Children Act 2004

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Children Act 2004

Background and Purpose

The Children Act 2004 established the legal framework for how public services work together to protect and support children in England. Some provisions extend to Wales, though Wales has since developed its own legislative framework. The Act places a duty on local authorities, health services, schools and other agencies to cooperate in safeguarding children.

The Act emerged following high-profile cases where children suffered harm despite being known to multiple agencies. Poor communication between services was putting vulnerable children at risk. The 2004 Act aimed to break down these barriers through a more joined-up approach.

It supported the "Every Child Matters" framework, which identified five outcomes every child should achieve:

  • Being healthy: good physical and mental health and a healthy lifestyle
  • Staying safe: protection from harm and neglect
  • Enjoying and achieving: getting the most out of life and developing skills for adulthood
  • Making a positive contribution: involvement with community and society
  • Economic wellbeing: not being held back by economic disadvantage
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New Structures and Partnerships

The Act brought significant changes to how children's services are organised. Directors of Children's Services were created in each local authority, combining responsibility for education and children's social care under one person.

Local Safeguarding Children Boards replaced the previous Area Child Protection Committees, bringing together representatives from local authorities, police, health services, schools and voluntary organisations. The Children and Social Work Act 2017 later replaced these boards with local safeguarding partnerships.

Children's Trusts were introduced as partnerships between agencies. The statutory requirement for these was removed by the coalition government in 2010, though partnership working remains central to children's services.

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Information Sharing and School Duties

The Act addressed a key problem identified in serious case reviews: agencies failing to share information about children at risk. It facilitated information sharing between organisations, though the Data Protection Act continues to govern when and how information can be shared.

The legislation made clear that the child's welfare is paramount when deciding whether to share information. Agencies can share relevant information when there are concerns about a child's wellbeing, even without consent, but strict guidelines apply about what can be shared, with whom, and in what circumstances.

Schools gained new duties under the Act. They must have regard to the need to safeguard and promote children's welfare. Safeguarding became everyone's responsibility, not just designated child protection staff. Schools must also cooperate with other agencies when concerns arise.

Children in Care and Ongoing Impact

The Act strengthened support for children in care, emphasising placement stability and introducing duties on local authorities to promote the educational achievement of looked-after children. Independent Reviewing Officers gained greater powers to challenge local authority decisions.

New inspection arrangements were established. Joint Area Reviews brought together different inspectorates to assess how well local areas worked together. These have been replaced by Ofsted's Single Inspection Framework and Joint Targeted Area Inspections, but local areas remain accountable for children's outcomes.

Later legislation built on the 2004 Act. The Children and Young Persons Act 2008 focused on children in care, while the Children and Social Work Act 2017 created child safeguarding practice review panels and new social work regulation arrangements.

The Children Act 2004 remains the foundation of how children's services operate. Its emphasis on cooperation, information sharing and outcomes for children continues to shape practice across all agencies working with children and families.

