Across the UK there are many laws which aim to keep children safe and protect their rights. These laws:
We've put together an overview of the key legislation in these areas, to help people who work with children.
The United Nations Convention on the Rights of the Child (UNCRC) defines a child as everyone under 18 unless, "under the law applicable to the child, majority is attained earlier".
In England, a child is defined as anyone who has not yet reached their 18th birthday. Child protection guidance points out that even if a child has reached 16 years of age and is:
they are still legally children and should be given the same protection and entitlements as any other child (Department for Education, 2023).
In Northern Ireland, The Children (Northern Ireland) Order 1995 defines a 'child' as a person under the age of 18.
In Scotland, the definition of a child varies in different legal contexts, but statutory guidance which supports the Children and Young People (Scotland) Act 2014, includes all children and young people up to the age of 18.
Where a young person between the age of 16 and 18 requires support and protection, services will need to consider which legal framework best fits each persons’ needs and circumstances. The National guidance for child protection in Scotland gives more detail about this and explains how professionals should act to protect young people from harm in different circumstances (Scottish Government, 2023a).
Section 3 of the Social Services and Well-being (Wales) Act 2014 states that a child is a person who is aged under 18.
Children’s rights are protected by law internationally and within the UK.
Some rights are recognised at international level through agreements between governments. The UK has signed up to the United Nations Convention on the Rights of the Child (UNCRC) and the European Convention on Human Rights (ECHR) (PDF), both of which set out a number of children’s rights.
The UN Convention on the Rights of the Child (UNCRC) sets out the rights of every child in the world to:
It sets standards for education, health care, social services and penal laws, and establishes the right of children to have a say in decisions that affect them.
(Office of the United Nations High Commissioner for Human Rights (OHCHR), 1989).
Children’s rights must be respected and protected online as well as offline (OHCHR, 2021). The UK signed this convention in 1990. The Rights of Children and Young Persons (Wales) Measure 2011 ensures that children’s rights are included in all legislation and policy making in Wales (Welsh Government, 2019).
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act incorporates the UNCRC into Scottish law. Public authority work that comes under the Acts of Scottish Parliament or under common law powers will have to comply with UNCRC requirements. All provisions will come in to force within 6 months of the Act receiving Royal Assent on the 16 January 2024 (Scottish Government 2023b).
The 1950 European Convention on Human Rights (ECHR) (PDF) is an international treaty which gives a set of rights to both adults and children. The Human Rights Act 1998 made most of the ECHR UK law. This means that children can complain to a UK court if their rights have been broken, and if the claim is rejected, take their claim to the European Court of Human Rights.
Rights set out in the convention include:
The Human Rights Act 1998 sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It incorporates the rights set out in the European Convention on Human Rights (ECHR) (PDF) into domestic British law. The Human Rights Act came into force in the UK in October 2000.
The Equality Act 2010 protects children, young people and adults against discrimination, harassment and victimisation in relation to housing, education, clubs, the provision of services and work. The Act applies to England, Scotland and Wales.
Northern Ireland has a number of different anti-discrimination laws relating to the provision of services.
Each of the four nations in the UK has a Children's Commissioner who is responsible for promoting and protecting the rights and best interests of children and young people:
When practitioners are trying to decide whether a child is mature enough to make decisions about things that affect them, they often talk about whether the child is 'Gillick competent' or whether they meet the 'Fraser guidelines'.
Both Gillick competency and Fraser guidelines refer to a legal case from the 1980s which looked at whether doctors should be able to give contraceptive advice or treatment to under-16-year-old girls without parental consent.
Since then, the Fraser guidelines still apply to advice and treatment about contraception and sexual health. But Gillick competency is often used in a wider context to help assess whether a child has the maturity to make their own decisions and to understand the implications of those decisions.
