Children Act 1989
What this means for your business
- Applies to
- United Kingdom
- On this page
- 24 compliance obligations, 3 practical guides
What you must do
24 compliance obligations under this legislation — 2 can result in imprisonment.
Management duties 4
Obtain consent or court order before changing a child’s name or removing them from the UK
If a child arrangements order applies to a child, you cannot change the child’s surname or take the child out of the United Kingdom unless you have written consent from every person who has parental responsibility, or a specific court order. This restriction applies to anyone – parents, schools, travel agents, registrars or other businesses – who might be involved in changing a name or arranging travel. Make sure you check for any order and secure the required consent before proceeding.
Provide child for court‑ordered assessment and follow directions
If a court issues a child assessment order for a child you are responsible for, you must make the child available to the person named in the order and obey any instructions about the assessment, including timing and location. You also need to keep records that you complied with the order and any notice you gave to parents or others.
Safeguard and promote welfare of children in your care
If your voluntary organisation provides accommodation for children, you must look after their welfare, use available services for them where reasonable, and give them support when they leave. Before deciding anything that affects a child you must, as far as practicable, find out the wishes of the child, the parents, any other responsible adult and any other relevant people, and take those views and the child’s background into account.
Safeguard and promote welfare of children in your private home
If you run a private children’s home you must look after each child’s welfare, use suitable services and help them when they leave. Before you make any decision about a child you must, as far as practicable, find out and consider the wishes of the child, their parents or anyone else with parental responsibility, and any other relevant persons, taking into account the child’s age, religion, race, culture and language.
Offences and prohibitions 19
Breach registration conditions for child care
Unlimited fineIf you run a registered child‑minding or day‑care service and you break a condition attached to your registration (for example, staffing levels, premises standards or any other stipulated requirement) without a reasonable excuse, you commit an offence. On conviction in the magistrates' court you face an unlimited fine (level 5 on the standard scale). There is no custodial sentence for this offence.
Corporate liability for offences under Children Act
If your company commits an offence under the Children Act 1989 and a director, manager, secretary or any similar officer gave consent, turned a blind eye, or was negligent, both the company and that individual can be prosecuted. They will face the same punishment that applies to the underlying offence.
Fail to comply with Children Act accommodation regulations
Fine up to £2,500If your voluntary organisation provides accommodation for a child and breaches any regulation made under sections 59(2)‑(4) of the Children Act 1989 (for example rules on foster placement, home arrangements, case review or handling complaints) without a reasonable excuse, you commit a criminal offence. On summary conviction you can be fined up to £2,500. There is no custodial sentence.
Fail to give required notice or information, or give false statement
Unlimited fineIf you are required to provide a notice or information under the Children Act and you either miss the deadline, give it late without a reasonable excuse, or deliberately supply false or misleading details, you commit an offence. On summary conviction you face an unlimited fine.
Fail to hold or produce a suitability certificate for child care
Unlimited fineIf you look after children in Wales for more than five hours a week and would have to register as a care provider if the children were under eight, regulations can require you to hold a suitability certificate. Not having the certificate, refusing to show it when asked, or giving false information to obtain it, is a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine.
Fail to notify local authority of child accommodation
Fine up to £1,000If you run a care home or an independent hospital and place a child there for three months or intend to do so, you must notify the local authority and also notify them when the child leaves. Failing to give this notice without a reasonable excuse is a criminal offence. On conviction in the magistrates' court you face a fine of up to £1,000.
Intentionally obstruct a child‑accommodation inspection
Fine up to £1,000If you deliberately prevent an authorised officer from inspecting a child accommodation premises or the associated records, you commit a criminal offence. On conviction in the Magistrates' Court you face a fine of up to £1,000. No imprisonment is attached to this offence.
Intentionally obstruct removal of a child under emergency protection order
Fine up to £1,000If you or anyone acting for your business deliberately blocks a person who has a court‑issued emergency protection order from removing a child (or stopping the child’s removal), you commit an offence. On conviction in the magistrates' court you can be fined up to £1,000. No prison term is provided for this offence.
Make false or misleading statement in registration application
Unlimited fineIf you submit an application to be registered under the Children Act 1989 and knowingly give false or misleading information, you commit a criminal offence. On conviction in the Magistrates' Court you face an unlimited fine. No prison term is attached to this offence.
Obstruct a child recovery order
Fine up to £1,000If you deliberately block a constable or any authorised person from retrieving a child under a court‑made recovery order, you commit a criminal offence. On conviction in the magistrates' court you face a fine of up to £1,000. No imprisonment is provided for this offence.
Obstruct an authorised child‑care inspector
Fine up to £2,500If you run a child‑minding or day‑care service you must let inspectors authorised by the Assembly enter your premises, inspect records, interview staff and take evidence. Willfully blocking or hindering them is a criminal offence. On conviction in the magistrates’ court you face a fine of up to £2,500.
Obstruct entry or search under emergency protection order
Fine up to £1,000If you (or someone acting for you) deliberately prevent a person who is authorised by a court to enter premises and search for a child under an emergency protection order, you commit a criminal offence. The offence is tried in the Magistrates' Court and carries a maximum fine of £1,000. No prison term is prescribed for this offence.
