Children Act 1989, section 100

Restrictions on use of wardship jurisdiction

Part XII Miscellaneous and General

(1)M31Section 7 of the Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect.

(2)No court shall exercise the High Court’s inherent jurisdiction with respect to children—

(a)so as to require a child to be placed in the care, or put under the supervision, of a local authority;

(b)so as to require a child to be accommodated by or on behalf of a local authority;

(c)so as to make a child who is the subject of a care order a ward of court; or

(d)for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.

(3)No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court.

(4)The court may only grant leave if it is satisfied that—

(a)the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and

(b)there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm.

(5)This subsection applies to any order—

(a)made otherwise than in the exercise of the court’s inherent jurisdiction; and

(b)which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted).

Definitions used in section 100 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
local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

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
a care order

“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

Defined in s.31(11) · see it in the full Act
care order

“care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;

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
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
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

Cases considering section 100 123

X and Y (Children: Adoption Order: Setting Aside), Re

[2026] UKSC 13 · 22 April 2026Limits

The section heavily curtails local-authority use of the inherent jurisdiction as an alternative to statutory child-protection powers. It illustrates that residual parens patriae powers must remain loyal to the statutory scheme. (see paras [58]-[60]) A local authority requires the court’s permission before seeking exercise of the inherent jurisdiction concerning a child. (see para [58]) Permission requires likely significant harm and a matter for which the Act makes no provision. This confines the residual jurisdiction to genuine statutory gaps requiring child protection. (see paras [58]-[60])

In the matter of T (A Child) (Appellant)

[2021] UKSC 35 · 30 July 2021Disapplies

The court construed the section as preserving a limited protective safety net while preventing circumvention of the statutory care and supervision scheme. It did not bar the orders made for T. (see paras [63]-[80]; [106]-[121]) The subsection removes the former power under section 7 of the Family Law Reform Act 1969 to place a ward in local-authority care or supervision. (see paras [78]; [116]) The subsection prevents the inherent jurisdiction from circumventing the statutory scheme for compulsory local-authority intervention but does not extinguish the jurisdiction’s protective role. (see paras [108]-[119]) The paragraph prevents use of the inherent jurisdiction to require care or supervision without satisfying Part IV’s statutory scheme. (see paras [108]; [116]-[118]) The paragraph prevents the inherent jurisdiction from requiring a local authority to accommodate a child, but it did not apply where the authority already had that statutory duty. (see paras [108]; [117]-[118]) The paragraph prevents the inherent jurisdiction from making a child who is subject to a care order a ward of court. (see paras [108]; [118]) The paragraph prevents conferral on a local authority of power to determine a question concerning parental responsibility. It did not bar an order by which the court itself authorised otherwise lawful restrictions where the authority already possessed parental responsibility. (see paras [106]-[121]) The subsection preserves local-authority access to the inherent jurisdiction but requires the authority first to obtain the court’s leave. (see paras [79]; [109]; [119]) The subsection creates a statutory safety net by permitting leave where no alternative order can achieve the required result and significant harm is likely without use of the inherent jurisdiction. (see paras [109]; [119]-[120]) The condition was satisfied because no approved secure accommodation was available and no order other than one under the inherent jurisdiction could supply the required authorisation. (see paras [120]; [140]-[145]) The likely-significant-harm condition was satisfied; it had not been argued that T could safely be left without the placements arranged by the authority. (see paras [120]; [140]-[145]) The subsection identifies the alternative non-inherent-jurisdiction orders against which the section 100(4)(a) condition must be tested. (see paras [109]-[120])

In the matter of NY (A Child)

[2019] UKSC 49 · 30 October 2019Limits

Parliament expressly prohibited exercise of the inherent jurisdiction to place a child in local-authority care. The absence of an equivalent prohibition for section 8 or section 10 relief showed that the inherent jurisdiction remained available for summary return (see para [40]).

103 more judgments, and what each says about section 100, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Commencement

  1. I83S. 100 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M311969 c. 46.