Gillick v West Norfolk and Wisbech Area Health Authority went to the House of Lords and is often used as a legal precedent across the UK. In Scotland, the Age of Legal Capacity (Scotland) Act 1991 sets out when a person under the age of 16 has the legal capacity to make decisions.
School leaving age varies across the UK.
In England, pupils can leave school on the last Friday in June if they’ll be 16 by the end of the summer holidays.
Young people must then do one of the following until they're 18:
In Northern Ireland, if a pupil turns 16 during the school year (between 1 September and 1 July) they can leave school after 30 June of that year.
If a pupil turns 16 between 2 July and 31 August they can’t leave school until 30 June the following year (Gov.uk, 2021a).
In Scotland, if a pupil turns 16 between 1 March and 30 September they can leave school after 31 May of that year.
If a pupil turns 16 between 1 October and the end of February they can leave at the start of the Christmas holidays in that school year (Gov.uk, 2021a).
In Wales pupils can leave school on the last Friday in June, as long as they'll be 16 by the end of that school year’s summer holidays (Gov.uk, 2021a).
As young people get older they may start to think about moving out and living independently, for various reasons. They may:
In some cases parents may ask their children to leave the home, for example for financial reasons or a breakdown in relationships.
If a child under 16 is made to leave or doesn't feel safe in their home, local children's services can help.
Children's services should provide a family with support so that the child doesn’t have to leave home. But if it’s in the child's best interests to live somewhere else, they can arrange for them to live with another family member or friend, or provide emergency accommodation, such as a foster placement.
A child or young person aged 16 or 17 should contact their local children's services team if they are considering leaving home. Children's services should discuss the matter with them to see what support they need. Children's services may be able to work with the family to enable the young person to stay at home, or arrange alternative accommodation such as with another family member or friend. But they should also respect the child's wishes about where they want to live.
A child or young person may be considered homeless when their home is not suitable or they do not have the right to stay where they live. For example they may be living somewhere that is dangerous or overcrowded.
A homeless child is entitled to accommodation from their local authority children's services, regardless of their nationality or immigration status.
In England, certain public authorities (including child protection services) have a duty to refer service users who are homeless or at risk of homelessness to a housing authority. They must get consent from the individual service user to do this, and allow the service user to choose which housing authority the referral is made to (DfE, 2023).
Statutory guidance for supporting homeless 16- and 17-year-olds is set out in Prevention of homelessness and provision of accommodation for 16 and 17 year old young people who may be homeless and/or require accommodation (PDF) (Ministry of Housing, Communities and Local Government, 2018).
In Northern Ireland, Health and Social Care Trusts have a duty under The Children (Northern Ireland) Order 1995 to provide services for persons under 18 who are children in need (Housing Executive, 2022).
In Scotland, local authorities have a duty under The Children (Scotland) Act 1995 to provide accommodation for any child who is homeless because:
The local authority also has the power to provide accommodation for any child in their area to safeguard or promote their welfare.
16- to 17-year-olds can also apply to their local authority as a homeless adult. All non-intentionally homeless people are entitled to permanent accommodation. Scotland’s Homelessness: code of guidance (Scottish Government, 2019) states that a young person who has left their parents’ home due to a “clash of lifestyles” should not automatically be considered intentionally homeless. Equal weight should be given to both the young person's views and the views of the parents.
In Wales statutory guidance for homeless 16- and 17-year-olds is Provision of accommodation for 16 and 17 year old young people who may be homeless (PDF) (Welsh Government, 2010).
If a child or young person wants to live independently it's important to consider their ability to support themselves financially. They may not be in a position to put down a deposit on a property, pay rent and bills, or buy food.
In England, Northern Ireland and Wales, young people are not legally entitled to have a tenancy agreement to rent a property in their own name until they are 18. In Scotland this is possible from 16.
Universal Credit is available for those aged 18 or over who are on a low income or are unemployed. In some circumstances 16- and 17-year-olds are also able to claim Universal Credit (Gov.uk, 2022).
