Children Act 2004

• Citation: 2004 c. 31
• Sections: 155

Section 1 Establishment

(1) There is to be an office of Children’s Commissioner.

(2) Schedule 1 has effect with respect to the Children’s Commissioner.

Section 2 Primary function: children's rights, views and interests

(1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England.

(2) The primary function includes promoting awareness of the views and interests of children in England.

(3) In the discharge of the primary function the Children's Commissioner may, in particular—

(a) advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children;

(b) encourage such persons to take account of the views and interests of children;

(c) advise the Secretary of State on the rights, views and interests of children;

(d) consider the potential effect on the rights of children of government policy proposals and government proposals for legislation;

(e) bring any matter to the attention of either House of Parliament;

(f) investigate the availability and effectiveness of complaints procedures so far as relating to children;

(g) investigate the availability and effectiveness of advocacy services for children;

(h) investigate any other matter relating to the rights or interests of children;

(i) monitor the implementation in England of the United Nations Convention on the Rights of the Child;

(j) publish a report on any matter considered or investigated under this section.

(4) In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed.

(5) The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function.

Section 2A United Nations Convention on the Rights of the Child

(1) The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter).

(2) The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.

Section 2B Involving children in the discharge of the primary function

(1) The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function.

(2) The Commissioner must in particular take reasonable steps to—

(a) ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and

(b) consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function.

(3) The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.

Section 2C Primary function: reports

(1) This section applies where the Children's Commissioner publishes a report in the discharge of the primary function.

(2) The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children).

(3) Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

Section 2D Provision of advice and assistance to certain children in England

(1) The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care).

(2) The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is—

(a) providing the child with accommodation or services, or

(b) otherwise exercising functions in relation to the child.

Section 2E Powers to enter premises to conduct interviews or observe standards

(1) This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D.

(2) The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling—

(a) for the purpose of interviewing a child, or

(b) for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there.

(3) An interview of a child under subsection (2)(a) may be conducted in private, if the child consents.

(4) A person who enters premises under subsection (1) may interview any person present on the premises who works there.

(5) It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment.

Section 2F Provision of information to Commissioner

(1) Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D.

(2) The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner.

Section 3 Inquiries initiated by Commissioner

(1) Where the Children’s Commissioner considers that the case of an individual child in England raises issues of public policy of relevance to other children, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(2) The Children’s Commissioner may only conduct an inquiry under this section if he is satisfied that the inquiry would not duplicate work that is the function of another person (having consulted such persons as he considers appropriate).

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(4) The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private.

(5) As soon as possible after completing an inquiry under this section the Children’s Commissioner must—

(a) publish a report containing his recommendations; and

(b) send a copy to the Secretary of State.

(6) The report need not identify any individual child if the Children’s Commissioner considers that it would be undesirable for the identity of the child to be made public.

(7) Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions of a public nature , he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

(8) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) apply for the purposes of an inquiry held under this section with the substitution for references to the person appointed to hold the inquiry of references to the Children’s Commissioner.

Section 4 Other inquiries held by Commissioner

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Section 5 Functions of Commissioner in Wales

(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Wales , except in so far as relating to any matter falling within the remit of the Children’s Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14).

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000, ” ,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,

(c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Children’s Commissioner for Wales.

(4) Where the Children’s Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (8) of section 3 apply in relation to an inquiry under subsection (4) above.

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Section 6 Functions of Commissioner in Scotland

(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters .

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ” ,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,

(c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.

(4) Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6) Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

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(10) In this section, “ reserved matter ” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).

Section 7 Functions of Commissioner in Northern Ireland

(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters .

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ” ,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,

(c) section 2E(1) has effect as if “and the function under section 2D” were omitted, and

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People for Northern Ireland.

(4) Where the Children’s Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6) Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 ( S.I. 1972/1265 (N.I.14)) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

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(10) In this section, “ excepted matter ” has the same meaning as in the Northern Ireland Act 1998 (c. 47).

Section 7A Advisory board

(1) The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions.

(2) The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions.

(3) The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board.

Section 7B Business plans

(1) The Children's Commissioner must publish a business plan which sets out, in relation to the discharge of the Commissioner's functions—

(a) the Commissioner's proposed main activities for the period covered by the plan (including the matters he or she intends to consider or investigate), and

(b) the Commissioner's proposed strategic priorities for that period.

(2) A business plan must cover a period of at least 12 months beginning with the date of publication.

(3) The Commissioner must publish a new business plan before the end of the period covered by the preceding business plan.

