What Is The Children and Families Act 2014?

The Children and Families Act 2014 is a wide-ranging piece of legislation in the UK which became law on 14 March 2014. It is aimed at improving the welfare and wellbeing of children, young people, young carers, people with special educational needs and their families.

The act has implications for adoption, family disputes, children with special educational needs and disabilities, child welfare and young carers.

The reforms to family justice are some of the most noteworthy in the act. Specifically, the act provides that after separation or divorce, both parents should be involved in the lives of their children.

This is determined by way of a ‘child arrangement order’, setting out who the child shall ‘live with’ and when and who the child shall ‘spend time with’.

Understanding The Children and Families Act 2014: Key Points

The Children and Families Act 2014 has nine parts, which can be grouped into five areas: adoption, family justice, special educational needs, child welfare and rights to leave and pay.

Adoption (part 1)

• Adoption process streamlined, minimising delays

• ‘Fostering for adoption’ promoted: approved adopters can foster during the wait for court approval

• Adoption agencies no longer have to search for an ethnic match between adopters and children

• Potential adopters can access an adoption register and search themselves, with the aim of removing delays

• Adoptive parents get the same rights to leave and pay as birth parents

• Support services introduced for adoptive families

Family justice (part 2)

• Courts are required to take the view that both parents should be involved in the lives of the child after separation, if it is safe and in the best interest of the child.

  • Note: At the time of writing (March 2026), the government has indicated that this presumption that the involvement of a parent in a child’s life, subject to any evidence to the contrary, will benefit the child, is to be repealed. Decisions as to arrangements for children will therefore focus solely on the welfare of the child in conjunction with the ‘welfare checklist’.

• Old ‘contact and residence orders’ are replaced with a single order – a ‘child arrangement order’. This sets out who the child is to ‘live with’ and when and who the child shall ‘spend time with’

• The importance of family mediation and out-of-court resolutions in family disputes and family courts in safeguarding children is emphasised

• A 26-week time limit for care proceedings, or eight weeks in exceptional cases

• The aim of the act is to promote shared parenting wherever possible and ensure that both parents work together in the upbringing of their children. It also aims to improve services for vulnerable children and families.

• The welfare of children remains a priority and the judge will use ‘the welfare checklist’ to determine the individual arrangements for each child.

Special education needs and disabilities (part 3)

• Children and young people with special educational needs and disabilities (SEND), as well as their families, must be involved by local authorities in discussions and decisions about care and education

• A Education, Health and Care (EHC) plan replaces the older system of statements and learning difficulty assessments

• This EHC plan supports young people with SEND up to 25 years of age

• Children, young people and families have the right to a personal budget

• Local services and support must be available to read in a clear, easy-to-read way

• Commissioning and planning of services run jointly by health services and local authorities

Child welfare (parts 4, 5, 6)

• Establishes and registers childminder agencies: these are responsible for monitoring and improving the quality of childcare delivered by registered providers

• ‘Stay put’ arrangements are formalised: this enables children to remain with foster families until 21 if they wish

• Councils are required to inform young people and parent carers of the support they can receive

• Free school lunches for all children in reception, year 1 and year 2 at state schools

• Measures to improve quality of care provided by children’s residential homes

• The role of the Children’s Commissioner, initially established in 2005, was improved to include promoting and protecting rights of children.

Working rights, leave and pay (parts 7, 8, 9)

• Mothers, fathers and adopters can share parental leave for a birth or child placement, if they wish

• Rights to unpaid leave for fathers or a mother’s partner when attending antenatal appointments

• Would-be adoptive parents have a right to unpaid time off to attend pre-placement meetings

• Parents and carers can apply for flexible working hours

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