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Children and Families Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Children and Families Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background and Summary

    1. Part 1: Adoption and contact

    2. Part 2: Family justice

    3. Part 3: Children and young people in England with special educational needs or disabilities

    4. Part 4: Childcare etc

    5. Part 5: Welfare of Children

    6. Part 6: The Children’s Commissioner

    7. Part 7: Statutory rights to leave and pay

    8. Part 8: Time off work: Ante-natal care etc

    9. Part 9: Right to request flexible working

  3. Territorial Extent and Application

    1. Scotland

    2. Northern Ireland

    3. Wales

      1. Part 1: Adoption and contact

      2. Part 2: Family justice

      3. Part 3: Children and young people in England with special educational needs or disabilities

      4. Part 5: Welfare of children

      5. Part 6: The Children’s Commissioner

      6. Parts 7, 8 & 9: Statutory rights to leave and pay, Time off work: ante-natal care etc and Right to request flexible working

  4. Commentary on Sections

    1. Part 1: ADOPTION AND CONTACT

      1. Adoption

        1. Section 1: Contact between prescribed persons and adopted person’s relatives

        2. Section 2: Placement of looked after children with prospective adopters

        3. Section 3: Repeal of requirement to give due consideration to ethnicity: England

        4. Section 4: Recruitment, assessment and approval of prospective adopters

        5. Section 5: Adoption support services: personal budgets

        6. Section 6: Adoption support services: duty to provide information

        7. Section 7 and Schedule 1: The Adoption and Children Act Register

      2. Contact

        1. Section 8: Contact: children in care of local authorities

        2. Section 9: Contact: post-adoption

    2. Part 2 – FAMILY JUSTICE

      1. Section 10: Family mediation information and assessment meetings

      2. Section 11: Welfare of the child: parental involvement

      3. Section 12: Child arrangements orders

      4. Schedule 2 – Child arrangements orders: amendments

        1. Schedule 2, Part 1: Amendments of the Children Act 1989

        2. Schedule 2, Part 2 – Child arrangements order – amendments in other legislation

      5. Section 13: Control of expert evidence, and of assessments, in children proceedings

      6. Section 14: Care, supervision and other family proceedings: time limits and timetables

      7. Section 15: Care Plans

      8. Section 16: Care proceedings and care plans: regulations: procedural requirements

      9. Section 17: Repeal of restrictions on divorce and dissolution etc where there are children

      10. Section 18: Repeal of uncommenced provisions of Part 2 of the Family Law Act 1996

    3. PART 3 - children and young people in england with special Educational Needs OR DISABILITIES

      1. Local authority functions: general principles

        1. Section 19: Local authority functions: Supporting and involving children and young people

      2. Special educational needs etc

        1. Section 20: When a child or young person has special educational needs

        2. Section 21: Special educational provision, health care provision and social care provision

      3. Identifying children and young people with special educational needs and disabilities

        1. Section 22: Identifying children and young people with special educational needs and disabilities

        2. Section 23: Duty of health bodies to bring certain children to local authority’s attention

      4. Children and young people for whom a local authority is responsible

        1. Section 24: When a local authority is responsible for a child or young person

      5. Education, health and care provision: integration and joint commissioning

        1. Section 25: Promoting integration

        2. Section 26: Joint commissioning arrangements

      6. Review of education and care provision

        1. Section 27: Duty to keep education and care provision under review

      7. Co-operation and assistance

        1. Section 28: Co-operating generally: local authority functions

        2. Section 29: Co-operating generally: governing body functions

      8. Information and advice

        1. Section 30: Local offer

        2. Section 31: Co-operating in specific cases: local authority functions

        3. Section 32: Advice and information

      9. Mainstream education

        1. Section 33: Children and young people with EHC plans

        2. Section 34: Children and young people with special educational needs but no EHC plan

        3. Section 35: Children with special educational needs in maintained nurseries and mainstream schools

      10. Assessment

        1. Section 36: Assessment of education, health and care needs

      11. Education, health and care plans

        1. Section 37: Education, health and care plans

        2. Section 38: Preparation of EHC plans: draft plan

        3. Section 39: Finalising EHC plans: request for particular school or other institution

        4. Section 40: Finalising EHC plans: no request for particular school or other institution

