The children act 1989: Local authorities, wardship and the revival of the inherent jurisdiction

Abstract

One of the consequences of the introduction of a new code of child care law by the Children Act 1989 has been the imposition of major restrictions upon the use of the High Court's wardship jurisdiction. These restrictions are aimed especially, but not exclusively, at the use of wardship by local authorities; but are framed in terms of the inherent jurisdiction rather than just wardship. The Act has thereby revived the wider inherent jurisdiction whilst simultaneously limiting its application. This article examines the way in which the legislation has sought to take away non-statutory remedies for child protection whilst giving rise to new ones, with particular reference to the scope for the continued use of wardship and how that use will relate to the revived inherent jurisdiction.