Childcare Ofsted compliance quick check
- 2 steps
UK Act of Parliament
1989
United Kingdom
Children Act 1989
At a glance
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 24
- Responsible Person 2
- Director or Officer 1
Plus 44 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Childcare funding entitlements quick reference
- 1 step
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Responsible Persons also bound by 56 other Acts (top 5 shown)
- MH(CT)(S)A 2003 2003 45 duties
- Climate Change Levy (General) Regulations 2001 2001 24 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 22 duties
- The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 1995 21 duties
- The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 1995 16 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Introductory
Welfare of the child.
Other duties (1) — Crown / regulator
- Courts must prioritize the child's welfare in upbringing and property cases Tribunal / Court
Welfare reports.
Other duties (1) — Crown / regulator
- Local authorities and CAFCASS must provide child welfare reports when requested Local authority
Browse 7 other sections in this Part — procedural / definitional / commencement
Parental responsibility for children.
Meaning of “parental responsibility”.
Acquisition of parental responsibility by father.
Acquisition of parental responsibility by step-parent
Acquisition of parental responsibility by second female parent
Appointment of guardians.
Guardians: revocation and disclaimer.
Part II — Orders With Respect To Children In Family Proceedings
...Activity directions and conditions: making
Other duties (1) — Crown / regulator
- Courts must verify activity suitability and location before making orders Tribunal / Court
... Activity directions and conditions: monitoring
Other duties (1) — Crown / regulator
- Family court officers must monitor compliance with court orders Statutory regulator
Monitoring contact and shared residence
Other duties (1) — Crown / regulator
- Courts may request monitoring of child contact and living arrangements Tribunal / Court
Enforcement orders: making
Other duties (1) — Crown / regulator
- Courts must evaluate personal impact before making enforcement orders Tribunal / Court
Enforcement orders: monitoring
Other duties (1) — Crown / regulator
- Courts must appoint officers to monitor compliance with enforcement orders Tribunal / Court
Compensation for financial loss
Other duties (1) — Crown / regulator
- Courts may order compensation for financial loss caused by breaching family orders Tribunal / Court
Child arrangements orders and parental responsibility.
Other duties (1) — Crown / regulator
- Courts must grant parental responsibility in child arrangements orders Tribunal / Court
Change of child’s name or removal from jurisdiction.
- You must obtain consent before changing a child's name or moving them abroad Any Person
Special guardianship orders
Other duties (1) — Crown / regulator
- Local authorities must investigate and report on special guardianship apps Local authority
Special guardianship orders: making
Other duties (1) — Crown / regulator
- Courts must review existing contact orders before making a guardianship order Tribunal / Court
Special guardianship orders: effect
- Notify parents and guardians if a child under special guardianship dies Any Person
Special guardianship support services: representations
Other duties (1) — Crown / regulator
- Local authorities must establish a complaints procedure for special guardianship Local authority
Browse 21 other sections in this Part — procedural / definitional / commencement
Child arrangements orders and other orders with respect to children.
Restrictions on making section 8 orders.
Power of court to make section 8 orders.
General principles and supplementary provisions.
... Activity directions
... Activity directions: further provision
... Activity conditions
... Activity conditions: further provision
... Activity directions and conditions: financial assistance
Child arrangements orders: warning notices
Enforcement orders
Enforcement orders: further provision
Enforcement orders: warning notices
Orders under section 11O(2): further provision
Enforcement of residence orders.
Special guardianship orders: variation and discharge
Special guardianship orders: supplementary
Special guardianship support services
Orders for financial relief with respect to children.
Family assistance orders.
Risk assessments
Part III — SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
Section 17 services: provision after EHC plan no longer maintained
Other duties (1) — Crown / regulator
- Local authorities must continue providing services during transition assessments Local authority
Day care for pre-school and other children.
Other duties (1) — Crown / regulator
- Local authorities must provide day care for children in need Local authority
Provision of accommodation for children: general.
Other duties (1) — Crown / regulator
- Local authorities must provide accommodation for children in need Local authority
Provision of accommodation for children in police protection or detention or on remand, etc.
