Children Act 2004 - Explanatory Notes

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 LSCBs

         2. Section 14: Functions and procedure of LSCBs

         3. Section 15: Funding of LSCBs

         4. Section 16: LSCBs: 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. CAFCASS 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 CAFCASS to Assembly

         2. Section 43: Transfer of staff from CAFCASS 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