Children Act 2004

1. Introductory Text

2. Part 1 Children’s Commissioner

   1. 1. Establishment

   2. 2. Primary function: children's rights, views and interests

   3. 2A. United Nations Convention on the Rights of the Child

   4. 2B. Involving children in the discharge of the primary function

   5. 2C. Primary function: reports

   6. 2D. Provision of advice and assistance to certain children in England

   7. 2E. Powers to enter premises to conduct interviews or observe standards

   8. 2F. Provision of information to Commissioner

   9. 3. Inquiries initiated by Commissioner

   10. 4. Other inquiries held by Commissioner

   11. 5. Functions of Commissioner in Wales

   12. 6. Functions of Commissioner in Scotland

   13. 7. Functions of Commissioner in Northern Ireland

   14. 7A. Advisory board

   15. 7B. Business plans

   16. 8. Annual reports

   17. 8A. Children in England living away from home or receiving social care

   18. 9. Commissioner's functions in relation to certain young people

3. Part 2 Children’s services in England

   1. General

      1. 9A. Targets for safeguarding and promoting the welfare of children

      2. 10. Co-operation to improve well-being

      3. 11. Arrangements to safeguard and promote welfare

      4. 12. Information databases

   2. Children's Trust Boards

      1. 12A. Establishment of CTBs

      2. 12B. Functions and procedures of CTBs

      3. 12C. Funding of CTBs

      4. 12D. Supply of information to CTBs

   3. Local Safeguarding Children Boards

      1. 13. Establishment of LSCBs

      2. 14. Functions and procedure of LSCBs

      3. 14A. LSCBs: annual reports

      4. 14B. Supply of information requested by LSCBs

      5. 15. Funding of LSCBs

      6. 15A. Review of LSCBs' performance of functions

      7. 16. LSCBs: supplementary

   4. Child Safeguarding Practice Review Panel

      1. 16A. Child Safeguarding Practice Review Panel

      2. 16B. Functions of the Panel

      3. 16C. Events to be notified to the Panel

      4. 16D. Information

   5. Safeguarding partners for local authority areas

      1. 16E. Local arrangements for safeguarding and promoting welfare of children

      2. 16F. Local child safeguarding practice reviews

      3. 16G. Further provision about arrangements

      4. 16H. Information

      5. 16I. Funding

      6. 16J. Combining safeguarding partner areas and delegating functions

      7. 16K. Guidance by Secretary of State

      8. 16L. Interpretation of sections 16E to 16K

   6. Child death review partners for local authority areas

      1. 16M. Child death reviews

      2. 16N. Information

      3. 16O. Funding

      4. 16P. Combining child death review partner areas and delegating functions

      5. 16Q. Guidance and interpretation

   7. Local authority administration

      1. 17. Children and young people’s plans

      2. 17A. Children and young people's plans: implementation

      3. 18. Director of children’s services

      4. 19. Lead member for children’s services

   8. Inspections of children’s services

      1. 20. Joint area reviews

      2. 21. Framework

      3. 22. Co-operation and delegation

      4. 23. Sections 20 to 22: interpretation

      5. 24. Performance rating of social services

4. Part 3 Children’s services in Wales

   1. General

      1. 25. Co-operation to improve well-being: Wales

      2. 26. Children and young people’s plans: Wales

      3. 27. Responsibility for functions under section 25

      4. 28. Arrangements to safeguard and promote welfare: Wales

      5. 29. Information databases: Wales

      6. 30. Inspection of functions under this Part

   2. Local Safeguarding Children Boards

      1. 31. Establishment of LSCBs in Wales

      2. 32. Functions and procedure of LSCBs in Wales

      3. 32A. Supply of information requested by LSCBs in Wales

      4. 33. Funding of LSCBs in Wales

      5. 34. LSCBs in Wales: supplementary

5. Part 4 Advisory and support services for family proceedings

   1. CAFCASS functions in Wales