        5. Section 41: Independent special schools and special post-16 institutions: approval

        6. Section 42: Duty to secure special educational provision and health care provision in accordance with EHC plan

        7. Section 43: Schools and other institutions named in EHC plan: duty to admit

        8. Section 44: Reviews and re-assessments

        9. Section 45: Ceasing to maintain an EHC plan

        10. Section 46: Maintaining an EHC plan after young person’s 25 birthday

        11. Section 47: Transfer of EHC plans

        12. Section 48: Release of a child or young person for whom EHC plan previously maintained

        13. Section 49: Personal budgets and direct payments

        14. Section 50: Continuation of services under section 17 of the Children Act 1989

      12. Appeals, mediation and dispute resolution

        1. Section 51: Appeals

        2. Section 52: Right to mediation

        3. Section 53: Mediation: health care issues

        4. Section 54: Mediation: educational and social care issues etc

        5. Section 55: Mediation

        6. Section 56: Mediation: supplementary

        7. Section 57: Resolution of disagreements

        8. Section 58: Appeals and claims by children: pilot schemes

        9. Section 59: Appeals and claims by children: follow-up provision

        10. Section 60: Equality Act 2010: claims against schools by disabled young people

      13. Special educational provision: functions of local authorities

        1. Section 61: Special educational provision otherwise than in schools, post-16 institutions etc

        2. Section 62: Special educational provision outside England and Wales

        3. Section 63: Fees for special educational provision at non-maintained schools and post-16 institutions

        4. Section 64: Supply of goods and services

        5. Section 65: Access to schools, post-16 institutions and other institutions

      14. Special educational provision: functions of governing bodies and others

        1. Section 66: Using best endeavours to secure special educational provision

        2. Section 67: SEN co-ordinators

        3. Section 68: Informing parents and young people

        4. Section 69: SEN information report

      15. Detained Persons

        1. Section 70: Application of Part to detained persons

        2. Section 71: Assessment of post-detention education, health and care needs of detained persons

        3. Section 72: Securing EHC plans for certain detained persons

        4. Section 73: EHC plans for certain detained persons: appeals and mediation

        5. Section 74: Duty to keep EHC plans for detained persons.

        6. Section 75: Supply of goods and services: detained persons

      16. Information to improve well-being of children and young people with SEN

        1. Section 76: Provision and publication of special needs information

      17. Code of Practice

        1. Section 77: Code of Practice

        2. Section 78: Making and approval of Code

        3. Section 79: Review of resolution of disagreements

      18. Supplementary

        1. Section 80: Parents and young people lacking capacity

        2. Section 81: Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in England

    4. Part 4 – Childcare Etc

      1. Section 84: Childminder agencies

      2. Schedule 4: Childminder agencies: amendments

      3. Section 85: Inspection of providers of childcare to young children

      4. Section 86: Repeal of local authority’s duty to assess sufficiency of childcare provision

      5. Section 87: Discharge of authority’s duty to secure free early years provision

      6. Section 88: Governing bodies: provision of community facilities

      7. Section 89: Childcare costs scheme: preparatory expenditure

    5. PART 5 – WELFARE OF CHILDREN

      1. Section 90: Extension of licensing of child performances to children under 14

      2. Section 91: Purchase of tobacco etc. on behalf of persons under 18

      3. Section 92: Prohibition of sale of nicotine products to persons under 18

      4. Section 93: Amendments consequential on section 92

      5. Section 94: Regulation of retail packaging etc of tobacco products

      6. Section 95: Smoking in a private vehicle

      7. Section 96: Young carers

      8. Section 97: Parent carers

      9. Section 98: Arrangements for living with former foster parents after reaching adulthood

      10. Section 99: Promotion of educational achievement of children looked after by local authorities

      11. Section 100: Duty to support pupils with medical conditions

      12. Section 101: Local authority functions relating to children etc: intervention

      13. Section 102: Application of suspension etc powers to establishments and agencies in England

      14. Section 103: Objectives and standards for establishments and agencies in England

      15. Section 104: National minimum standards for establishments and agencies in England

      16. Section 105: Disqualification from carrying on, or being employed in, a children’s home

      17. Section 106: Provision of free school lunches

    6. Part 6 - the Children’s Commissioner

      1. Section 107: Primary function of the Children’s Commissioner

      2. 2A United Nations Convention on the Rights of the Child (UNCRC)