Other duties (1) — Crown / regulator
- Local authorities must provide accommodation for children in police custody Local authority
General duty of local authority in relation to children looked after by them.
Other duties (1) — Crown / regulator
- Local authorities must safeguard and promote the welfare of children in care Local authority
Provision of accommodation for children in care
Other duties (1) — Crown / regulator
- Local authorities must provide accommodation for children in their care Local authority
Maintenance of looked after children
Other duties (1) — Crown / regulator
- Local authorities must maintain children in their care Local authority
Ways in which looked after children are to be accommodated and maintained
Other duties (1) — Crown / regulator
- Local authorities must prioritise family and foster placements for children Local authority
Review of child's case before making alternative arrangements for accommodation
Other duties (1) — Crown / regulator
- Local authorities must review case before changing child accommodation Local authority
Children’s homes provided by Secretary of State or Welsh Ministers
Other duties (1) — Crown / regulator
- Local authority must follow government terms when placing children in homes Local authority
General duty of local authority to secure sufficient accommodation for looked after children
Other duties (1) — Crown / regulator
- Local authorities must secure sufficient accommodation for looked-after children Local authority
Information.
- Notify local authorities when a young person moves area Any Person
Representations: sections 23A to 24B.
Other duties (1) — Crown / regulator
- Local authorities must establish a formal complaints and representations procedure Local authority
Use of accommodation for restricting liberty.
Other duties (1) — Crown / regulator
- Courts must determine applications for secure accommodation orders Tribunal / Court
Appointment of independent reviewing officer
Other duties (1) — Crown / regulator
- Local authorities must appoint an Independent Reviewing Officer for children Local authority
Functions of the independent reviewing officer
Other duties (1) — Crown / regulator
- Local authorities must cooperate with the Independent Reviewing Officer Local authority
Co-operation between authorities.
Other duties (1) — Crown / regulator
- Specified authorities must cooperate with local authority requests for help Local authority
Recoupment of cost of providing services etc.
Other duties (1) — Crown / regulator
- Local authorities may charge for services provided to children and families Local authority
Browse 37 other sections in this Part — procedural / definitional / commencement
Application to local authorities in England
Provision of services for children in need, their families and others.
Direct payments
Vouchers for persons with parental responsibility for disabled children : Wales.
Young carers' needs assessments ...
Young carers' needs assessments: supplementary
Consideration of young carers' needs assessments
Parent carers' needs assessments ...
Parent carers' needs assessments: supplementary
Consideration of parent carers' needs assessments
Section 17 services: continued provision where EHC plan maintained
Section 17 services: transition for children to adult care and support
Review of provision for day care, child minding etc.
Regulations as to children looked after by local authorities
Provision of accommodation and maintenance by local authority for children whom they are looking after.
The responsible authority and relevant children.
Additional functions of the responsible authority in respect of relevant children.
Continuing functions in respect of former relevant children.
Further assistance to pursue education or training
Arrangements for certain former relevant children to continue to live with former foster parents
England: further advice and support
Personal advisers.
Pathway plans.
Duty of local authority to ensure visits to, and contact with, looked after children and others
Independent visitors for children looked after by a local authority
Information and advice for promoting educational achievement
Persons qualifying for advice and assistance.
Advice and assistance.
Employment, education and training.
Referred cases
Review of cases and inquiries into representations.
Advocacy services
Representations: further consideration
Representations: further consideration (Wales)
Consultation with local education authorities.
Miscellaneous.
Meaning of appropriate national authority
Part IV — Care and Supervision
Period within which application for order under this Part must be disposed of.
Other duties (1) — Crown / regulator
- Courts must resolve care and supervision orders within 26 weeks Tribunal / Court
Effect of care order.
Other duties (1) — Crown / regulator
- Local authorities must manage parental responsibility for children in care Local authority
Supervision orders.
Other duties (1) — Crown / regulator
- Supervisors must support child and monitor compliance with supervision orders Local authority
Right of officer of the Service to have access to local authority records
Other duties (1) — Crown / regulator
- Local authorities and authorised persons must allow CAFCASS officers access Local authority
Browse 11 other sections in this Part — procedural / definitional / commencement
Care and Supervision
Care orders: care plans
Parental contact etc. with children in care.
