Children Act 1989, section 16A

Risk assessments

Part II Orders With Respect To Children In Family Proceedings

(1)This section applies to the following functions of officers of the Service or Welsh family proceedings officers—

(a)any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises;

(b)any function in connection with an order made by the court in such proceedings.

(2)If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must—

(a)make a risk assessment in relation to the child, and

(b)provide the risk assessment to the court.

(3)A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child.F244]

Definitions used in section 16A 9

functions

“functions” includes powers and duties;

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

“service”, in relation to any provision made under Part III, includes any facility;

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
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
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 16A 4

MS v MN

[2017] EWHC 324 (Fam) · 2 February 2017

The court applies section 16A as requiring a CAFCASS officer to provide a risk assessment where the officer has cause to suspect that the child is at risk of harm. The existing CAFCASS risk assessment could not be ignored when deciding whether direct contact was safe. (see paras [11]-[12])

D (Child)

[2014] EWHC 2376 (Fam) · 20 June 2014

Confirms CAFCASS’s duty to make a risk assessment where its officer has cause to suspect that a child is at risk of harm. The judgment treated the children’s circumstances as potentially relevant to that statutory duty.

C (A Child) , Re

[2013] EWCA Civ 1412 · 21 November 2013

Applies section 16A as the basis for Cafcass’s risk assessment to the court, while emphasising that safeguarding issues remain concerns or allegations until determined. (see paras [23]-[25])

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

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F244S. 16A inserted (1.10.2007) by Children and Adoption Act 2006 (c. 20), ss. 7, 17; S.I. 2007/2287, art. 2(2)(b)