The
Children Act 2004
The centrepiece
of the government’s legislation for protecting children is the
Children Act 2004.
A brief look
at child care legislation in the UK over the past 100 years, which started
with a children’s charter in 1889, shows governments have made
regular attempts to improve the wellbeing of children.
But a number
of high profile child abuse cases have forced the government to take
drastic action to improve services for children.
The latest
Children Act was prompted by Lord Laming’s report into the death
of Victoria Climbié, which revealed a catalogue of errors within
the agencies the eight-year-old came into contact with.
Laming’s
inquiry found that health, police and social services missed 12 opportunities
to save the child from abuse at the hands of her great aunt Marie-Therese
Kouao and her boyfriend Carl Manning. Victoria died from hyperthermia
in 2000. There were 128 separate injuries on the child’s body.
The government’s
response marked the start of widespread reform of childcare services.
Background
to the Act
In June 2003,
Prime Minister Tony Blair made Margaret Hodge the first children's minister.
In September
that year, the government published a green paper, Every Child Matters,
which proposed an electronic tracking system for England's children
and said 150 children's trusts must be set up by 2006.
The government
also called for health, education and social services to be combined;
a children's director to oversee local services; statutory local safeguarding
children boards to replace Area Child Protection Committees; and a children's
commissioner for England.
In 2004,
the government published the Children Act, which implemented the main
proposals of the green paper.
But the final
version of the Act allowed local authorities more flexibility in organising
their children's services. Councils were also given another two years
to set up children's trusts.
Alongside
the Act, the government published Every Child Matters: Next Steps. This
gave details of the consultation response for the green paper and wider,
non-legislative processes that were taking place to safeguard children.
What
will the Act do?
The protection of children was divided into four broad areas. First,
early intervention; second, improving accountability and co-odination
of children’s services. Third, improving support for parents and
carers; and fourth, a childcare workforce strategy.
Early
intervention
A nationwide
database will keep track of England’s 11 million children. A file
will be kept on every child, with contact details of any care agency
working with that child. If a child is known to more than one agency,
a care worker will be assigned to coordinate that child’s care.
The database
will enable local authorities, the NHS and other agencies to share information
on suspected abuse or neglect in a family.
The system
hopes to identify vulnerable children more easily by also using multi
agency, community-based teams, consisting of teachers, social workers,
and other child experts.
Accountability
and co-ordination
The Act said
children’s trusts will be set up to combine education, social
services, and health. Councils must appoint a children’s director
who will take over from the chief education officer and the director
of social services. Children’s boards will replace ACPCs.
The school
watchdog Ofsted will oversee the inspection of all children’s
services. And a children’s commissioner will champion children
and ensure their needs are heard.
Supporting
parents and carers
The Act said that parents will be given more support and advice, such
as a 24-hour helpline, for looking after a family. However, those who
fail to accept support may be given parenting orders which will force
them to address problems within the family.
Workforce
strategy
The Act will do more for childcare professionals, offering rewards and
incentives to help retain and recruit staff, and offering more flexible
training options. The chief nursing officer plans to assess what more
health visitors, nurses, and midwives can do to protect children at
risk.
Controversy
The Act has been broadly welcomed by childcare agencies and charities,
although campaigners felt some areas, such as the children’s commissioner’s
role, did not go far enough. Others worried about the lack of significant
funding to back the proposed reforms and changes.
One part
of the Act that was much debated in Parliament and received plenty of
media attention was the right to smack a child.
Supporters of a ban said "battery of a child cannot be justified
in any proceedings on the grounds that it constituted reasonable punishment".
But they
agreed smacking could be used to prevent danger to a child, another
person, damage to property or a crime.
The government
managed to put through a ‘compromise’ that allowed mild
smacking of children but barred any physical punishment that caused
visible bruising or mental harm.
Backers of
a ban said the compromise was a “fudge”, while Prime Minister
Tony Blair said it was a "common sense" solution.
Children's Minister Margaret Hodge has said she would review the changes
in two years' time.
Children’s
rights campaigners suffered another blow during the final stages of
debate around the Act when they failed to strengthen the role of the
children’s commissioner.
The Act said
the commissioner would only be able to represent the views and interests
of children, rather than safeguard their rights.
Carolyne
Willow, co-ordinator of the Children's Rights Alliance for England,
said: "We're extremely depressed that in 2004 we have a government
that cannot bear to have legislation for a children's commissioner that
has any reference to safeguarding children's rights."
Human rights
campaigners have also expressed concern over the impact of the database
of children on the right to privacy.
The system
is supposed to note any warning signs such as, domestic violence or
imprisonment, allowing authorities to override the parent’s rights
if there was any cause for concern for a child’s welfare.
Campaigners
said inappropriate use of the database could undermine the Human Rights
Act.
Meanwhile
councils’ hopes of extra funding to help them implement the Act
were dashed when Hodge said local authorities should be smarter with
their money.
The Department
of Education and Skills allocated just £22.5 million in 2006-7
and £63 million in 2007-8 to help councils implement changes.
Observers
feared the limited funds meant the Act would meet the same fate as the
Children’s Act 1989, which was regarded as a sound piece of legislation
that didn’t fulfil its expectations as a result of a lack of funding.
The
bigger picture
The government has said the Children Act 2004 “will give clear
focus and a new status to children’s services but, in itself,
it is not enough”.
The Act must
be part of wider process of reform, focusing on outcomes and local programmes
set out by the 150 local authorities.
The National
Service Framework for Children, Young People and Maternity Services
is integral to this, it said.
The 10-year
NSF, to be implemented by primary care trusts, local authorities and
other partners, will contribute to the achievement of five outcomes
that will measure the impact of Act and the government’s overall
child care strategy.
The five
outcomes for children and young people are being healthy; staying safe;
enjoying and achieving; making a positive contribution; and achieving
economic well-being.
The government
said: “Our ambition is to improve those outcomes for all children
and to narrow the gap in outcomes between those who do well and those
who do not”.