Education supervision orders.
Powers of court in certain family proceedings.
Interim orders.
Power to include exclusion requirement in interim care order.
Undertakings relating to interim care orders.
Discharge and variation etc. of care orders and supervision orders.
Orders pending appeals in cases about care or supervision orders.
Representation of child
Part V — Protection of Children
Child assessment orders.
- Produce a child for assessment and follow court directions Any Person
Orders for emergency protection of children.
Fine up to £1,000- Obstruct the removal of a child under an emergency protection order Any Person
Local authority’s duty to investigate.
Other duties (1) — Crown / regulator
- Local authorities must investigate concerns of significant harm to a child Local authority
Powers to assist in discovery of children who may be in need of emergency protection.
Fine up to £1,000- Obstructing a search for a child under an emergency protection order Any Person
Abduction of children in care etc.
6 months imprisonment- Unlawfully take or keep a child in care away from their carer Any Person
Recovery of abducted children etc.
Fine up to £1,000- Obstruct the removal of a child under a recovery order Any Person
Browse 6 other sections in this Part — procedural / definitional / commencement
Power to include exclusion requirement in emergency protection order.
Undertakings relating to emergency protection orders.
Duration of emergency protection orders and other supplemental provisions.
Removal and accommodation of children by police in cases of emergency.
Refuges for children at risk.
Rules and regulations.
Part VI — Community Homes
Provision of community homes by local authorities.
Other duties (1) — Crown / regulator
- Local authorities must ensure availability of diverse community homes Local authority
Browse 5 other sections in this Part — procedural / definitional / commencement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Determination of disputes relating to controlled and assisted community homes.
Discontinuance by voluntary organisation of controlled or assisted community home.
Closure by local authority of controlled or assisted community home.
Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.
Part VII — Voluntary Homes and Voluntary Organisations
` Provision of accommodation by voluntary organisations.
Fine up to £2,500- Breach regulations on child accommodation or case reviews Any Person
Duties of voluntary organisations.
- Safeguard and consult children in your care Any Person
Duties of local authorities.
Fine up to £1,000- Obstructing an inspection of children's accommodation Any Person
Browse 1 other section in this Part — procedural / definitional / commencement
Voluntary homes.
Part VIII — Registered Children’s Homes
Welfare of children in children’s homes.
- Safeguard and promote the welfare of children in your home Any Person
2 Persons disqualified from carrying on, or being employed in children’s homes.
6 months imprisonment- Employing disqualified persons or managing a home while disqualified Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Private children’s homes etc.
Appeal against refusal of authority to give consent under section 65.
Part IX — PRIVATE ARRANGEMENTS FOR FOSTERING CHILDREN
Welfare of privately fostered children.
Other duties (1) — Crown / regulator
- Local authorities must safeguard privately fostered children Local authority
Offences.
6 months imprisonment- Breach of private fostering regulations Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Part X — Child Minding and Day Care for Young Children
Browse 9 other sections in this Part — procedural / definitional / commencement
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Part XA — Child Minding and Day Care for Children in . . . Wales
Regulations etc. governing child minders and day care providers.
Unlimited fine- Breach of childminding or day care regulations Any Person
Requirement to register.
Unlimited fine- Providing child minding or day care without registration Any Person
Applications for registration.
Unlimited fine- Provide false or misleading information in a childcare application Any Person
Grant or refusal of registration.
Unlimited fine- Breach of childminding or daycare registration conditions Any Person
Suspension of registration.
Unlimited fine- Providing childcare while registration is suspended Any Person
Notice of intention to take steps.
Other duties (1) — Crown / regulator
- Regulator must provide notice before changing or cancelling registration Statutory regulator
Rights of entry etc.
Fine up to £2,500- Obstructing a childcare or day care inspector Any Person
Function of local authorities.
Other duties (1) — Crown / regulator
- Local authorities in Wales must provide childcare info, advice, and training Local authority
Requirement for certificate of suitability.