      3. Section 2B: Involving children in the discharge of the primary function

      4. Section 2C: Primary function: reports

      5. Section 108: Provision by Commissioner of advice and assistance to certain children

      6. Section 109: Commissioner’s power to enter premises

      7. Section 110: Provision of information to Commissioner

      8. Section 111: Advisory board

      9. Section 112: Business plans

      10. Section 113: Annual reports

      11. Section 114: Children living away from home or receiving social care

      12. Section 115 and Schedule 5: Minor and consequential amendments

        1. Inquiries

        2. Functions of Commissioner in respect of Wales, Scotland and Northern Ireland

        3. Young persons

        4. Appointment and tenure of the Children’s Commissioner

        5. Interim Appointments

        6. Deputy Children’s Commissioner

      13. Section 116: Repeal of requirement to appoint a Children’s Rights Director

      14. Schedule 6: Repeal of requirement to appoint a Children’s Rights Director: Transfer schemes

    7. Part 7 - Statutory Rights to Leave and Pay

      1. Shared parental leave

        1. Section 117: Shared parental leave

        2. Section 75E: Entitlement to shared parental leave: birth

        3. Section 75F: Entitlement to leave under section 75E: further provision

        4. Section 75G: Entitlement to shared parental leave: adoption

        5. Section 75H: Entitlement to leave under section 75G: further provision

        6. Section 75I: Rights during and after shared parental leave

        7. Section 75J: Redundancy and dismissal

        8. Section 75K: Chapter 1B: supplemental

        9. Section 118: Exclusion or curtailment of other statutory rights to leave

      2. Statutory shared parental pay

        1. Section 119: Statutory shared parental pay

        2. Section 171ZU: Entitlement: birth

        3. Section 171ZV: Entitlement: adoption

        4. Section 171ZW: Entitlement: general

        5. Section 171ZX: Liability to make payments

        6. Section 171ZY: Rate and period of pay

        7. Section 171ZZ: Restrictions on contracting out

        8. Section 171ZZ1: Relationship with contractual remuneration

        9. Section 171ZZ2: Crown employment

        10. Section 171ZZ3: Special classes of person

        11. Section 171ZZ4: Part 12ZC: supplementary

        12. Section 171ZZ5: Power to apply Part 12ZC

        13. Section 120: Curtailment of statutory pay periods and exclusion of statutory pay

      3. Other statutory rights

        1. Section 121: Statutory rights to leave and pay of prospective adopters with whom looked after children are placed

        2. Section 122: Statutory rights to leave and pay of applicants for parental orders

        3. Section 123: Statutory paternity pay: notice requirement and period of payment

        4. Section 124: Rate of statutory adoption pay

        5. Section 125: Abolition of additional paternity leave and additional statutory paternity pay

        6. Section 126: Further amendments

        7. Schedule 7: Statutory rights to leave and pay: further amendments

    8. Part 8 – Time Off Work: Ante-Natal Care Etc

      1. Section 127: Time off work to accompany to ante-natal appointments

      2. Section 128: Time off work to attend adoption appointments

      3. Section 57ZJ: Right to paid time off to attend adoption appointments

      4. Section 57ZK: Right to remuneration for time off for adoption appointments

      5. Section 57ZL: Right to unpaid time off to attend adoption appointments

      6. Section 57ZM: Complaint to employment tribunal

      7. Section 57ZN: Right to paid time off to attend adoption appointments: agency workers

      8. Section 57ZO: Right to remuneration for time off to attend adoption appointments: agency workers

      9. Section 57ZP: Right to unpaid time off to attend adoption appointments: agency workers

      10. Section 57ZQ: Complaint to employment tribunal: agency workers

      11. Section 57ZR: Agency workers: supplementary

      12. Section 129: Right not to be subjected to detriment: agency workers

      13. Section 130: Time off work for ante-natal care: increased amount of award

    9. Part 9 – Right to Request Flexible Working

      1. Section 131: Removal of the requirement to be a carer

      2. Section 132: Dealing with applications

      3. Section 133: Complaints to employment tribunals

      4. Section 134: Review of sections 131 to 133

    10. Part 10 – General Provisions

      1. Section 135: Orders and regulations

      2. Section 136: Consequential amendments, repeals and revocations

      3. Section 137: Transitional, transitory or saving provision

      4. Section 139: Commencement

      5. Section 140: Short title and extent

  5. Hansard References

  • Explanatory Notes Table of contents

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