Definitions of a child
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, a majority is attained earlier”.
England
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:
- living independently
- in further education
- a member of the armed forces
- in hospital; or
- in custody in the secure estate, they are still legally children and should be given the same protection and entitlements as any other child (Department for Education, 2018a).
Northern Ireland
In Northern Ireland, The Children (Northern Ireland) Order 1995 defines a ‘child’ as a person under the age of 18.
Scotland
In Scotland, a child legally becomes an adult when they turn 16, 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 concerns are raised about a 16- or 17-year-old, agencies will need to consider which legislation or guidance is appropriate to follow, given the age and situation of the young person at risk. Paragraph 21 of the National guidance for child protection in Scotland explains how professionals should act to protect young people from harm in different circumstances (Scottish Government, 2014).
Wales
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
Children’s rights are protected by law internationally and within the UK.
UK law aims to protect the right of children and ensures (but is not limited to) the following:
- Allowing children’s voices to be heard
- Allowing access to education
- Ensuring a stable and safe environment at home and school
- Outlining safety measures if a child decides to work
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