Unlimited fine- Provide childcare in Wales without suitability certification Any Person
Browse 13 other sections in this Part — procedural / definitional / commencement
Child minders and day care providers.
Other definitions, etc.
Cancellation of registration.
Resignation of registration.
Protection of children in an emergency.
Appeals.
General functions of the Chief Inspector.
Early years child care inspectorate.
Inspection of provision of child minding and day care in England.
Reports of inspections.
General functions of the Assembly.
Inspection: Wales.
Time limit for proceedings.
Part XI — Secretary of State’s Supervisory Functions and Responsibilities
Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.
Fine up to £1,000- Obstructing an inspection of a children’s home or care facility Any Person
Local authority failure to comply with statutory duty: default power of Secretary of State.
Other duties (1) — Crown / regulator
- Secretary of State may issue directions to local authorities in default Crown / Minister / Government department
Browse 3 other sections in this Part — procedural / definitional / commencement
Part XII — Miscellaneous and General
Children accommodated by health authorities and local education authorities.
Other duties (1) — Crown / regulator
- Local authorities must safeguard children in long-term health or school care Local authority
Children accommodated in care homes or independent hospitals.
Fine up to £1,000- Fail to notify local authority of children in care or hospitals Any Person
Visitors for children notified to local authority ...
Other duties (1) — Crown / regulator
- Local authorities must arrange visits for children in residential care Local authority
Welfare of children in boarding schools and colleges.
Fine up to £1,000- Safeguard and promote the welfare of children in your care Responsible Person
Privacy for children involved in certain proceedings.
Fine up to £2,500- Unlawfully identifying a child involved in court proceedings Any Person
Self-incrimination.
Other duties (1) — Crown / regulator
- Courts must require evidence in family proceedings regardless of self-incrimination Tribunal / Court
Power of constable to assist in exercise of certain powers to search for children or inspect premises.
Amended 5 timesOffences by bodies corporate.
2 years imprisonment- Personal liability for directors and managers for company offences Director or Officer
Regulations and orders.
Amended 29 timesRegulations made by the Welsh Ministers under section 31A or Part 7
Amended 29 timesInterpretation.
Amended 74 timesShort title, commencement extent etc.
Amended 1 timeBrowse 20 other sections in this Part — procedural / definitional / commencement
Suspension of duty under section 87(3).
Duties of inspectors under section 87A.
Quality assurance of inspectors under section 87A
Boarding schools: national minimum standards.
Annual fee for boarding school inspections.
Amendments of adoption legislation.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Care and supervision orders in criminal proceedings.
Effect and duration of orders etc.
Section 91(14) orders: further provision
Jurisdiction of courts.
Rules of court.
Appeals.
Attendance of child at hearing under Part IV or V.
Evidence given by, or with respect to, children.
.
Restrictions on use of wardship jurisdiction.
Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.
Financial provisions.
Application to Channel Islands.
Schedules
SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
Other duties (1) — Crown / regulator
- Local authorities must provide support and services for children in need Local authority
Supervision Orders
Other duties (1) — Crown / regulator
- Local authorities must manage and fund child supervision orders Local authority
Browse 14 other Schedules — structural / supplementary
Applications for registration
Amendments of Adoption Legislation
Jurisdiction
Minor Amendments
Consequential Amendments
Transitionals and Savings
Financial Provision for Children
Management and Conduct of Community Homes
Voluntary Homes and Voluntary Organisations
Private Children’s Homes
Foster Parents: Limits on Number of Foster Children
Privately Fostered Children
Child Minding and Day Care for Young Children in Wales
Repeals
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Enforcement orders
- Perform unpaid work and keep in touch with your responsible officer Responsible Person
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Care Inspectorate Wales registration (opens in a new tab) Detailed Guidance
- Care Inspectorate registration (opens in a new tab) Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Ofsted
PrimaryOffice for Standards in Education, Children's Services and Skills
Inspects and regulates services providing education, training, and childcare in England. Inspects schools, colleges, initial teacher training, and children's social care. Registers …
Care Inspectorate Wales
Registers and inspects social care and childcare services in Wales. Regulates care homes, domiciliary care, children's homes, and childminders.
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.