OpenLegislation

Children Act 2004 in Northern Ireland

2004 c. 31 · Enacted 15 November 2004 · Extends to United Kingdom

Not fully up to date. 16 changes made by later legislation have not yet been written into this text, which is revised to 30 September 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 1 para. 11repealedSafeguarding Vulnerable Groups Act 2006 Sch. 10
Sch. 2 para. 6repealedSafeguarding Vulnerable Groups Act 2006 Sch. 10
Sch. 2 para. 7repealedSafeguarding Vulnerable Groups Act 2006 Sch. 10
s. 39repealedSafeguarding Vulnerable Groups Act 2006 Sch. 10
s. 32AinsertedChildren, Schools and Families Act 2010 s. 9
s. 16G(4A)insertedChildren’s Wellbeing and Schools Act 2026 s. 3(3)(a)
s. 16G(6)words insertedChildren’s Wellbeing and Schools Act 2026 s. 3(3)(b)
s. 16G(8)insertedChildren’s Wellbeing and Schools Act 2026 s. 3(3)(c)
s. 16J(1)words insertedChildren’s Wellbeing and Schools Act 2026 s. 3(4)(a)
s. 16J(2)words insertedChildren’s Wellbeing and Schools Act 2026 s. 3(4)(a)
s. 16J(6)(7)insertedChildren’s Wellbeing and Schools Act 2026 s. 3(4)(b)
s. 66(3)words substitutedChildren’s Wellbeing and Schools Act 2026 s. 2(5)
s. 16E(1)word omittedChildren’s Wellbeing and Schools Act 2026 s. 2(2)(a)
s. 16E(1)(aa)insertedChildren’s Wellbeing and Schools Act 2026 s. 2(2)(b)
s. 16E(1)(b)substitutedChildren’s Wellbeing and Schools Act 2026 s. 2(2)(c)
s. 16E(2)words insertedChildren’s Wellbeing and Schools Act 2026 s. 2(3)

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.

