The Children Act 1989 and Children Act 2004 work together to support children’s welfare and protection. The 1989 Act established core duties concerning children’s upbringing, family support and protective intervention. The 2004 Act added arrangements for cooperation, leadership and accountability across services.
Understanding how they connect helps organisations put safeguarding responsibilities into practice. This guide compares their main provisions, explains who has duties and shows how reporting, information sharing and service arrangements support those duties.
The practical guidance focuses on England and safeguarding children under 18. It reflects the Acts as amended; other UK nations have different safeguarding frameworks.
The main difference is their contribution to the safeguarding framework. The comparison below highlights provisions relevant to children’s welfare and organisational practice.
The 2004 Act supplemented the earlier framework. Both Acts remain relevant, and cooperation was already part of the 1989 Act: Section 27 provides for local authorities to request help from specified bodies. They must assist where this is compatible with their duties and does not unduly hinder their functions.
Section 1 of the Children Act 1989 makes the child’s welfare the court’s paramount consideration when deciding questions about their upbringing or the administration of their property. In specified proceedings, the court must consider factors including the child’s wishes and feelings, needs and risk of harm.
Section 3 defines parental responsibility in terms of the legal rights, duties, powers and authority a parent has in relation to a child and their property. These provisions help explain the Act’s concern with both family responsibilities and decisions about children’s care.
Section 17 places a general duty on local authorities to safeguard and promote the welfare of children in need in their area through appropriate services. Consistently with that duty, they must promote children’s upbringing within their families.
The statutory definition includes disabled children and children unlikely to achieve or maintain a reasonable standard of health or development without local authority services. A need for support can therefore arise without suspected abuse. Assessment should establish the child’s circumstances and the services required.
Section 47 requires local authority enquiries where there is reasonable cause to suspect that a child in the area is suffering or likely to suffer significant harm. It also applies in specified circumstances involving emergency protection orders or police protection.
The purpose is to decide what action is needed to safeguard or promote the child’s welfare. Staff raising a concern do not need to prove abuse before reporting it; government reporting guidance makes clear that a suspicion can be reported.
The Children Act 2004 followed the Victoria Climbié Inquiry and the government’s Every Child Matters proposals. Its explanatory notes describe the aims of clearer accountability, better joint working and stronger attention to safeguarding.
Two provisions are particularly relevant to how services operate in England:
- Section 10: Local authorities must arrange cooperation with relevant partners to improve children’s wellbeing. Those partners must cooperate in making the arrangements. The remit includes health, protection from harm, education and social wellbeing.
- Section 11: Specified bodies must arrange for their functions, and services they commission, to be delivered having regard to safeguarding and promoting children’s welfare. They must also have regard to relevant statutory guidance.
Children Act 2004 also amended the earlier legislation. Section 53 of the 2004 Act added requirements for local authorities to establish and consider children’s wishes and feelings when deciding on services under Section 17 or protective action under Section 47 of the 1989 Act. These duties apply so far as reasonably practicable and consistent with the child’s welfare, with consideration given to the child’s age and understanding.
A concern raised by a school, clinic or community service may lead the local authority to consider support under Section 17 or enquiries under Section 47. Effective reporting, accessible records and cooperation help the right people make those decisions.
The 2004 Act supports these connections between services. Under the current Section 16E arrangements, the statutory safeguarding partners in England are the local authority, relevant integrated care board and chief officer of police. They organise joint working with relevant agencies. These partnership provisions were introduced through later amendments to the Act.
Partners must publish their local arrangements, and safeguarding partners and relevant agencies must act in accordance with them.
Working Together to Safeguard Children explains how these responsibilities should operate. Providers should know their referral contacts, how to contribute relevant information and how to escalate unresolved concerns.
The duties depend on the organisation and the provision concerned. Local authorities have central responsibilities under both Acts, including decisions about support and protection under the 1989 Act.
Section 11 of the 2004 Act covers specified bodies, including local authorities, NHS England, integrated care boards, specified NHS trusts, policing bodies and certain youth justice, prison and probation duty holders. Its full list and qualifications matter.
Schools have additional duties under education legislation. For example, maintained school governing bodies have duties under Section 175 of the Education Act 2002. Schools and colleges must have regard to Keeping Children Safe in Education.
Charities and private providers may have responsibilities through regulation, commissioning agreements or other legislation. Charity Commission guidance also places safeguarding within trustees’ governance responsibilities. Being an employer or contractor does not automatically make an organisation a Section 11 body.
Under Section 47 of the 1989 Act, specified bodies must assist local authority enquiries when asked, including by providing relevant information and advice, unless doing so would be unreasonable in the circumstances.
The 2004 Act now contains a further information-sharing duty under Section 16LA, which commenced on 30 September 2026. It covers Section 11 bodies and designated childcare or education agencies, plus providers delivering relevant safeguarding or welfare services under arrangements with those bodies.
