Children Act 2004

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Children Act 2004 [a]
Act of Parliament
Royal coat of arms of the United Kingdom (1952-2022, variant 1).svg
Long title An Act to make provision for the establishment of a Children's Commissioner; to make provision about services provided to and for children and young people by local authorities and other persons; to make provision in relation to Wales about advisory and support services relating to family proceedings; to make provision about private fostering, child minding and day care, adoption review panels, the defence of reasonable punishment, the making of grants as respects children and families, child safety orders, the Children's Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by the Inland Revenue of information relating to children.
Citation 2004 c. 31
Territorial extent  [b]
Dates
Royal assent 15 November 2004
Commencement various [c]
Other legislation
Amends
Repeals/revokes
Amended by
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Children Act 2004 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Children Act 2004 [a] (c. 31) is an act of the Parliament of the United Kingdom.

Contents

The act amended the Children Act 1989, largely in consequence of the Victoria Climbié inquiry. [1] [2]

The act is now the basis for most official administration that is considered helpful to children, notably bringing all local government 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 purpose of the act was to give boundaries and help for local authorities and/or other entities to better regulate official intervention in the interests of children.This act ultimate purpose is to make the UK better and safer for children of all ages. The goal 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 measures including and affecting disabled 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 and the Children Act 2004, there were reports in 2002, 2003, and 2004–05. [3] 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. [3]

Provisions

The act contains a "moderate" ban on smacking. [4] This prohibition banned "punishment which causes visible bruising, grazes, scratches, minor swellings or cuts". [5]

The act established the Children's Commissioner for England. [6]

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. [7]

Further developments

In 2024, the BBC reported that the UK government was considering introducing a smacking ban for England. [8]

Commencement

The following commencement orders have been made for this act:

Notes

  1. 1 2 Section 69.
  2. Section 68.
  3. Section 67.

References

  1. Victoria Climbie Inquiry - The Victoria Climbie Inquiry Home Page
  2. "A-Z of legislation: Children Act 2004". The Guardian. 19 January 2009. Retrieved 24 August 2021.
  3. 1 2 DfES Information Site 1 Archived November 7, 2007, at the Wayback Machine
  4. "Peers back 'moderate' smacking". BBC News. 5 July 2004. Retrieved 28 January 2026.
  5. "'Missed chance' on smacking ban". BBC News. 25 October 2007. Retrieved 29 January 2026.
  6. Batty, David (5 March 2004). "Main points of the children bill". The Guardian. Retrieved 29 January 2026.
  7. UK Legislation, Children Act 2004, section 13, accessed 21 July 2021
  8. McKiernan, Jennifer (21 October 2024). "English smacking ban being considered by government". BBC News. Retrieved 29 January 2026.