(4) Before publishing a business plan under this section, the Children's Commissioner must—

(a) take reasonable steps to consult children,

(b) consult persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions, and

(c) consult such other persons as the Commissioner thinks appropriate.

(5) The Children's Commissioner must for the purposes of subsection (4)(a) have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.

Section 8 Annual reports

(1) As soon as possible after the end of each financial year the Children’s Commissioner must make a report on—

(a) the way in which he has discharged his functions ...; and

(b) what he has found in the course of exercising those functions during the year; . . .

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(2) The Children’s Commissioner must in particular under subsection (1)(a) include —

(a) a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children,

(b) an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care),

(c) an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and

(d) a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions.

(3) Where the Children’s Commissioner makes a report under this section—

(a) he must send a copy to the Secretary of State; and

(b) the Commissioner must as soon as possible lay a copy before each House of Parliament.

(4) The Children’s Commissioner must publish a report under this section as soon as possible after laying it before each House of Parliament.

(5) If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children.

(6) In this section, “ financial year ” has the same meaning as in paragraph 8 of Schedule 1.

Section 8A Children in England living away from home or receiving social care

(1) For the purposes of this Part, a child is within this section if he or she is within any of subsections (2) to (5).

(2) A child is within this subsection if he or she is provided with accommodation by a school or college in England to which section 87(1) of the Children Act 1989 applies.

(3) A child is within this subsection if he or she is accommodated in an establishment (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.

(4) A child is within this subsection if functions are being exercised in relation to him or her by an agency (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.

(5) A child is within this subsection if a local authority in England exercises social services functions (within the meaning of the Local Authority Social Services Act 1970) in relation to him or her.

(6) For the purposes of this Part, a person who is not a child is to be treated as a child who is within this section if—

(a) he or she is aged 18 or over and under 25, and

(b) a local authority in England has provided services to him or her under any of sections 23C to 24D of the Children Act 1989 at any time after he or she reached the age of 16.

Section 9 Commissioner's functions in relation to certain young people

(1) This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A).

(2) For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18—

(a) a person aged 18 or over for whom an EHC plan is maintained by a local authority,

(b) a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or

(c) a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16.

(3) For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25—

(a) who has a learning disability,

(b) who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or

(c) to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16.

(4) For the purposes of this section—

“ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);

“ learning disability ” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;

a person is “looked after by a local authority” if—

for the purposes of the Social Services and Well-being (Wales) Act 2014 , he or she is looked after by a local authority in Wales;

for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland;

for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.

Section 9A Targets for safeguarding and promoting the welfare of children

(1) The Secretary of State may, in accordance with regulations, set safeguarding targets for a local authority in England.

(2) The regulations may, in particular—

(a) make provision about matters by reference to which safeguarding targets may, or must, be set;

(b) make provision about periods to which safeguarding targets may, or must, relate;

(c) make provision about the procedure for setting safeguarding targets;

(d) specify requirements with which a local authority in England must comply in connection with the setting of safeguarding targets.

(3) In exercising their functions, a local authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.

(4) “ Safeguarding targets ”, in relation to a local authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.

Section 10 Co-operation to improve well-being

(1) Each local authority in England must make arrangements to promote co-operation between—

(a) the authority;

(b) each of the authority’s relevant partners; and

(c) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.

(2) The arrangements are to be made with a view to improving the well-being of children in the authority’s area so far as relating to—

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) the contribution made by them to society;

(e) social and economic well-being.

(3) In making arrangements under this section a local authority in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

(4) For the purposes of this section each of the following is a relevant partner of a local authority in England—

(a) where the authority is a county council for an area for which there is also a district council, the district council;

(b) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority ;

(c) a local probation board for an area any part of which falls within the area of the authority;

(ca) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(cb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;

(d) a youth offending team for an area any part of which falls within the area of the authority;

(da) NHS England ;

(db) any integrated care board for an area any part of which falls within the area of the authority;

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(f) a person providing services in pursuance of section 68 of the Education and Skills Act 2008 in any part of the area of the authority;

(fa) the governing body of a maintained school that is maintained by the authority . . . ;

(fb) the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;

(fc) the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;

(fd) the governing body of an institution within the further education sector the main site of which is situated in the authority's area;

(fe) the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.

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(5) The relevant partners of a local authority in England must co-operate with the authority in the making of arrangements under this section.

(5A) For the purposes of arrangements under this section a relevant person or body may—

(a) provide staff, goods, services, accommodation or other resources to another relevant person or body;

(b) make contributions to a fund out of which relevant payments may be made.

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(8) A local authority in England and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Secretary of State.