Broadly, they must share relevant information with another covered body where they consider it may assist the recipient’s safeguarding or welfare functions, or relevant service provision. The duty also applies to requests. An exception applies where sharing is judged more detrimental to the child than withholding the information.
The statutory information-sharing guidance explains that consent is not a prerequisite where the duty applies. Organisations should be open with children and families where safe and appropriate.
Data protection requirements still apply. Share relevant information securely, identify the lawful basis and record the decision and reasons. Sensitive information, such as health data, requires additional conditions to be met. Organisations outside Section 16LA may still share information lawfully for safeguarding purposes.
These illustrative scenarios show how duties can connect. The response should follow the child’s circumstances and applicable local procedures.
A community service learns that a disabled child’s family is struggling to access suitable support. Staff help the family contact children’s social care and provide relevant information through agreed routes.
The local authority considers the child’s needs under Section 17. Cooperation arrangements help services coordinate their contributions. The child’s own wishes and feelings should inform decisions, with suitable support to help them communicate.
A clinician identifies information suggesting that a child may be experiencing neglect. The provider’s safeguarding procedures should enable prompt advice, recording and referral. The local authority considers whether Section 47 enquiries are required.
For an NHS trust covered by Section 11, its organisational arrangements support that response. Care providers must also follow applicable sector requirements, including the Care Quality Commission’s (CQC) Regulation 13 requirements.
A local authority’s commissioned youth service receives a safeguarding allegation about a worker. Its procedure should identify reporting contacts, immediate protective steps and how concerns reach the commissioner and relevant authorities.
The authority’s Section 11 arrangements extend to the commissioned service. Concerns about significant harm may also require Section 47 enquiries. An employment investigation must not delay necessary safeguarding referrals.
Use the following checks to connect legal duties with everyday work. Adapt them to the organisation’s services, statutory responsibilities and local procedures.
- A usable policy: Explain the risks staff may encounter and what they should do. Include employees, volunteers and contractors where relevant.
- Named roles and cover: Identify senior accountability, the safeguarding lead and an alternative contact when the usual lead is unavailable.
- Reporting and escalation routes: Cover concerns about children and adults working with them, including managers. Explain how to challenge an inadequate response.
- Current referral contacts: Include children’s social care, out-of-hours contacts and the local authority designated officer for allegations about people working with children.
- Children’s views: Record the child’s words accurately and consider communication needs. Distinguish observations from assumptions or other people’s accounts.
- Suitable staff preparation: Provide role-appropriate induction, training, supervision and access to advice. Assess what staff can apply in practice.
- Safer recruitment: Check identity, references and suitability as required. Use the Disclosure and Barring Service (DBS) eligibility guidance before requesting standard, enhanced or barred-list checks.
- Records and oversight: Set secure access and retention arrangements. Agree reporting expectations with commissioned providers and review whether actions are followed through.
These checks reflect statutory and sector guidance, including CQC’s safeguarding policy guidance. For help drafting a policy, see What Should a Safeguarding Policy Include?.
If a child is in immediate danger, call 999. A safeguarding lead’s absence should not delay protective action or an appropriate referral.
No. The 2004 Act supplemented and amended the earlier legislation. The 1989 Act continues to provide key duties concerning children in need and child protection enquiries. The 2004 Act adds organisational arrangements that support this work. Both Acts should be read in their current, amended form.
Children’s welfare is central to both Acts. The 1989 Act expressly makes welfare paramount for specified court decisions concerning a child. The 2004 Act strengthens how organisations cooperate and account for children’s welfare in their work. The precise duties depend on the provision and the body concerned.
Both are provisions of the Children Act 1989. Section 17 concerns support for children in need and their families. Section 47 concerns enquiries where specified child protection circumstances arise, including reasonable suspicion of significant harm. A child receiving support may also need protective action; the processes can connect.
They do not impose an identical appointment requirement on every employer. Section 11 applies to specified bodies, while guidance and sector legislation shape particular roles. Employers working with children should identify their applicable requirements and make sure staff know who receives concerns and who provides cover.
A covered body’s Section 11 arrangements extend to services it commissions, so outsourcing does not remove responsibility for those arrangements. Contracts should clarify reporting, supervision and oversight. Providers may also have their own duties under sector legislation or the Section 16LA information-sharing duty, depending on their activities.
No. Where Section 16LA applies, and its conditions are met, parental consent is not required before sharing. Data protection requirements still apply. Staff should follow current guidance, explain sharing where safe and appropriate, and record their decisions. Consent to receive a service is a separate consideration.
Staff need preparation that matches their responsibilities, from recognising concerns to managing referrals and supporting colleagues. Human Focus’s Safeguarding Training Courses include children’s safeguarding awareness and designated safeguarding lead options.
Training supports knowledge, but a certificate alone does not establish competence. Combine learning with local induction, supervision and role-specific assessment so staff can apply the organisation’s procedures in practice.