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Tiny 06/11/2019 at 10:57 am
Also forgot to mention that the social worker has not seen me, spoke to me or carried out an assessment.. Should that not if been done at the start after all the issue isn't with the kids mother an to me shes getting punished for an outburst that I had especially when no1 else was hurt or around an we were not living together either.
Tiny 06/11/2019 at 10:39 am
Can anyone please explain how social worker can go to my now ex house an tell her if she doesn't end it then she wont keep her kids an if there's contact same will apply. What neither of us understands is why and how if the kids where staying at their dads? I went very next day to my gp cause of my out burst as its not my nature and have been getting professonal help. Neither myself or my partner wants any of this at all cant see why social would say that if kids where not there to witness anything at all or ever. My ex feels there is no options for us. Can anyone offer advice on this please.
chloeloves 27/03/2019 at 1:06 pm
chloe loves nobody because she is a loner (secretly she loves me)
sophieloves 27/03/2019 at 1:03 pm
Sophie loves nobody because she's a loner (secretly she loves me)
Dotty Ali 31/05/2018 at 9:18 am
My child who is 10 and is registered disabled. He is non verbal and is at the first stages of sign language. He has global developmental delay. He has been on a toileting programme at school to try and get him out of nappies. Last November 2017, two teaching assistant witnessed my son standing outside of the toilet crying and signing toileting with both of his hands (usually it is one hand) and said he was very distressed. The teaching assistant (TA) who was with my son stood in front of the toilet door and refused to let him go. It was reported to his teacher and a formal investigation was held by the school. On the 1 May 2018 this year a hearing was held at the school. I was sent a letter last week advising me this TA is still employed with the school. I can not express how upset I am that she is still working there. What she did in my opinion was cruel and what else has she done that people haven’t witnessed. I am worried about her still working there with venerable children. I expressed all of my concerns to the head teacher last November. The head teacher informed me I was not allowed to know who the TA was and was given the limited information above due to employee confidentiality. What about my rights and my child’s rights? We haven’t been told anything apart from a brief description of what happened. They agreed to move her from my sons classroom at my request so I know who it is and have been advised not talk to her. I want to know exactly who witnessed it, what they saw and what the TA in question is saying happened. I want to know what disciplinary action if any has been brought against her but no I have been told I have no rights even though it happened to my child. I have been left not trusting anyone. He is non verbal and has limited understanding. People could be cruel to him at school, he can come home and I wouldn’t know anything about it. He goes to a disabled summer club and I am thinking about not sending him as I am so stressed upset and nervous that something will happen to him and I won’t know. They have a safeguarding policy at the school - so why is she still there? When I ask questions they just say a formal investigations has been carried out and appropriate action was taken. I cannot express my anger, frustration and deep despair over this situation. Any advice would be very much appreciate as I feel I have no one to turn to.
Cowley86 26/01/2018 at 11:49 pm
I have social worker who as bi ln in her job 2 and half years. Claims she as master degree and I considered that she living and used some one els degrees to get her job how can I check this also I was at the school when my social worker was refused entering the school cause she not provided her dbs certificate have I got right to be worried about this social worker and can she she take me to court for removel my kids if she as not had dbs check and if she only training social worker
Dj 26/10/2017 at 4:09 pm
What law, act or legislation states that I can legally move out of my parents house into a safe home at 16
babz 26/08/2017 at 5:35 pm
@bubblecola24 - The Victoria Climbie case opened many doors regarding things like child protection, same with the Baby P case. Theres many articles on how successful these changes have been
bubblecola24 13/05/2017 at 10:17 am
why did the children act 2004 come in and has it been successful . i need this answer for my school project and i cannot find it on the internet anywhere.
JoJo Editor 12/05/2017 at 11:56 am
@Wall - Children's views are listened to in court or by Cafcass aged 11 and over. But they can be asked when they are younger. If she doesn't want to see her dad unsupervised. I'm sure the court won't force her.
Wall 11/05/2017 at 5:58 pm
My daughter is 6yrs old what age is a child listen to when court is involved and she does not wish to see father unsupervised as there is safety issues.
Dj 17/01/2017 at 9:06 am
My daughter is to be assessed against s17 Children Acto 1989.She is 16 has special needs since birth..with LEA statement due to her learning difficulties. She had a routine which worked as I and family provided all the support outside of the school.
She does not understand time day or math and is not inclined to do anything unless 'prompted' and organised except live in her own private world skipping around or writing incessantly. Her body clock is off sync and she stays in with little contact with friends.
Since I am now unable to support her routine she is not leaving the house nor going to school. 100% attendance to 20% and health, LA and social care CWD teams are passing the responsibility around depth all not wanting to be involved as she doesn't meet criteria or have a diagnosis. What should she be assessed against and who is the best agency/service to do this? Does she need tof have a diagnosis??Her needs are pretty obvious....
Magpie 29/10/2016 at 12:15 am
The Every Child Matters document states it is from birth until 19 years old.

However, I am curious how to 'safeguard' those between ages 18-19 as they are technically adults? A lot of what I am reading keeps referencing 'children's services' - but is an 18 year old pupil covered by this?