      1. 35. Functions of the Assembly relating to family proceedings

      2. 36. Ancillary powers of the Assembly

      3. 37. Welsh family proceedings officers

      4. 38. Inspections

      5. 39. Protection of children

      6. 40. Advisory and support services for family proceedings: supplementary

      7. 41. Sharing of information

   2. Transfers

      1. 42. Transfer of property from CAFCASS to Assembly

      2. 43. Transfer of staff from CAFCASS to Assembly

6. Part 5 Miscellaneous

   1. Private fostering

      1. 44. Amendments to notification scheme

      2. 45. Power to establish registration scheme in England

      3. 46. Power to establish registration scheme in Wales

      4. 47. Expiry of powers in sections 45 and 46

   2. Child minding and day care

      1. 48. Child minding and day care

   3. Local authority services

      1. 49. Payments to foster parents

      2. 50. Intervention – England

      3. 50A. Intervention – Wales

      4. 51. Inspection of local education authorities

      5. 52. Duty of local authorities to promote educational achievement

      6. 53. Ascertaining children’s wishes

      7. 54. Information about individual children

      8. 55. Social services committees

      9. 56. Social services functions

   4. Other provisions

      1. 57. Fees payable to adoption review panel members

      2. 58. Reasonable punishment

      3. 59. Power to give financial assistance

      4. 60. Child safety orders

      5. 61. Children’s Commissioner for Wales: powers of entry

      6. 62. Publication of material relating to legal proceedings

      7. 63. Disclosure of information by Inland Revenue

7. Part 6 General

   1. 64. Repeals

   2. 65. Interpretation

   3. 66. Regulations and orders

   4. 67. Commencement

   5. 68. Extent

   6. 69. Short title

8. SCHEDULES

   1. SCHEDULE 1

      Children’s Commissioner

      1. Status

         1. 1. (1) The Children’s Commissioner is to be a corporation sole....

      2. General powers

         1. 2. (1) The Children’s Commissioner may do anything which appears to...

      3. Appointment and tenure of office

         1. 3. (1) The Children’s Commissioner is to be appointed by the...

      4. Interim appointments

         1. 3A. (1) Where there is a vacancy in the office of...

      5. Remuneration

         1. 4. The Secretary of State must— (a) pay the Children’s Commissioner...

      6. Staff

         1. 5. (1) The Children’s Commissioner may appoint any staff he considers...

      7. Pensions

         1. 6. (1) In the Superannuation Act 1972 (c. 11), in Schedule...

      8. Funding

         1. 7. The Secretary of State may make payments to the Children’s...

      9. Accounts

         1. 8. (1) The Children’s Commissioner must— (a) keep proper accounting records;...

      10. Evidence

          1. 9. (1) A document purporting to be duly executed under the...

      11. Protection from defamation actions

          1. 10. For the purposes of the law of defamation—

      12. Regulated position

          1. 11. In the Criminal Justice and Court Services Act 2000 (c....

      13. Disqualifications

          1. 12. In the House of Commons Disqualification Act 1975 (c. 24),...

          2. 13. In the Northern Ireland Assembly Disqualification Act 1975 (c. 25),...

   2. SCHEDULE 2

      Director of children’s services: consequential amendments

      1. Children and Young Persons Act 1933 (c. 12)

         1. 1. In section 96 of the Children and Young Persons Act...

      2. Local Authority Social Services Act 1970 (c. 42)

         1. 2. (1) The Local Authority Social Services Act 1970 is amended...

      3. Local Government and Housing Act 1989 (c. 42)

         1. 3. In section 2 of the Local Government and Housing Act...

      4. Education Act 1996 (c. 56)

         1. 4. (1) The Education Act 1996 is amended as follows.

      5. Crime and Disorder Act 1998 (c. 37)

         1. 5. (1) The Crime and Disorder Act 1998 is amended as...

