Introduction

The Children Act 1989 is a cornerstone of child welfare legislation in the UK, providing a comprehensive framework for the care and protection of children.

Schedule 1 of the Act specifically addresses financial provision for children, typically where the parents are unmarried and do not have the ability to bring claims under other legislation, allowing for claims to be made for a child’s needs to be met.

This particular aspect of the Children Act 1989 has been explored in detail during a recent high-profile case involving prolific footballer, Kyle Walker (Lauryn Goodman v Kyle Walker – Find case law – The National Archives).

This was a high value case given Mr Walker’s  prominence as a professional footballer at the highest level, for both, Manchester City FC and England’s national team.

Who Can Bring Schedule 1 Claims?

Under Schedule 1 of the Children Act 1989, claims can be brought by:

  1. A parent of the child: This is the most common scenario, where a parent seeks financial support from the other parent.
  2. A guardian of the child: If the child is under the guardianship of someone other than their parents, the guardian can bring a claim.
  3. A person with whom the child has been living: This includes individuals who have been caring for the child, even if they are not necessarily the child’s legal guardian.
  4. The child themselves: In certain circumstances, particularly when the child is older, they may bring a claim directly.

Circumstances for Bringing a Schedule 1 Claim

Schedule 1 claims are typically brought in situations where financial support is needed to cover the child’s living expenses, education, and other essential needs, although case law has extended the scope of financial provision that can be made in certain circumstances. The court considers several factors when deciding on such claims, including:

  • The income, earning capacity, property, and other financial resources of both parents.
  • The financial needs, obligations, and responsibilities of both parents.
  • The financial needs of the child.
  • The income, earning capacity, property, and other financial resources of the child.
  • Any physical or mental disabilities of the child.

The Case of Kyle Walker

In the recent judgment involving Kyle Walker, the court had to consider these principles in the context of a high-profile individual with substantial financial resources. The case highlighted several key points:

  1. Welfare of the Child: While the welfare of the child is not the court’s paramount consideration under Schedule 1, it remains a significant factor influencing the outcome. The child is entitled to a standard of living that reflects the parent’s current resources and lifestyle.
  2. Guarding Against Unreasonable Claims: The court must ensure that claims made on behalf of the child are reasonable and not disguised attempts to benefit the parent with care. In particular, the court alluded to Ms Goodman treating Mr Walker as an ‘open-ended cheque book’.

This was perhaps best highlighted by Ms Goodman seeking over £30,000.00 to build an astroturf in her garden. The Judge observed that Ms Goodman justified her demand for the astroturf by saying that the youngest child (aged 1), by kicking a ball with her left foot from a crawling position, had shown a talent which may suggest a future career as a professional footballer qualified to become a ‘Lioness’. The Judge considered this as ‘an unjustified evidential leap’.

  1. Specific Needs: The court can make orders for specific needs such as housing, education, and even costs incurred in connection with the birth of the child.

In Mr Walker’s case, the court had to balance the substantial financial resources available with the genuine needs of the child, ensuring that the provision made was appropriate and justified.

Conclusion

Schedule 1 of the Children Act 1989 provides a vital mechanism for ensuring that children’s financial needs are met, particularly in cases where parents have significant resources. The recent judgment involving Kyle Walker underscores the importance of these provisions and the careful consideration required by the courts in such matters.

For this reason, Schedule 1 claims can often be complex and requires specialist legal advice. If you or anyone you know would like advice in relation to a financial claim for children, please , or call us on 01206 835300.