It's all very confusing how older pupil's should be treated / protected? Adult social services? Children's services? And what if (as an adult) they don't want help?
Angie 78 Editor 18/10/2016 at 11:16 am
@Lauren - Both work together to safeguard children and take all reasonable steps to prevent harm coming to them.
Lauren 17/10/2016 at 12:14 pm
How are the protection of children's act 1999 linked to dbs?
Vera 09/03/2016 at 3:09 pm
I have two toddlers; one is one year and the other has just turned 3 years. My in-laws, out of their selfish reasons (Tribalistic) and inferior, picked up my kids from home and hid them from me for a month till police intensified the search together with the flying squad team. The one year old was born a premature and had spent two months on oxygen and in an incubator, the other too is so little. These people are displaying their ignorance together with their so called lawyer to violate the rights of my kids, claiming they are filing for safe custody so they take the kids away from me.They tried to force my hubby shun away from me so they can get him another woman to marry and instead he stole the kids from them and all have no idea that the kids were brought to me and living happily with my husband.For crying out loud, am not yet dead,am financially stable, very sane and these goons think they can deprive me of my kids. How can the law protect my kids from such monsters?
chicky 21/02/2016 at 6:57 pm
can someone tell me a list of legislations that you need if you were to open a child care centre please as im struggling to find answers
Formyson16 13/02/2016 at 12:43 am
If a father prevents a child from attending religious services he would normally attend with mother is it abusing one of the Child's Rights ? Dad cancelled youth club and Sunday school again but solicitor says it's okay to do what he wants during his contact time. It's on a court order though that they agree with me. That contact should include taking him to his activities
bubble 01/02/2016 at 12:44 pm
Do classroom assistants families (people who live with them) have to have a crb check?
Toby 27/12/2015 at 1:40 pm
i work in a children's home and the y/p that lives there has been told she can only have a meals at a certain time. Ie: breakfast 8 till 10, lunch 12. Till 13.30, and dinner 17.00 till 18.30. If doesn't get out of bed which happens a lot she can't have any food. She went to go in the kitchen last week at 14.00 and was told she'd missed the time slot so couldn't eat till dinner time. It is a small semi detached house were children and staff prepare their own food. Surely this is unexceptable
WorkingWithKids Editor 02/12/2015 at 2:00 pm
This sounds a like an essay question to me. Therefore, you would have to do your own research into the answers. I hope you get good marks!
Fayza 01/12/2015 at 11:14 pm
why was the children's act 2004 introduced to help children who suffer from depression/ mental health and what has the act achieved from helping the children's that suffer from depression/mental health
WorkingWithKids Editor 04/11/2015 at 11:48 am
The Children's Act 2004, still stands. If there have been any changes made to legislation you can find them whichI hope this helps.
moster 03/11/2015 at 9:15 am
when was this site made and last updated?
WorkingWithKids Editor 11/05/2015 at 11:57 am
@Jan - I am very sorry to hear this, and how distraught the parents must be feeling. However it is not an issue that we can advise on, due to the fact it has become a police investigation. Unfortunately, the ruling will be towards the protection of the child. His parents should talk directly to whoever is heading up the investigation, as they will be able advise on what is happening.
Jan 08/05/2015 at 9:17 pm
Parents that I know have a critically ill child who has been in intensive care for the last 12 days. The child is autistic and non verbal. Investigations have shown that he has poison relating to Ethnol Glypol in his body. The parents have not left his side apart from sleep for the last 12 days. Child protection and police are involved because the have had to investigate school, his taxi and of course his home which the parents have absolutely acknowledged and supported.
When the parents arrived at the hospital today they were met by a Senior Practitioner from social services and another social worker who informed them that they were not allowed to remain with the child unless a social worker was present. They have not had any meetings, received no order or paperwork and are distraught at leaving their 12 year old child.
What should have happened and what authority do Social Services have to do this. They have told the parents that if they do try and visit their boy outside the h ours when they can provide a social worker to be present they stand the risk of being arrested. These are people that have never been involved with the Police and as well as being distraught and fighting for their child's life have no idea how to deal with social services. Please can you help me by giving some information and advice.
Carrie Editor 07/05/2015 at 12:25 pm
@Andy - As long as you do not have a police record then you should clear the DBS clearing. Also, as long as you do not live with someone who has had a police record as you can now fail a DBS through association. If you feel unsure, have a word with your line manager - but there is no reason that just because you have had personal problems it should stop you working with kids.
Andy 06/05/2015 at 5:35 pm
I've been asked to be an adult volunteer with the ACF. However, in October last year I had a breakdown and was thinking of cutting my radial artery (I had the knife in my hand). This was after a year where my wife had major surgery with complications and the money problems associated with that, which I was trying to off set by working as many extra shifts as possible. I was also trying to support my wife after it came to light that her mother's father was sexually abusing family members.
And after an argument over a stupid thing, I literally flipped. However, I am receiving support through cognitive therapy and medication. I have also been referred to a specialist team for possible undiagnosed ADHD.
My question is, am I now barred from volunteering with the army cadet force.
The Holy Spirit 30/04/2015 at 6:33 am
well done for the work which you do.
May God continue to bless you and grant you the strenghts needed to continue assisting these vulneravle children, so that they may one day help those around them with similar situations.
WorkingWithKids Editor 27/03/2015 at 12:46 pm
@Awesomelion - I'm afraid this is too much of an in depth question to answer in a mere few sentences and it sounds like a bit of a homework or project question to me. You might have to do some research through a few books!
Awesomelion 26/03/2015 at 3:17 pm
What is the comtempory English law or policy relating to children or young people?

