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Children Act 2004

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Act of Parliament of the United Kingdom

Children Act 2004
coat of arms
Long titleAn Act to make provision for the establishment of aChildren'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, theChildren's Commissioner for Wales, the publication of material relating to children involved in certain legal proceedings and the disclosure by theInland Revenue of information relating to children.
Citation2004 c. 31
Dates
Royal assent15 November 2004
Other legislation
Repeals/revokes
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended

TheChildren Act 2004 (c. 31) is anAct of theParliament of the United Kingdom.[a]

The Act amended theChildren Act 1989, largely in consequence of theVictoria Climbié inquiry.[1][2]

The Act is now the basis for most official administration that is considered helpful to children, notably bringing alllocal government functions of children's welfare and education under the statutory authority of local Directors of Children's Services. The Act also created theContactPoint database; this, however, has since been axed.

Purpose

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The purpose of the act was to give boundaries and help forlocal 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

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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 theChildren 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

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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 theChildren's Commissioner for England.[6]

Local Children's Safeguarding Boards

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Section 13 provides for the creation and multi-agency representation of a Local Children's Safeguarding Board in each council area.[7]

Further developments

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

Commencement

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The following commencement orders have been made for this act:

  • Children Act 2004 (Commencement No. 1) Order 2005 (SI 2005/394)
  • Children Act 2004 (Commencement No. 2) Order 2005 (SI 2005/700)
  • Children Act 2004 (Commencement No. 3) Order 2005 (SI 2005/847)
  • Children Act 2004 (Commencement No. 4 and Savings) (England) Order 2005 (SI 2005/2298)
  • Children Act 2004 (Commencement No. 5) Order 2005 (SI 2005/3464)
  • Children Act 2004 (Commencement No. 5) (Wales) Order 2005 (SI 2005/3363)
  • Children Act 2004 (Commencement No. 6) (Wales) Order 2006 (SI 2006/885)
  • Children Act 2004 (Commencement No. 7) (Wales) Order 2006 (SI 2006/870)
  • Children Act 2004 (Commencement No. 8) Order 2006 (SI 2006/927)
  • Children Act 2004 (Commencement No. 8) (Wales) Order 2008 (SI 2008/1904)
  • Children Act 2004 (Commencement No. 9) Order 2008 (SI 2008/752)

Notes

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  1. ^The citation of this Act by thisshort title is authorised bysection 69 of this Act.

References

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  1. ^Victoria Climbie Inquiry - The Victoria Climbie Inquiry Home Page
  2. ^"A-Z of legislation: Children Act 2004".The Guardian. 19 January 2009. Retrieved24 August 2021.
  3. ^abDfES Information Site 1Archived November 7, 2007, at theWayback Machine
  4. ^"Peers back 'moderate' smacking".BBC News. 5 July 2004. Retrieved28 January 2026.
  5. ^"'Missed chance' on smacking ban".BBC News. 25 October 2007. Retrieved29 January 2026.
  6. ^Batty, David (5 March 2004)."Main points of the children bill".The Guardian. Retrieved29 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. Retrieved29 January 2026.

External links

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