g)the range of powers available to the court under this Act in the proceedings in question.

(4)The circumstances are that—

(a)the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or

(b)the court is considering whether to make, vary or discharge [F2a special guardianship order orF2] an order under Part IV.

(5)Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all.

[F3 (6) In subsection (2A) “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned—

(a)is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and

(b)is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement.

(7)The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother).F3]

Definitions used in section 1 8

the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
upbringing

“upbringing”, in relation to any child, includes the care of the child but not his maintenance;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
harm

“harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
special guardianship order

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act

Cases considering section 1 868

The Father v Worcestershire County Council

[2025] UKSC 1 · 29 January 2025

A child’s welfare is paramount when the court determines questions concerning upbringing, including whether to discharge a care order. The statutory appeal and discharge procedures are structured to protect that interest (see paras [16]; [28]; [85]). The welfare checklist supplies factors to which the court must have particular regard when deciding whether to discharge a care order (see paras [16]; [85]). The court must have particular regard to the statutory welfare factors when considering whether to make a care order (see para [16]). When deciding whether to discharge a care order, the court must consider the welfare checklist in section 1(3) (see para [85]). A care order may be made only where doing so is better for the child than making no order (see para [16]).

In the matter of H-W (Children)

[2022] UKSC 17 · 15 June 2022Interprets

When considering a care order as a Part IV order, the court must address the welfare checklist. The checklist informs the required holistic assessment of harm, parental capability, the effects of change and the range of available powers (see paras [40]; [53]-[55]). Cited only. Cited only. Cited only. Cited only. The welfare checklist's focus on harm requires assessment of both the nature and likelihood of the feared harm and its consequences if it occurs (see paras [52]-[53]). Cited only. The court must consider the full range of available powers, including supervision orders and other protective options. Failure to analyse that range contributed to the inadequacy of the proportionality assessment (see paras [55]; [59]-[60]). The necessity requirement obliges the court to consider whether the relevant risk can be reduced or mitigated before making a care order (see para [54]).

In the matter of NY (A Child)

[2019] UKSC 49 · 30 October 2019Limits

Although the welfare checklist does not expressly govern inherent-jurisdiction orders, its first six considerations are generally useful. When contemplating summary return, the court must consider whether any checklist matters require inquiry and how extensive that inquiry should be (see paras [49]; [58]). The child's wishes and feelings were identified as a matter on which a CAFCASS report may assist a summary-return welfare assessment (see para [62]). Section 1(4), with section 1(3), confines the checklist's express application to specified statutory orders. That limitation does not prevent courts from using the first six welfare considerations under the inherent jurisdiction (see para [49]).

848 more judgments, and what each says about section 1, are in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1S. 1(2A)(2B) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(2), 139(6); S.I. 2014/2749, art. 3 (with art. 4)
  2. F2Words in s. 1(4)(b) inserted (30.12.2005) by 2002 c. 38, ss. 115(3), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  3. F3S. 1(6)(7) inserted (22.10.2014) by Children and Families Act 2014 (c. 6), ss. 11(3), 139(6); S.I. 2014/2749, art. 3 (with art. 4)

Modifications

  1. C11S. 1(2)(3)(a)-(f) applied (with modifications) (14.10.1991) by S.I. 1991/1395, rule 11(1) (as amended (8.12.2008) by The Family Proceedings Courts (Children Act 1989) (Amendment) Rules 2008 (S.I. 2008/2858), rule 7)

Commencement

  1. I1S. 1 wholly in force at 14.10.1991, see s. 108(2)(3) and S.I. 1991/828, art. 3(2)