Children Act 1989, section 91

Effect and duration of orders etc

Part XII Miscellaneous and General

(1)The making of a [F950child arrangements order with respect to the living arrangements of F950] a child who is the subject of a care order discharges the care order.

[F951 (1A)For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—

(a)with whom the child is to live, and

(b)when the child is to live with any person.F951]

(2)The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.

[F952 (2A)Where [F953 anF953] activity direction has been made [F954 with respect toF954] a child, the making of a care order with respect to the child discharges the direction.F952]

(3)The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.

(4)The making of a care order with respect to a child who is a ward of court brings that wardship to an end.

(5)The making of a care order with respect to a child who is the subject of a school attendance order made under [F955section 437 of the Education Act 1996F955] discharges the school attendance order.

[F956 (5A)The making of a special guardianship order with respect to a child who is the subject of—

(a)a care order; or

(b)an order under section 34,

discharges that order.F956]

(6)Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.

(7)Any order made under section 4(1) [F9574ZA(1),F957][F958 4A(1)F958] or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(8)Any—

(a)agreement under section 4 [F959, 4ZAF959][F960 or 4AF960] ; or

(b)appointment under section 5(3) or (4),

shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(9)An order under Schedule 1 has effect as specified in that Schedule.

(10)F961,F962A section 8 order ... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6). . . .

[F963 (10A)Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—

(a)with whom a child is to live, or

(b)when a child is to live with any person.F963]

(11)Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.

(12)Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.

(13)Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.

(14)On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.

[F964 For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).F964]

(15) Where an application (“the previous application”) has been made for—

(a)the discharge of a care order;

(b)the discharge of a supervision order;

(c)the discharge of an education supervision order;

(d)the substitution of a supervision order for a care order; or

(e)a child assessment order,

no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.

(16)Subsection (15) does not apply to applications made in relation to interim orders.

(17)Where—

(a)a person has made an application for an order under section 34;

(b)the application has been refused; and

(c)a period of less than six months has elapsed since the refusal,

that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.

Definitions used in section 91 16

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
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
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
activity direction

“activity direction” has the meaning given by section 11A;

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

“a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.

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

“supervision order” has the meaning given by section 31(11);

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
school

“school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the Education (Scotland) Act 1980 ;

Defined in s.105(1) · 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
emergency protection order

“emergency protection order” means an order under section 44;

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

“education supervision order” has the meaning given in section 36;

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

(2) In this Act “an education supervision order” means an order under subsection (1).

Defined in s.36(2) · see it in the full Act
child assessment order

“child assessment order” has the meaning given by section 43(2);

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

(2) In this Act “a child assessment order” means an order under this section.

Defined in s.43(2) · see it in the full Act

Cases considering section 91 202

C (Child Arrangements Orders; Domestic Abuse; Child Focused Court), Re

[2026] EWCA Civ 1216 · 29 September 2026Limits

A section 91(14) order restricts applications without permission. The court held that, although a respite from litigation might be appropriate, the restriction against the mother lacked the necessary individualised justification and had to be set aside. (see paras [129]-[133])

LAU, R (on the application of) v The Family Court at Croydon

[2026] EWCA Civ 1115 · 4 August 2026Limits

While the section 91(14) order remained in force, the applicant could not make a substantive application concerning contact without first obtaining permission. The court office was under no obligation to issue such an application before permission was granted. Its later expiry did not alter the historic judicial-review claim. (see paras [13]; [43])

A, B and C (Child Arrangements: Final Order at Dispute Resolution Appointment), Re

[2025] EWCA Civ 55 · 31 January 2025

Applies the provision as requiring leave before a further application, rather than imposing an absolute bar. The order was justified by repeated unreasonable litigation conduct and the children’s need for a break from litigation (see paras [59]-[60]).

182 more judgments, and what each says about section 91, are in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F950Words in s. 91(1) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(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.
  2. F951S. 91(1A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(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.
  3. F952S. 91(2A) inserted (8.12.2008) by Children and Adoption Act 2006 (c. 20), ss. 15, 17, Sch. 2 para. 9; S.I. 2008/2870, art. 2(2)(e)
  4. F953Word in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(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.
  5. F954Words in s. 91(2A) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(4)(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.
  6. F955Words in s. 91(5) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37, Pt. I para. 90 (with Sch. 39, paras. 30, 39)
  7. F956S. 91(5A) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(a) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  8. F957Words in s. 91(7) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(a); S.I. 2009/479, art. 6(1)(e)
  9. F958Words in s. 91(7) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 68(b) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o)
  10. F959Words in s. 91(8)(a) inserted (6.4.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 56, 68, Sch. 6 para. 29(b); S.I. 2009/479, art. 6(1)(e)
  11. F960Words in s. 91(8) inserted (30.12.2005) by 2002 c. 38, ss 139, 148, Sch. 3 para. 68(c) (with Sch. 4 paras. 6-8): S.I. 2005/2213, art. 2(o)
  12. F961Words in s. 91(10) omitted (22.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(5); 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.
  13. F962Words in s. 91(10) repealed (1.9.2009) by Children and Young Persons Act 2008 (c. 23), ss. 37(3)(b), 42, 44, Sch. 4; S.I. 2009/1921, art. 2(b)(d); S.I. 2009/2273, art. 2(2)(k)(m)
  14. F963S. 91(10A) inserted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 37(6); 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.
  15. F964Words in s. 91(14) inserted (19.5.2022) by Domestic Abuse Act 2021 (c. 17), ss. 67(2), 90(6); S.I. 2022/553, regs. 1(2), 2(1)(b)

Commencement

  1. I76S. 91 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)