And how has the current law or policy improved provision of services and opportunities for children or young people.
Awesomelion 26/03/2015 at 3:11 pm
1.Please What is the comtemporary or policy relating children or youngb people.

2.I would like to know if the current law on children has led to improved provision of services and opportunities for children or young people.

Thank you.
carly 08/03/2015 at 12:24 pm
I some times wonder the strength of a CRB check as their has been people who have slipped through the system because they have not been caught and there are those who have a criminal record but would't dream of harming a child but are outcast from working with children or the vulnerable because they have made mistakes in their younger days. I have a girlfriend who when she was younger was groomed at a young age by a pimp. she was a vulnerable young girl who came from a dysfunctional family. She was 17 and a virgin and this guy turned her into a prostitute. she stayed in that scene for many years and it took her to the depths of society but she pulled herself out of that life and became a decent member of society. she is now 50 years old a mother of three wonderful boy's, married to a wonderful man. She is steel paying for those chooses she made as a young vulnerable girl. I find it frustrating when I know she is more than capable of working with young people or children she is a kind and warm woman who care so much about the world around her. I feel she has so much to give to society but society chooses to disbar her. Can you tell me If possible could my friend find employment working with children or young people. she has 98 convictions ranging from loitering for the purpose to importation of drugs that she was imprison for 3 and half years. she only wanted the two week holiday. she has never been into drugs although she has been around drugs throughout her time as a prostitute on the street. She has educated herself she has an NVQ 3 in Administration and Children and young people in the work place and is presently on an access course for social work. She has dream's of attending university, I am not sure if this is possible and nor is she. She say's she will just keep going till they tell her 'no'. Can yiu please advice me on her prospects. Many thanks Carleena
bira 11/12/2014 at 11:35 pm
I WOULD LIKE TO KNOW ABOUT CHILdren rights not jyst in uk
chlochlo 04/12/2014 at 2:03 pm
this website was ok could have explained what has been changed and soso in the last few years and why... but it helped me find out a certain of thing it was a good website thooo





THANKYOU SO MUCH x
CC 05/02/2014 at 2:47 pm
We have been approached by a local college to accept a work experience placement in our vehicle and plant maintenance workshop.

We are willing to do this, but before making arrangements what as an employer do we need to do with regards to CRB checks for our staff who will be overseeing the young person during his time with us.

We have no problems with regards to risk assessments and parental consent.
Mo 10/09/2013 at 11:32 am
My son is Director of Languages in China at a language school and has worked there for several years. He is married with children and lives there permanently. He needs to renew his visa to continue working in China and must get a Criminal Records Certificate. How does he do this? Can I apply on his behalf? Are there any costs involved and if so how much!
kerry 28/09/2012 at 9:32 am
i would like to know more about the victoria climie case on this site
gavlah 07/06/2012 at 4:55 pm
i want to know how to start helping children i would like to become someone who helps children in a long term period.
HP 11/04/2011 at 11:29 am
What are the strenghts and weaknesses of the childrens act 2004?

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