The local Citizen's Advice Bureau can help work out what support a child is entitled to. More information is also available from Jobcentre Plus in England, Scotland and Wales or the Jobs & Benefits office in Northern Ireland.
If a child or young person needs confidential help and advice direct them to Childline. Calls to 0800 1111 are free and children can also contact Childline online or read about homelessness on the Childline website. You can also download Childline posters.
In all nations of the UK, children leaving care at 18 are entitled to support from their local authority until they are at least 21.
Young people who have their own children are entitled to support. The local children's services or the Citizen's Advice Bureau can advise about what help is available.
The youngest age a child can work part-time is 13, except for children involved in specific areas such as television, theatre or modelling (Gov.uk, 2021b). Children working in these areas will need a performance licence.
Children can only start working full-time once they've reached the minimum school leaving age – after this they can work up to 40 hours per week (Gov.uk, 2021b). In England, a young person must be in part-time education or training until they're 18 (Gov.uk, 2021a).
Young people can work as apprentices from the age of 16. Apprentices are paid a salary for their work and also pay tax and national insurance.
More information about apprenticeships is available from:
Some local areas also offer a junior apprenticeship scheme for 14- to 16-year-olds, which enables students to spend part of their week in school and/or college, and part of their week at work.
To help keep children safe and protect their rights, there are laws governing what kinds of work they can do, how they are paid, and when they can work. An employer can be prosecuted for breaking these laws.
In most cases, businesses intending to employ school-aged children need to apply to their local authority for a child employment permit before the child can start work.
Children are only allowed to work:
The local authority won’t allow a child to do any job they think may be harmful to them.
Local bylaws may also restrict the kind of work children can do (Gov.uk, 2021b).
Employers have a responsibility to keep all the children they work with safe. This includes providing a safe environment and making sure they are doing a job which is suitable for their physical and psychological capabilities.
Employers must carry out a risk assessment before a child starts work, and take measures to reduce any risks identified. In most cases, if the child is below school leaving age, the employer must inform the child's parents about the results of the risk assessment.
The Health and Safety Executive (HSE) provides guidance on health and safety considerations for young people in the workplace (HSE, 2021a).
Although there is no law in the UK saying how old a babysitter should be, we recommend they should be at least 16.
Child care establishments like nurseries, crèches, and out-of-school clubs are heavily regulated to ensure that children in their care are safe.
In general, only people aged 18 or over should be included as adults when calculating adult to child ratios.
If over-16-year-olds are doing work that is classed as "regulated activity" they need to have a criminal records check.
The Department for Education (DfE) has published non-statutory advice for everyone involved in the planning or delivery of 16 to 19 study programmes, which includes best practice information about work experience placements (DfE, 2021).
The HSE have published information on their website for employers who have young people doing work experience with them (HSE, 2021b).
References
This is the same regardless of the person's gender identity, sexual identity and whether the sexual activity is between people of the same or different gender.
Sexual activity involving a child under the age of 16 should be considered a potential safeguarding concern. Professionals who are aware of sexual activity involving a child aged under 16, should follow their organisational, local, and national procedures when deciding whether to make a safeguarding referral. Sexual activity involving a child under the age of 13 should always result in a child protection referral.
It’s important to have open, honest and age-appropriate conversations with children with about the law, consent and healthy relationships.
The law is there to protect children from abuse or exploitation. It is not designed to unnecessarily criminalise children.
Legislation in all four nations makes a distinction between sexual activity involving 13- to 15-year-olds and sexual activity involving an under-13-year-old. It also treats sexual offences by children under the age of 18 in England, Wales and Northern Ireland, and children under the age of 16 in Scotland, differently to those perpetrated by older people (Sexual Offences Act 2003; Sexual Offences (Northern Ireland) Order 2008; Sexual Offences (Scotland) Act 2009; Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005).
