Children Act (Hansard, 13 May 1985)

§ Mr. John Patten

The custodianship provisions of the Children Act 1975 will be brought into force in England and Wales on 1 December 1985. When the orders are introduced, people who have been caring for children will be able to apply to the courts for legal custody. Custodians will have the parental rights and duties of a natural parent and will be able to make decisions about a child's day-to-day care and upbringing in the same way as a parent.

Three groups of people will be able to apply for custodianship orders: relatives, such as grandmothers; step-mothers, who will then be able to share with their partners the rights and duties of parents; foster parents. Those who have cared for a child for three years will be able to apply for a custodianship order without the consent of parents or local authority. After the application is made, the child cannot be taken away.

I am pleased that our proposals to introduce custodianship orders were welcomed by organisations representing children and families when we consulted them last year. These new measures will mean greater stability and security for children in the families in which they are being brought up. It will benefit children for whom adoption is not the answer but who need settled homes because their parents cannot care for them. Unlike adoption, custodianship does not mean that a child's legal ties with his own family are completely broken.

We shall present the commencement order and custodianship report regulations to Parliament at the end of May. At the same time we shall issue a circular of guidance, to explain the provisions, to local authorities and other interested bodies.