[15th November 2004]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Children’s Commissioner
  2. 1Establishment
  3. 2Primary function: children's rights, views and interests
  4. 2AUnited Nations Convention on the Rights of the Child
  5. 2BInvolving children in the discharge of the primary function
  6. 2CPrimary function: reports
  7. 2DProvision of advice and assistance to certain children in England
  8. 2EPowers to enter premises to conduct interviews or observe standards
  9. 2FProvision of information to Commissioner
  10. 3Inquiries initiated by Commissioner
  11. 4Other inquiries held by Commissioner Repealed
  12. 5Functions of Commissioner in Wales
  13. 6Functions of Commissioner in Scotland
  14. 7Functions of Commissioner in Northern Ireland
  15. 7AAdvisory board
  16. 7BBusiness plans
  17. 8Annual reports
  18. 8AChildren in England living away from home or receiving social care
  19. 9Commissioner's functions in relation to certain young people
  20. Children's Trust Boards
  21. 12BFunctions and procedures of CTBs
  22. 12CFunding of CTBs
  23. 12DSupply of information to CTBs
  24. 14BSupply of information requested by LSCBs Repealed
  25. 15AReview of LSCBs' performance of functions Repealed
  26. Child Safeguarding Practice Review Panel
  27. 16AChild Safeguarding Practice Review Panel
  28. 16CEvents to be notified to the Panel
  29. 16DInformation
  30. Safeguarding partners for local authority areas
  31. 16ELocal arrangements for safeguarding and promoting welfare of children
  32. 16EASection 16E arrangements: multi-agency child protection teams
  33. 16EBMulti-agency child protection teams: co-operation
  34. 16FLocal child safeguarding practice reviews
  35. 16HInformation
  36. 16IFunding
  37. 16JCombining safeguarding partner areas and delegating functions
  38. 16KGuidance by Secretary of State
  39. 16LInterpretation of sections 16E to 16K
  40. Continuity of information for safeguarding and welfare purposes
  41. 16LADuty to share information
  42. 16LBInformation standards
  43. 16LCConsistent identifiers for children
  44. 16LDConsistent identifiers for children: code of practice
  45. Child death review partners for local authority areas
  46. 16MChild death reviews
  47. 16NInformation
  48. 16OFunding
  49. 16PCombining child death review partner areas and delegating functions
  50. 16QGuidance and interpretation
  51. 17AChildren and young people's plans: implementation
  52. Inspections of children’s services
  53. 21Framework
  54. 22Co-operation and delegation
  55. General
  56. 32Functions and procedure of LSCBs in Wales Repealed
  57. 32ASupply of information requested by LSCBs in Wales Not yet in force
  58. CAFCASS functions in Wales
  59. 35Functions of the Assembly relating to family proceedings
  60. 36Ancillary powers of the Assembly
  61. 40Advisory and support services for family proceedings: supplementary
  62. 41Sharing of information
  63. Transfers
  64. 42Transfer of property from CAFCASS to Assembly
  65. 43Transfer of staff from CAFCASS to Assembly
  66. Part 5: Miscellaneous
  67. 44Amendments to notification scheme
  68. 48Child minding and day care
  69. 51Inspection of local education authorities
  70. 52Duty of local authorities to promote educational achievement
  71. 53Ascertaining children’s wishes
  72. 54Information about individual children
  73. 55Social services committees
  74. 56Social services functions
  75. Other provisions
  76. 63Disclosure of information by Inland Revenue
  77. Part 6: General
  78. 65Interpretation
  79. 66Regulations and orders
  80. 67Commencement
  81. 68Extent
  82. 69Short title
  83. Schedule 1: Children’s Commissioner
  84. Status
  85. 1Paragraph 1
  86. General powers
  87. 2Paragraph 2
  88. Appointment and tenure of office
  89. 3Paragraph 3
  90. Interim appointments
  91. 3AParagraph 3A
  92. Remuneration
  93. 4Paragraph 4
  94. Staff
  95. 5Paragraph 5
  96. Pensions
  97. 6Paragraph 6
  98. Funding
  99. 7Paragraph 7
  100. Accounts
  101. 8Paragraph 8
  102. Evidence
  103. 9Paragraph 9
  104. Protection from defamation actions
  105. 10Paragraph 10
  106. Regulated position
  107. 11Paragraph 11
  108. Disqualifications
  109. 12Paragraph 12
  110. 13Paragraph 13
  111. Children and Young Persons Act 1933 (c. 12)
  112. 1Paragraph 1
  113. Local Authority Social Services Act 1970 (c. 42)
  114. Local Government and Housing Act 1989 (c. 42)
  115. 3Paragraph 3
  116. Education Act 1996 (c. 56)
  117. 4Paragraph 4
  118. Crime and Disorder Act 1998 (c. 37)
  119. 5Paragraph 5
  120. Protection of Children Act 1999 (c. 14)
  121. Criminal Justice and Court Services Act 2000 (c. 43)
  122. Criminal Justice Act 2003 (c. 44)
  123. 8Paragraph 8 Repealed
  124. Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)
  125. 1Paragraph 1
  126. Child Abduction and Custody Act 1985 (c. 60)
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. Children Act 1989 (c. 41)
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. Criminal Justice and Court Services Act 2000 (c. 43)
  139. 12Paragraph 12
  140. 13Paragraph 13
  141. 14Paragraph 14
  142. Adoption and Children Act 2002 (c. 38)
  143. 15Paragraph 15
  144. 16Paragraph 16
  145. 17Paragraph 17
  146. Sexual Offences Act 2003 (c. 42)
  147. 18Paragraph 18
  148. 1Paragraph 1
  149. Amendments relating to child minding and day care
  150. Conditions imposed by justice of the peace or tribunal
  151. 2Paragraph 2
  152. Application fees
  153. 3Paragraph 3
  154. Fees payable by registered persons
  155. 4Paragraph 4
  156. Waiver of disqualification
  157. 5Paragraph 5
  158. Amendments relating to day care only
  159. Qualification for registration
  160. 6Paragraph 6
  161. Hotels etc
  162. 7Paragraph 7
  163. Prohibition in respect of disqualified persons
  164. 8Paragraph 8
  165. Unincorporated associations
  166. 9Paragraph 9
  167. 1Plans
  168. Paragraph
  169. 2Child minding and day care
  170. Paragraph
  171. 3Inspection of local education authorities
  172. Paragraph
  173. 4Social services committees and departments
  174. Paragraph
  175. 5Reasonable punishment
  176. Paragraph
  177. 6Child safety orders
  178. Paragraph