Guidance across the UK makes it clear that sexual activity between children who are close in age and understanding should not automatically result in prosecution. Instead, a range of factors should be considered to determine whether it would be in the public interest (Crown Prosecution Service (CPS), 2021; Public Prosecution Service for Northern Ireland, 2021; Lord Advocate, 2022). These include:
Although children over the age of 16 can legally consent to sexual activity, they may still be vulnerable to harm through an abusive sexual relationship. Practitioners should assess and address their safety and wellbeing in line with safeguarding procedures.
The law gives extra protection to all under-18-year-olds, regardless of whether or not they are over the age of consent. It is illegal:
In England and Wales the minimum age of marriage is 18 under the Marriage and Civil Partnership (Minimum Age) Act 2022. Under no circumstances can anyone under the age of 18 in England or Wales marry, including if they travel to another UK country where the minimum age is 16 (Ministry of Justice, 2022a).
The law in Northern Ireland (Age of Marriage Act 1951) states a person must be at least 16 years of age on the day of their marriage. If they are under 18 then permission is needed from their parent or guardian, or they need a court order (NIdirect, n.d.).
In Scotland, under the Marriage (Scotland) Act 1977 the legal age of marriage is 16 and no parental or guardian consent is required.
Child marriage is a form of forced marriage, and is recognised across the UK as a form of child abuse (Ministry of Justice, 2022b; NIdirect, n.d.; Scottish Government, 2014).
In all four UK nations any marriage arranged through use of violence, threat or coercion is illegal; regardless of the age of the people involved.
England, Scotland and Wales recognise forced marriage as a criminal offence under the Anti-social Behaviour, Crime and Policing Act 2014. For Northern Ireland it is the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015.
The age of criminal responsibility in England, Wales and Northern Ireland is 10-years-old (Crime and Disorder Act 1998, Criminal Justice (Northern Ireland) Order 1998). The age of criminal responsibility in Scotland is 12-years-old (Age of Criminal Responsibility (Scotland) Act 2019).
In England and Wales children between 10 and 17 can be arrested and taken to court if they commit a crime. They are treated differently from adults:
In England and Wales, children under 10 cannot be charged with committing a criminal offence. However, they can be given a:
Children under 10 who break the law regularly can sometimes be taken into care, or their parents could be held responsible (Crime and Disorder Act 1998).
Young people aged 18-25 are treated as an adult by the law in England and Wales. However, if they're sent to prison, they'll be sent to a special centre for 18- to 25-year-olds, not an adult prison (Crime and Disorder Act 1998).
In Northern Ireland, the age of criminal responsibility is 10-years-old (Criminal Justice (Northern Ireland) Order 1998).
Children between the ages of 10 and 17 can be arrested if they commit a crime but are treated differently from adults.
First- or second-time minor offences or anti-social behaviour by young people can be dealt with outside the court system. Alternatives include being given a formal reprimand by the police, or attending a restorative justice scheme.
For repeat or more serious offences, young people can be sent to court. Cases are usually heard in a youth court, although for the most serious cases young people may have to appear in a Crown Court. If a custodial sentence is given they will be sent to a secure facility for young people, rather than an adult prison (Criminal Justice (Northern Ireland) Order 1998).
In Scotland, the age of criminal responsibility is 12 (Age of Criminal Responsibility (Scotland) Act 2019).
Children aged 12 to 16 can be taken to court but only for serious crimes. Most offences committed by children of this age will be dealt with by early intervention (like a warning or help from a support organisation) or the children's hearings system (Criminal Procedure (Scotland) Act 1995).
The General Data Protection Regulation (GDPR) came in to force on 25 May 2018. It is an EU law that sets out guidelines for the collection and processing of personal information and aims to give individuals more rights over how their data is used. GDPR is incorporated into the UK's Data Protection Act 2018.
The GDPR explicitly states that children's personal data merits specific protection. It also introduces new requirements for the online processing of a child's personal data.
