Children Act 1989, section 16

Family assistance orders

Part II Orders With Respect To Children In Family Proceedings

(1)Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring—

(a)[F233 an officer of the ServiceF233][F234 or a Welsh family proceedings officerF234] to be made available; or

(b)a local authority to make an officer of the authority available,

to advise, assist and (where appropriate) befriend any person named in the order.

(2) The persons who may be named in an order under this section (“a family assistance order”) are—

(a)any parent[F235 , guardian or special guardianF235] of the child;

(b)any person with whom the child is living or [F236who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact ;F236]

(c)the child himself.

(3)No court may make a family assistance order unless—

(a)F237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)it has obtained the consent of every person to be named in the order other than the child.

(4)A family assistance order may direct—

(a)the person named in the order; or

(b)such of the persons named in the order as may be specified in the order,

to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person.

[F238 (4A)If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a [F239 contact provision contained in a child arrangements order F239] made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order.F238]

[F240 (4B) In subsection (4A) “contact provision” means provision which regulates arrangements relating to—

(a)with whom a child is to spend time or otherwise have contact, or

(b)when a child is to spend time or otherwise have contact with any person.F240]

(5)Unless it specifies a shorter period, a family assistance order shall have effect for a period of [F241twelve monthsF241] beginning with the day on which it is made.

[F242 (6)If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged).F242]

(7)A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless—

(a)the authority agree; or

(b)the child concerned lives or will live within their area.

F243(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F243(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 16 11

family proceedings

“family proceedings” has the meaning given by section 8(3);

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

(3) For the purposes of this Act “family proceedings” means any proceedings—

(a)under the inherent jurisdiction of the High Court in relation to children; and

(b)under the enactments mentioned in subsection (4),

Defined in s.8(3) · see it in the full Act
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
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
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
officer of the Service

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000 ;

Defined in s.105(1) · see it in the full Act
Welsh family proceedings officer

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .

Defined in s.105(1) · 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
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
special guardian

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

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

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

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

“family assistance order” has the meaning given in section 16(2);

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

Cases considering section 16 15

M (Children) (Rev 1)

[2017] EWCA Civ 891 · 29 June 2017Limits

The judgment interpreted section 16 as authorising family assistance orders for advice, assistance and befriending, but not compulsory supervision of contact by a local authority or CAFCASS. (see paras [33]-[42]) The judgment treated section 16(1) as identifying the officers and local-authority officers who may be made available to advise, assist and befriend persons named in a family assistance order. (see paras [33]-[34]) The judgment treated section 16(2) as permitting parents and children to be named in a family assistance order. (see paras [33]-[34]) The judgment held that advice and assistance concerning establishing, improving and maintaining contact did not extend to compelling the officer or authority to supervise contact. (see paras [34], [42]) The judgment used section 16(4B) to identify the contact arrangements to which section 16(4A) relates. (see para [33]) The judgment considered the maximum twelve-month duration of a family assistance order when assessing the potential resource burden of compulsory supervision. (see para [42]) The judgment noted that a family assistance order may require reporting on a co-existing section 8 order, but treated this as distinct from compulsory contact supervision. (see paras [33]-[34]) The judgment considered the statutory limits on requiring a local authority to make an officer available and concluded that section 16 did not authorise compulsory supervision. (see paras [33], [42])

P (Children), Re

[2015] EWCA Civ 466 · 9 April 2015

The court treated section 16 as the statutory basis for a family assistance order, subject to the specific restriction in section 16(7) and the prior-opinion requirement in Practice Direction 12M. (see paras [26]–[29]) The court held that the children’s residence within the local authority’s area supplied power to make a family assistance order without the authority’s agreement. The order nevertheless required prior consideration of the authority’s views under Practice Direction 12M, which had not occurred. (see paras [26]–[29])

H (A Minor)

[1998] EWCA Civ 98 · 29 January 1998

The court applied section 16 to make a family assistance order naming the parents and child. The order was justified by exceptional circumstances, party consent and the child’s residence within the local authority’s area.

What each judgment says about section 16 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F233Words in s. 16(1)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 89(a); S.I. 2001/919, art. 2(f)(ii)
  2. F234Words in s. 16(1) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 7; S.I. 2005/700, art. 2(2)
  3. F235Words in s. 16(2)(a) substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 58 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  4. F236Words in s. 16(2)(b) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(2); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F237S. 16(3)(a) repealed (1.10.2007 for certain purposes and 8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 6(2), 15, 17, Sch. 3; S.I. 2007/2287, art. 2(2)(a)(d); S.I. 2008/2870, art. 2(2)(f)
  6. F238S. 16(4A) inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(3), 17; S.I. 2007/2287, art. 2(2)(a)
  7. F239Words in s. 16(4A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(3); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  8. F240S. 16(4B) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 27(4); S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  9. F241Words in s. 16(5) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(4), 17; S.I. 2007/2287, art. 2(2)(a)
  10. F242S. 16(6) substituted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 6(5), 17; S.I. 2007/2287, art. 2(2)(a)
  11. F243S. 16(8)(9) repealed (1.4.2001) by 2000 c. 43, ss. 74, 75, Sch. 7 Pt. II para. 89(b), Sch. 8; S.I. 2001/919, art. 2(f)(ii)(g)

Commencement

  1. I15S. 16 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)