Obstruct inspection of boarding school accommodation
Fine up to £1,000If a school, college or any other person deliberately blocks an authorised inspector from exercising the powers to inspect premises, records or computers under this section, you commit a criminal offence. On summary conviction you face a fine of up to £1,000. There is no custodial sentence for this offence.
Obstruct inspection of children’s homes or related premises
Fine up to £1,000If you deliberately prevent or interfere with an authorised inspector who is carrying out a visit to a children’s home, school boarding accommodation, foster placement, NHS‑run accommodation or any other premises covered by this section, you commit a criminal offence. A conviction in the magistrates’ court can result in a fine of up to £1,000. No imprisonment is mentioned for this offence.
Operate as childminder or day‑care provider while registration is suspended
Unlimited fineIf you are a registered childminder or run a day‑care service and you continue to provide care while your registration has been suspended (or breach any other condition listed in the regulation) without a reasonable excuse, you commit a criminal offence. On conviction you will be tried in the Magistrates' Court and face an unlimited fine.
Operate childminding or day‑care without registration
Unlimited fineIf you run a child‑minding service or provide day‑care in Wales and you are not registered with the Assembly, you are committing a criminal offence. The offence also applies if you continue to provide the service after an enforcement notice has been served and you have no reasonable excuse. On conviction you face an unlimited fine, dealt with in the Magistrates' Court.
Operate or employ a disqualified person in a children’s home without consent
6 months imprisonmentIf you run a children’s home or hire staff and any of those people are disqualified from fostering, you must tell the appropriate authority within 28 days and obtain written consent before they can be involved. Failing to do so is a criminal offence. On conviction you face up to six months in prison, an unlimited fine, or both.
Publish material identifying a child in court proceedings
Fine up to £2,500If you publish, broadcast or otherwise make public any information that could identify a child involved in High Court or family court proceedings, you commit an offence. Conviction in the Magistrates' Court can result in a fine of up to £2,500. The offence applies to any person or business that distributes such material, including media organisations and online platforms.
Unlawfully remove a child in care
6 months imprisonmentIf you knowingly take, keep or encourage a child who is in state care, under an emergency protection order, or in police protection to be away from the person legally responsible for them – without authority or a reasonable excuse – you commit a criminal offence. On conviction you can be sentenced to up to six months in prison, fined up to an unlimited amount (level 5 on the standard scale), or both.
Reporting and filing 1
Inform the relevant local authority when a child in your care moves or leaves accommodation
If you run a children’s home, a voluntary organisation, an NHS‑run facility or any other place that looks after a child, you must tell the local authority (or Welsh authority) where the child is going to live as soon as they move or, after they turn 16, leave your accommodation. This lets the new authority take over their care.
Penalties for non-compliance
19 penalties under this legislation. 2 can result in imprisonment. 8 carry an unlimited fine.
Operate or employ a disqualified person in a children’s home without consent
Unlimited fine and/or 6 months imprisonment
Unlawfully remove a child in care
Unlimited fine and/or 6 months imprisonment
Breach registration conditions for child care
Unlimited fine
Fail to give required notice or information, or give false statement
Unlimited fine
Fail to hold or produce a suitability certificate for child care
Unlimited fine
Make false or misleading statement in registration application
Unlimited fine
Operate as childminder or day‑care provider while registration is suspended
Unlimited fine
Operate childminding or day‑care without registration
Unlimited fine
Fail to comply with Children Act accommodation regulations
Fine up to £2,500
Obstruct an authorised child‑care inspector
Fine up to £2,500
Publish material identifying a child in court proceedings
Fine up to £2,500
Fail to notify local authority of child accommodation
Fine up to £1,000
Intentionally obstruct a child‑accommodation inspection
Fine up to £1,000
Intentionally obstruct removal of a child under emergency protection order
Fine up to £1,000
Obstruct a child recovery order
Fine up to £1,000
Obstruct entry or search under emergency protection order
Fine up to £1,000
Obstruct inspection of boarding school accommodation
Fine up to £1,000
Obstruct inspection of children’s homes or related premises
Fine up to £1,000
Corporate liability for offences under Children Act
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Start and Register a Childcare Business
Complete guide to registering and launching a childcare business in England, from Ofsted registration to EYFS compliance. Covers nurseries, preschools, …
Register as a Childminder in England
Complete guide to becoming a registered childminder, from pre-registration training and DBS checks to Ofsted registration and setting up your …
Comply with the EYFS Statutory Framework
How to implement the Early Years Foundation Stage (EYFS) framework in your childcare setting. Covers safeguarding, staff ratios, qualifications, learning …
Sections and provisions
228 classified provisions from this legislation.
Duties 51
- s.1 Welfare of the child. it
- s.7 Welfare reports. authority or officer of …
- s.11L Enforcement orders: making officer of the Service …
- s.11O Compensation for financial loss
- s.11M Enforcement orders: monitoring officer of the Service …
- s.11H Monitoring contact and shared residence officer of the Service …
- s.11E ...Activity directions and conditions: making officer of the Service …
- s.11G ... Activity directions and conditions: monitoring officer of the Service …
- s.12 Child arrangements orders and parental responsibility. he
- s.13 Change of child’s name or removal from jurisdiction.
