The Children Act 2004 (c. 31) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
.
The Act amended the
Children Act 1989
The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the p ...
, largely in consequence of the
Victoria Climbié inquiry.
The Act is now the basis for most official administration that is considered helpful to children, notably bringing all
local government
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
functions of children's welfare and education under the statutory authority of local Directors of Children's Services. The Act also created the
ContactPoint database; this, however, has since been axed.
Purpose
The Act was created with a certain set of goals. Its primary purpose was to give boundaries and help for
local authorities
Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state.
Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
and/or other entities to better regulate official intervention in the interests of children.
History
The long history of children's welfare legislation had given rise to numerous unco-ordinated official powers and functions, even within the same local authorities, resulting in the tragic maladministration seen in the Climbié case. Along with the
Children Act 1989
The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the p ...
and the Children Act 2004, there were reports in 2002, 2003, and 2004–05.
[DfES Information Site 1](_blank)
Each Act has progressively attempted to improve the legal powers and official functions related to children in all forms, and to make official provision for children. In family courts this version of the act is very rarely referred to with the Children's Act 1989 more favourably used.
General
This Act's ultimate purpose is to make the UK better and safer for children of all ages. The idea behind the Act is to promote (co-ordination) between multiple official entities to improve the overall well-being of children. The 2004 Act also specifically provided for including and affecting disabled children.
Local Children's Safeguarding Boards
Section 13 provides for the creation and multi-agency representation of a Local Children's Safeguarding Board in each council area.
[UK Legislation]
Children Act 2004, section 13
accessed 21 July 2021
Repeals
This Act made repeals and amendments to numerous statutes:
*
Children Act 1989
The Children Act 1989 (c. 41) is an Act of Parliament of the United Kingdom that received royal assent on 16 November 1989 and came into substantial force across all three jurisdictions of the United Kingdom on 14 October 1991. In 1995, for the p ...
*
Education Act 1996
The Education Act 1996 (c. 56) is act of the Parliament of the United Kingdom, introduced under the second John Major government. It led to the establishment of special local authorities, who for example would identify children with special educ ...
*
Education Act 1997
*
School Standards and Framework Act 1998
The School Standards and Framework Act 1998 was the major education legislation passed by the incoming Labour government led by Tony Blair.
This Act:
* imposed a limit of 30 on infant class sizes.
* abolished grant-maintained schools, introduci ...
*
Learning and Skills Act 2000
The Learning and Skills Act 2000 is an Act of the Parliament of the United Kingdom, introduced under the first Tony Blair government. It made changes in the funding and administration of further education, and of work-based learning (or appre ...
*
Adoption and Children Act 2002
*
Education Act 2002
The Education Act 2002 (c. 32) is an act of the Parliament of the United Kingdom that gave schools greater autonomy to implement experimental teaching methods.
Main provisions
The act significantly amended legislation relating to academies, pub ...
*
Children and Young Persons Act 1933
The Children and Young Persons Act 1933 ( 23 & 24 Geo. 5. c. 12) is an act of the Parliament of the United Kingdom of Great Britain and Northern Ireland. It consolidated all existing child protection legislation for England and Wales into o ...
*
Children and Young Persons Act 1963
A child () is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking countries, the legal definition of ''child ...
*
Local Authority Social Services Act 1970
*
Local Government Act 1972
The Local Government Act 1972 (c. 70) is an act of the Parliament of the United Kingdom that reformed local government in England and Wales on 1 April 1974. It was one of the most significant acts of Parliament to be passed by the Heath Gov ...
*
Mental Health Act 1983
The Mental Health Act 1983 (c. 20) is an Act of the Parliament of the United Kingdom. It covers the reception, care and treatment of mentally disordered people, the management of their property and other related matters, forming part of the me ...
*
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (c. 60) (PACE) is an act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of t ...
*
Local Government and Housing Act 1989
*
Criminal Justice Act 1991
*
Crime (Sentences) Act 1997
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane ...
*
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (c. 37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Se ...
*
Powers of Criminal Courts (Sentencing) Act 2000
The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is a consolidation Act of the Parliament of the United Kingdom that brings together parts of several other Acts dealing with the sentencing treatment of offenders and defaulters. It ...
*
Local Government Act 2000
The Local Government Act 2000 (c. 22) is an act of the Parliament of the United Kingdom that reformed local government in England and Wales. Its principal purposes are:
* to give powers to local authorities to promote economic, social and envi ...
*
Criminal Justice and Court Services Act 2000
The Criminal Justice and Court Services Act 2000 (c. 43) is a United Kingdom act of Parliament that advances a number of agendas related to criminal justice. It instituted the National Probation Service as well as the Children and Family Court ...
*
Criminal Justice Act 2003
The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland a ...
Section 67 - Commencement
The following orders have been made under this section:
The Children Act 2004 (Commencement No. 1) Order 2005(S.I. 2005/394 (C. 18))
The Children Act 2004 (Commencement No. 2) Order 2005(S.I. 2005/700 (W. 59) (C. 30))
The Children Act 2004 (Commencement No. 3) Order 2005(S.I. 2005/847 (C. 35))
The Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005(S.I. 2005/2298 (C. 97))
The Children Act 2004 (Commencement No. 5) Order 2005(S.I. 2005/3464 (C. 145))
The Children Act 2004 (Commencement No. 5) (Wales) Order 2005(S.I. 2005/3363 (C. 260) (W. 143))
The Children Act 2004 (Commencement No. 6) (Wales) Order 2006(S.I. 2006/885 (W. 85) (C. 23))
The Children Act 2004 (Commencement No. 7) (Wales) Order 2006(S.I. 2006/870 (W. 80) (C. 20))
The Children Act 2004 (Commencement No. 8) Order 2006(S.I. 2006/927 (C. 24))
The Children Act 2004 (Commencement No. 8) (Wales) Order 2008(S.I. 2008/1904 (W. 182))
The Children Act 2004 (Commencement No. 9) Order 2008(S.I. 2008/752 (C. 33))
Notes
References
External links
Children Act ReportExplanation
{{Authority control
United Kingdom Acts of Parliament 2004
Children's rights in England
Children's rights in Wales
2004 in England
2004 in Wales
English family law