Children have the same rights as adults over their personal data. These include the right to:
A child may exercise these rights on their own behalf as long as they are competent to do so. In Scotland, a person aged 12 or over is presumed to be of sufficient age and maturity to be able to exercise their data protection rights. In England and Wales and Northern Ireland, competence is assessed depending upon the level of understanding of the child.
Even if a child is too young to understand the implications of their rights, they are still their rights, rather than anyone else's such as a parent or guardian (Information Commissioners Office, 2021a).
The provisions of GDPR help children to keep themselves safe online by giving them more control over the information they share.
GDPR gives children the 'right to erasure'. This means they can request online platforms to remove their personal data, including pictures, text or status updates.
If a child has shared any material online that they no longer wish anyone to see, they have a legal right to get this material removed, even if the content was posted by someone else.
Apps, sites and games must make it clear to users how and why they are using data.
Under this law, children must be at least 13-years-old to provide consent for an information society service (ISS) to process their personal data. Parents must provide consent if the child is under 13 (Information Commissioner’s Office, 2021b). An ISS is an online service that is typically commercial and provided on request, for example social media platforms, apps, connected toys and devices, and search engines (Information Commissioner’s Office, 2021c).
GDPR emphasises the importance of asking children for consent before sharing personal information.
If a child is mature enough you should give them the opportunity to decide whether they agree to their confidential information being shared. If a child doesn't have the capacity to make their own decisions, you should ask their parent or carer (unless this would put the child at risk).
However, if you have a child protection concern, you must share information with the relevant agencies, even if you haven’t been given consent. GDPR does not affect this principle.
The Information Commissioner’s Office (ICO) have a 10-step guide to sharing information to safeguard children with advice on data protection as part of the child protection and safeguarding process (ICO, 2023).
Children and Young People's Commissioner Scotland (2021) About the Commissioner. [Accessed 13/11/2023].
Children’s Commissioner for England (2021) The Children's Commissioner for England. [Accessed 13/11/2023].
Children’s Commissioner for Wales (2021) About us. [Accessed 13/11/2023].
Council of Europe (2018) European Convention on Human Rights (PDF). Strasbourg: Council of Europe.
Department for Education (2023) 16 to 19 study programmes: guidance. [Accessed 13/11/2023].
Gov.uk (2021a) School leaving age. [Accessed 13/11/2023].
Gov.uk (2021b) Child employment. [Accessed 13/11/2023].
Gov.uk (2022) Universal credit. [Accessed 15/11/2023].
Health and Safety Executive (HSE) (n.d.) Young people at work - the law. [Accessed 13/11/2023].
Health and Safety Executive (HSE) (2021b) Young people at work - work experience. [Accessed 13/11/2023].
Information Commissioners Office (2021a) What rights do children have? [Accessed 13/11/2023].
Information Commissioner’s Office (2021b) Children and the GDPR [Accessed 13/11/2023].
Information Commissioner’s Office (2021c) Age appropriate design code [Accessed 13/11/2023].
Northern Ireland Commissioner for Children and Young People (NICCY) (2018) The Commissioner. [Accessed: 13/11/2023].
Office of the United Nations High Commissioner for Human Rights (OHCHR) (1989) Convention on the Rights of the Child. Geneva: OHCHR.
Office of the United Nations High Commissioner for Human Rights (OHCHR) (2021) General comment No. 25 (2021) on children’s rights in relation to the digital environment. Geneva: OHCHR.
Public Prosecution Service for Northern Ireland (2021) Guidelines for the prosecution of young people. [Accessed: 13/11/2023].
Scottish Government (2019) Homelessness: code of guidance. [Accessed 13/11/2023].
Scottish Government (2023b) Advancing children’s rights in law. [Accessed 10/01/2024].
Welsh Government (2019) Children’s rights in Wales. [Accessed: 13/11/2023].
For further reading about children's rights, search the NSPCC Library catalogue using the keyword "children's rights".
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