Parental contact with children in care CA 1989 s. 34
Local authorities must allow children in care reasonable contact with parents, guardians, and child arrangements order holders unless court orders otherwise.
Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a) or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014 allow the child reasonable contact with— his parents; any guardian or special guardian of his; any person who by virtue of section 4A has parental responsibility for him; where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in the child arrangements order as a person with whom the child was to live ; and 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. 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. On an application made by— any person mentioned in paragraphs (a) to (d) of subsection (1); or 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. 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. 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. 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— they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and the refusal— is decided upon as a matter of urgency; and does not last for more than seven days. 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. 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. An order under this section may impose such conditions as the court considers appropriate. The Secretary of State may by regulations make provision as to— 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; the steps to be taken by a local authority who have exercised their powers under subsection (6); 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; 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. 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. An order under this section may be made either at the same time as the care order itself or later. Before making, varying or discharging an order under this section or making a care order with respect to any child the court shall— 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 invite the parties to the proceedings to comment on those arrangements.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision requires a local authority looking after a child in care to allow that child reasonable contact with parents, guardians, special guardians, and persons who hold parental responsibility by virtue of section 4A. It also covers persons named in a child arrangements order as a person with whom the child was to live immediately before the care order, and persons who had care of the child under the High Court's inherent jurisdiction.
Either the local authority or the child may apply to the court for orders regarding contact, including orders authorising the authority to refuse contact. Parents, guardians, and other specified eligible individuals may also apply to court for contact orders. If an urgent decision is required to safeguard or promote the child's welfare, the authority may refuse contact without a prior court order for a period of no more than seven days.
The court has power to make contact orders when making a care order or during family proceedings, even without a formal application. Courts may attach conditions to contact orders and can vary or discharge them. Before making, varying, or discharging any order under this section, the court must consider the local authority's contact arrangements and invite comments from all parties.
When it applies
- A parent seeking agreed contact arrangements with their child who is placed under a care order with the local council.
- A local authority urgently stopping contact between a child in care and a parent for up to seven days due to an immediate risk to the child's welfare.
- A person named in a pre-existing live-with child arrangements order applying to court for contact after the child enters care.
- A local authority applying for a court order authorising them to refuse contact between a child in care and a parent.
What this section does not say
- Disputes over contact between parents when the child is not in local authority care.
- Decisions on whether the threshold criteria for placing a child into care are met.
- Applications to discharge or alter the care order itself.
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This page reproduces the text of CA 1989 s. 34 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.