header-logo header-logo

28 November 2019 / David Burrows
Issue: 7866 / Categories: Features , Family
printer mail-detail

Happy anniversary? 30 years of the Children Act

12253
On the 30th anniversary of the Children Act, David Burrows reflects on the state of children’s rights
  • Legal developments in the run up to the Children Act 1989.
  • Birth of the Children Act 1989.
  • Listening to children.
  • A case about children’s rights.
  • Children’s rights in 2019: thirty years on from Children Act 1989.

The Children Act 1989 (CA 1989) received Royal Assent on 16 November 1989 (in force from October 1991). Its thirtieth anniversary is upon us. It was a statute which required all courts, social workers and practising children lawyers (a breed which at the time was only just emerging) to learn a new set of legal concepts.

This article looks specifically at children’s rights under the Act in those thirty years. Central to this is the United Nations Convention on the Rights of the Child 1989. Its Art 12.1 says: ‘1 States Parties shall assure to the child who is capable of forming his or her own views the right to express

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
back-to-top-scroll