      6. Protection of Children Act 1999 (c. 14)

         1. 6. In section 4C of the Protection of Children Act 1999...

      7. Criminal Justice and Court Services Act 2000 (c. 43)

         1. 7. (1) The Criminal Justice and Court Services Act 2000 is...

      8. Criminal Justice Act 2003 (c. 44)

         1. 8. In section 322 of the Criminal Justice Act 2003 (individual...

   3. SCHEDULE 3

      Advisory and support services for family proceedings

      1. Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)

         1. 1. In section 26 of the Domestic Proceedings and Magistrates' Courts...

      2. Child Abduction and Custody Act 1985 (c. 60)

         1. 2. The Child Abduction and Custody Act 1985 is amended as...

         2. 3. In sections 6(a) and 21(a) (reports), after “an officer of...

         3. 4. In section 27 (interpretation), after subsection (5) insert—

      3. Children Act 1989 (c. 41)

         1. 5. The Children Act 1989 is amended as follows.

         2. 6. In section 7 (welfare reports), in subsections (1)(a) and (b)...

         3. 7. In section 16 (family assistance orders), in subsection (1), after...

         4. 8. (1) Section 26 (review of cases etc) is amended as...

         5. 9. (1) Section 41 (representation of child) is amended as follows....

         6. 10. In section 42 (rights of officers of the Service), in...

         7. 11. In section 105(1) (interpretation), at the end insert— “Welsh family...

      4. Criminal Justice and Court Services Act 2000 (c. 43)

         1. 12. The Criminal Justice and Court Services Act 2000 is amended...

         2. 13. In section 12 (principal functions of CAFCASS), in subsection (1),...

         3. 14. In paragraph 1 of Schedule 2 (members of CAFCASS), for...

      5. Adoption and Children Act 2002 (c. 38)

         1. 15. The Adoption and Children Act 2002 is amended as follows....

         2. 16. (1) Section 102 (officers of the Service) is amended as...

         3. 17. In section 103 (rights of officers of the Service), in...

      6. Sexual Offences Act 2003 (c. 42)

         1. 18. In section 21 of the Sexual Offences Act 2003 (positions...

   4. SCHEDULE 4

      Child minding and day care

      1. 1. Part 10A of the Children Act 1989 (c. 41) is...

      2. Amendments relating to child minding and day care

      3. Conditions imposed by justice of the peace or tribunal

         1. 2. (1) In section 79B(3)(d) and (4)(d), for “by the registration...

      4. Application fees

         1. 3. (1) In section 79E(2), at the end insert—

      5. Fees payable by registered persons

         1. 4. (1) In section 79G(1), for “an annual fee” substitute “...

      6. Waiver of disqualification

         1. 5. In Schedule 9A, in paragraph 4(3A)— (a) after “disqualified for...

      7. Amendments relating to day care only

      8. Qualification for registration

         1. 6. In section 79B(4)— (a) for paragraphs (a) and (b) substitute—...

      9. Hotels etc

         1. 7. In Schedule 9A, after paragraph 2 insert— (1) Part XA does not apply to provision of day...

      10. Prohibition in respect of disqualified persons

          1. 8. In Schedule 9A, in paragraph 4(4)— (a) after “or be”...

      11. Unincorporated associations

          1. 9. In Schedule 9A, after paragraph 5 insert— Provision of day...

   5. SCHEDULE 5

      Repeals

      1. Part 1 Plans

         1. These repeals come into force— (a) so far as relating...

      2. Part 2 Child minding and day care

         1. These repeals come into force— (a) so far as relating...

      3. Part 3 Inspection of local education authorities

         1. This repeal comes into force— (a) so far as relating...

      4. Part 4 Social services committees and departments

         1. These repeals come into force— (a) so far as relating...

      5. Part 5 Reasonable punishment

         1. This repeal comes into force at the same time as...

      6. Part 6 Child safety orders

         1. These repeals come into force at the same time as...