Search Legislation

Children Act 2004

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Children Act 2004. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

    1. Summary and Background

    2. Territorial Application

  2. Commentary on Sections

    1. Part 1 - Children's Commissioner

      1. Section 1: Establishment

      2. Schedule 1: Children's Commissioner

      3. Section 2: General function

      4. Section 3: Inquiries initiated by the Commissioner

      5. Section 4: Other inquiries held by the Commissioner

      6. Section 5: Functions of Commissioner in Wales

      7. Section 6: Functions of Commissioner in Scotland

      8. Section 7: Functions of Commissioner in Northern Ireland

      9. Section 8: Annual reports

      10. Section 9: Care leavers and young persons with learning disabilities

    2. Part 2 - Children’s Services in England

      1. General

        1. Section 10: Co-operation to improve well-being

        2. Section 11: Arrangements to safeguard and promote welfare

        3. Section 12: Information databases

      2. Local Safeguarding Children Boards

        1. Section 13: Establishment of

        2. Section 14: Functions and procedure of

        3. Section 15: Funding of

        4. Section 16: : supplementary

      3. Local authority administration

        1. Section 17: Children and Young People’s Plans

        2. Section 18: Director of children’s services

        3. Schedule 2:  Director of children’s services: consequential amendments

        4. Section 19: Lead member for children’s services

        5. Sections 20-24: Inspections of children's services

        6. Section 20: Joint area reviews

        7. Section 21: Framework

        8. Section 22: Co-operation and delegation

        9. Section 23: Sections 20 to 22: interpretation

        10. Section 24: Performance rating of social services

    3. Part 3 - Children’s Services in Wales

      1. General

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

        2. Section 26: Children and young people's plans: Wales

        3. Section 27: Responsibility for functions under sections 25 and 26

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

        5. Section 29: Information databases: Wales

        6. Section 30: Inspection of functions under this Part

        7. Sections 31-34: Local Safeguarding Children Boards: Wales

    4. Part 4 – Advisory and Support Services for Family Proceedings

      1. functions in Wales

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

        2. Section 36: Ancillary powers of the Assembly

        3. Section 37: Welsh family proceedings officers

        4. Section 38: Inspections

        5. Section 39: Protection of children

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

        7. Schedule 3 – Advisory and support services for family proceedings

        8. Section 41: Sharing of information

      2. Transfers

        1. Section 42: Transfer of property from to Assembly

        2. Section 43: Transfer of staff from to Assembly

      3. Private fostering

        1. Section 44: Amendments to notification scheme

        2. Section 45: Power to establish registration scheme in England

        3. Section 46: Power to establish a registration scheme in Wales

        4. Section 47: Expiry of power in sections 45 and 46

        5. Section 48: Child minding and day care

        6. Schedule 4: Child minding and day care

        7. Section 49: Payments to foster parents

      4. Local authority services

        1. Section 50: Intervention

        2. Section 51: Inspection of local education authorities

        3. Section 52: Duty of local authorities to promote educational achievement

        4. Section 53: Ascertaining children’s wishes

        5. Section 54: Information about individual children

        6. Section 55: Social services committees

        7. Schedule 5:  Repeals, part 4 social services committees and departments

      5. Other provisions

        1. Section 57: Fees payable to members of independent review panel

        2. Section 58: Reasonable punishment

        3. Section 60: Child safety orders

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

        5. Section 62: Publication of material relating to legal proceedings

        6. Section 63: Disclosure of information by Inland Revenue

        7. Section 67: Commencement

          1. Hansard References

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.