Children Act 1989, section 34

Parental contact etc. with children in care

Part IV Care and Supervision

(1)Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) [F553and their duty under section 22(3)(a)F553][F554 or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014F554] allow the child reasonable contact with—

(a)his parents;

(b)any guardian [F555or special guardianF555] of his;

[F556 (ba)any person who by virtue of section 4A has parental responsibility for him;F556]

(c)where there was a [F557child arrangementsF557] order in force with respect to the child immediately before the care order was made, [F558any person named in the child arrangements order as a person with whom the child was to live F558] ; and

(d)where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person.

(2)On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person.

(3)On an application made by—

(a)any person mentioned in paragraphs (a) to (d) of subsection (1); or

(b)any person who has obtained the leave of the court to make the application,

the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person.

(4)On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order.

(5)When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made.

(6)An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if—

(a)they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and

(b)the refusal—

(i)is decided upon as a matter of urgency; and

(ii)does not last for more than seven days.

[F559 (6A)Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in England are authorised to refuse to allow contact between the child and a person mentioned in any of paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1) of that Schedule does not require the authority to endeavour to promote contact between the child and that person.F559]

[F560 (6B)Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.F560]

(7)An order under this section may impose such conditions as the court considers appropriate.

(8)The Secretary of State may by regulations make provision as to—

[F561 (za)what a local authority in England must have regard to in considering whether contact between a child and a person mentioned in any of paragraphs (a) to (d) of subsection (1) is consistent with safeguarding and promoting the child's welfare;F561]

(a)the steps to be taken by a local authority who have exercised their powers under subsection (6);

(b)the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made;

(c)notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies.

(9)The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order.

(10)An order under this section may be made either at the same time as the care order itself or later.

(11)Before [F562making, varying or discharging an order under this section orF562] making a care order with respect to any child the court shall—

(a)consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and

(b)invite the parties to the proceedings to comment on those arrangements.

Definitions used in section 34 11

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
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
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
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
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
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
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

Cases considering section 34 106

H (Final Care Orders at IRH), Re

[2025] EWCA Civ 1342 · 23 October 2025

Before making a care order, the court had to consider proposed contact arrangements and invite the parties’ comments. A perfunctory endorsement without considering the reduction in parent-child and sibling contact was inadequate. (see paras [42]; [43])

T (Interim Care Order: Arrangements for Contact), Re

[2024] EWCA Civ 469 · 7 May 2024Limits

The Court sets out the Local Authority’s duty to allow reasonable contact with parents, read with the wider duty to promote contact unless contact is not reasonably practicable or is inconsistent with the child’s welfare. (see paras [29]-[31(i)]) The Court identifies section 34(2) as a possible route for regulating interim contact where the Local Authority seeks restriction to indirect contact rather than refusal of contact. (see para [45]) The Court confirms that a parent may apply for an order regulating contact and records that the mother could have sought defined contact when the Local Authority departed from the earlier plan. (see paras [25], [31(ii)]) The Court holds that adjournment of an application to authorise refusal of contact was not itself wrong where the Local Authority sought only interim restriction and did not intend to refuse contact. Determination under section 34(4) would therefore have been premature. (see paras [14], [20], [24(i)], [31(iii)], [45]) The Court records the power to make a contact order when making a care or interim care order, even without an application, where the court considers an order appropriate. (see para [31(iv)]) The Court records the Local Authority’s urgent power to refuse contact for up to seven days where it is satisfied that refusal is necessary to safeguard or promote the child’s welfare. (see para [31(v)])

S (A Child), Re

[2023] EWCA Civ 706 · 20 June 2023

The court confirms that a father without parental responsibility remains a legal parent and, where the child is in care, has a right to reasonable contact subject to permission for the local authority to refuse it. This supports the presumption in favour of joinder. (see paras [13]-[14])

86 more judgments, and what each says about section 34, are in the case-law panel in the full Act.

Amendments and notes

11 notes from legislation.gov.uk

Amendments

  1. F553Words in s. 34(1) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(2), 139(6); S.I. 2014/889, art. 6(d)
  2. F554Words in s. 34(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 98(a)
  3. F555Words in s. 34(1)(b) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  4. F556S. 34(1)(ba) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 64(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  5. F557Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(a); 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.
  6. F558Words in s. 34(1)(c) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 31(b); 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.
  7. F559S. 34(6A) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(3), 139(6); S.I. 2014/889, art. 6(d)
  8. F560S. 34(6B) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 98(b)
  9. F561S. 34(8)(za) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(4), 139(6); S.I. 2014/889, art. 6(d)
  10. F562Words in s. 34(11) inserted (25.7.2014) by Children and Families Act 2014 (c. 6), ss. 8(5), 139(6); S.I. 2014/889, art. 6(d)

Commencement

  1. I31S. 34 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)