- s.14B Special guardianship orders: making
- s.14C Special guardianship orders: effect
- s.14G Special guardianship support services: representations local authority
- s.14A Special guardianship orders
- s.17ZI Section 17 services: provision after EHC plan no longer maintained
- s.18 Day care for pre-school and other children. local authority
- s.20 Provision of accommodation for children: general. local authority
- s.21 Provision of accommodation for children in police protection or detention or on remand, etc. local authority
- s.22A Provision of accommodation for children in care
- s.22G General duty of local authority to secure sufficient accommodation for looked after children
- ... and 31 more duties
Offences and penalties 20
- s.44 Orders for emergency protection of children.
- s.48 Powers to assist in discovery of children who may be in need of emergency protection.
- s.49 Abduction of children in care etc.
- s.50 Recovery of abducted children etc.
- s.59 ` Provision of accommodation by voluntary organisations.
- s.62 Duties of local authorities.
- s.65 2 Persons disqualified from carrying on, or being employed in children’s homes.
- s.70 Offences.
- s.79W Requirement for certificate of suitability.
- s.79U Rights of entry etc.
- s.79E Applications for registration.
- s.79H Suspension of registration.
- s.79D Requirement to register.
- s.79F Grant or refusal of registration.
- s.79C Regulations etc. governing child minders and day care providers.
- s.80 Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.
- s.86 Children accommodated in care homes or independent hospitals.
- s.87 Welfare of children in boarding schools and colleges.
- s.97 Privacy for children involved in certain proceedings.
- s.103 Offences by bodies corporate.
Powers 63
- s.4A Acquisition of parental responsibility by step-parent
- s.4 Acquisition of parental responsibility by father.
- s.4ZA Acquisition of parental responsibility by second female parent
- s.10 Power of court to make section 8 orders.
- s.11J Enforcement orders
- s.11F ... Activity directions and conditions: financial assistance
- s.11 General principles and supplementary provisions.
- s.14F Special guardianship support services
- s.14D Special guardianship orders: variation and discharge
- s.16A Risk assessments
- s.16 Family assistance orders.
- s.17ZG Section 17 services: continued provision where EHC plan maintained
- s.17ZB Young carers' needs assessments: supplementary
- s.17ZC Consideration of young carers' needs assessments
- s.17ZE Parent carers' needs assessments: supplementary
- s.17ZF Consideration of parent carers' needs assessments
- s.17 Provision of services for children in need, their families and others.
- s.22C Ways in which looked after children are to be accommodated and maintained
- s.23B Additional functions of the responsible authority in respect of relevant children.
- s.23D Personal advisers.
- ... and 43 more powers
Definitions 23
- s.8 Child arrangements orders and other orders with respect to children. child arrangements order
- s.14E Special guardianship orders: supplementary
- s.16B Application to local authorities in England
- s.23CZB England: further advice and support former relevant child
- s.23ZA Duty of local authority to ensure visits to, and contact with, looked after children and others
- s.23ZZA Information and advice for promoting educational achievement relevant child
- s.31A Care orders: care plans
- s.36 Education supervision orders. an education supervision order
- s.38A Power to include exclusion requirement in interim care order.
- s.41 Representation of child specified proceedings
- s.44A Power to include exclusion requirement in emergency protection order.
- s.46 Removal and accommodation of children by police in cases of emergency.
- s.55 Determination of disputes relating to controlled and assisted community homes.
- s.58 Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises. premises the proprietor the relevant time
- s.60 Voluntary homes. voluntary home
- s.63 Private children’s homes etc.
- s.68 Persons disqualified from being private foster parents. the appropriate authority enactment
- s.79B Other definitions, etc. the Assembly the responsible individual Domestic premises
- s.92 Jurisdiction of courts.
- s.93 Rules of court. notice of proceedings prescribed relevant proceedings
- ... and 3 more definitions
Exemptions 23
- s.2 Parental responsibility for children.
- s.5 Appointment of guardians.
- s.9 Restrictions on making section 8 orders.
- s.11A ... Activity directions
- s.11D ... Activity conditions: further provision
- s.11B ... Activity directions: further provision
- s.11P Orders under section 11O(2): further provision
- s.11K Enforcement orders: further provision
- s.17ZA Young carers' needs assessments ...
- s.17A Direct payments
- s.17ZD Parent carers' needs assessments ...
- s.17ZH Section 17 services: transition for children to adult care and support
- s.19 Review of provision for day care, child minding etc.
- s.23CZA Arrangements for certain former relevant children to continue to live with former foster parents
- s.24A Advice and assistance.
- s.24 Persons qualifying for advice and assistance.
- s.38 Interim orders.
- s.45 Duration of emergency protection orders and other supplemental provisions.
- s.79A Child minders and day care providers.
- s.91 Effect and duration of orders etc.
- ... and 3 more exemptions