Since 2005, local authorities have been under a duty under the Children Act 1989 (as amended by section 53 of the Children Act 2004) to ascertain the child’s wishes and feelings and give due regard to their age and understanding when determining what (if any) services to provide under section 17 of the Children Act 1989, and before making decisions about action to be taken to protect individual children under section 47 of the Children Act 1989. These duties complemented existing requirements relating to the wishes and feelings of children who are, or may be, looked after (section 22(4) Children Act 1989), those being provided accommodation (section 20(6) Children Act 1989) and children taken into police protection (section 46(3)(d)).
