Relevant legislation
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Due to the Data (Use and Access) Act coming into law on 19 June 2025, this guidance is under review and may be subject to change. The Plans for new and updated guidance page will tell you about which guidance will be updated and when this will happen.
This is not an exhaustive list.
UK-wide legislation
The United Nations Convention on the Rights of the Child (UNCRC) states in article 3: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” It applies across the UK.
The Data (Use and Access) Act 2025 (DUAA) has received Royal Assent but not all of its provisions are in force at the time of publishing this guidance.
England
Children Act 1989 – relates in particular to the duties of local authorities.
Children Act 2004 – “to make provision about services provided to and for children and young people by local authorities and other persons;” – partially covers Wales. Chapter 11 of the DfE’s Working Together guidance says: “Section 11 of the Children Act 2004 places duties on a range of organisations, agencies, and individuals to ensure their functions, and any services that they contract out to others, are discharged having regard to the need to safeguard and promote the welfare of children.”
Education Act 2002: section 175 sets out duties for ensuring the welfare of children in schools of different types, and in FE colleges.
Northern Ireland
The legislative framework for Northern Ireland’s child protection system is set out in The Children (Northern Ireland) Order 1995.
The creation of the regional Safeguarding Board for Northern Ireland (SBNI) was set out in law in the Safeguarding Board Act (Northern Ireland) 2011.
The Children’s Services Co-operation Act (Northern Ireland) 2015 requires public authorities to co-operate in contributing to the wellbeing of children and young people.
Under Section 5 of the Criminal Law Act (Northern Ireland) 1967, it is an offence not to report a ‘relevant offence’ to the police. This includes offences against children.
Operation Encompass, the framework for information sharing between the police and educational institutions is set out in the Domestic Abuse Information-sharing with Schools etc. Regulations (Northern Ireland) 2022
Scotland
Part 1 of the National Guidance for Child Protection in Scotland sets out the overarching legislation covering the duties placed on services, and outlines a selection of key legislation. Appendix C also contains an outline of other legislation.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 incorporates the UNCRC into Scottish law.
Wales
Social Services and Wellbeing (Wales) Act 2014 and the related Statutory Guidance on Part 7 - Safeguarding
Law Wales – an overview of legislation relevant to safeguarding in Wales.