(9) Arrangements under this section may include arrangements relating to—

(a) persons aged 18 and 19;

(b) persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989 (c. 41);

(c) persons over the age of 19 but under the age of 25 —

(i) for whom an EHC plan is maintained, or

(ii) who have a learning difficulty or disability , within the meaning of section 15ZA(6) and (7) of the Education Act 1996 , and are receiving services under section 15ZA of the Education Act 1996 or section . . . 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009

(10) In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a local authority , the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.

(11) In this section—

“ governing body ”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;

“ institution within the further education sector ” has the meaning given by section 4(3) of the Education Act 1996;

“ maintained school ” has the meaning given by section 39(1) of the Education Act 2002;

“ proprietor ”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;

“ relevant payment ”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;

“ relevant person or body ” means—

a local authority in England;

a relevant partner of a local authority in England.

Section 11 Arrangements to safeguard and promote welfare

(1) This section applies to each of the following—

(a) a local authority in England;

(b) a district council which is not such an authority;

(ba) NHS England ;

(bb) an integrated care board;

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(d) a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section;

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(f) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

(g) an NHS foundation trust;

(h) the local policing body and chief officer of police for a police area in England;

(i) the British Transport Police Authority, so far as exercising functions in relation to England;

(ia) the National Crime Agency;

(j) a local probation board for an area in England;

(ja) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(k) a youth offending team for an area in England;

(l) the governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director);

(la) the principal of a secure college in England;

(m) any person to the extent that he is providing services in pursuance of section 74 of the Education and Skills Act 2008 .

(2) Each person and body to whom this section applies must make arrangements for ensuring that—

(a) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3) In the case of a local authority in England, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4) Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.

Section 12 Information databases

(1) The Secretary of State may for the purpose of arrangements under section 10 or 11 above or under section 175 of the Education Act 2002—

(a) by regulations require local authorities in England to establish and operate databases containing information in respect of persons to whom such arrangements relate;

(b) himself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.

(2) The Secretary of State may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.

(3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.

(4) The information referred to in subsection (3) is information of the following descriptions in relation to a person—

(a) his name, address, gender and date of birth;

(b) a number identifying him;

(c) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;

(d) details of any education being received by him (including the name and contact details of any educational institution attended by him);

(e) the name and contact details of any person providing primary medical services in relation to him under the National Health Service Act 2006 ;

(f) the name and contact details of any person providing to him services of such description as the Secretary of State may by regulations specify;

(g) information as to the existence of any cause for concern in relation to him;

(h) information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify.

(5) The Secretary of State may by regulations make provision in relation to the establishment and operation of any database or databases under this section.

(6) Regulations under subsection (5) may in particular make provision—

(a) as to the information which must or may be contained in any database under this section (subject to subsection (3));

(b) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;

(c) permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;

(d) permitting or requiring the disclosure of information included in any such database;

(e) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;

(f) as to the conditions on which such access must or may be given;

(g) as to the length of time for which information must or may be retained;

(h) as to procedures for ensuring the accuracy of information included in any such database;

(i) in a case where a database is established by virtue of subsection (1)(b), requiring children’s services authorities in England to participate in the operation of the database.

(7) The persons and bodies referred to in subsection (6)(b) are—

(a) the persons and bodies specified in section 11(1);

(b) the Learning and Skills Council for England;

(c) the governing body of a maintained school in England (within the meaning of section 175 of the Education Act 2002 (c. 32));

(d) the governing body of an institution in England within the further education sector (within the meaning of that section);

(e) the proprietor of an independent school in England (within the meaning of the Education Act 1996 (c. 56));

(ea) the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act);

(f) a person or body of such other description as the Secretary of State may by regulations specify.

(8) The persons and bodies referred to in subsection (6)(c) are—

(a) a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);

(b) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;

(c) the Commissioners of Inland Revenue;

(ca) a private registered provider of social housing;

(d) a registered social landlord;

(e) a person or body of such other description as the Secretary of State may by regulations specify.

(9) The Secretary of State may provide information for inclusion in a database under this section.

(10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.

(11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.

(12) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person or body by the Secretary of State.

(13) Guidance or directions under subsection (12) may in particular relate to—

(a) the management of a database under this section;

(b) the technical specifications for any such database;

(c) the security of any such database;

(d) the transfer and comparison of information between databases under this section;

(e) the giving of advice in relation to rights under the data protection legislation .

(14) In this section, “ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Section 12A Establishment of CTBs

(1) Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.

(2) A Children's Trust Board must include a representative of each of the following—

(a) the establishing authority;

(b) each of the establishing authority's relevant partners (subject to subsection (4)).

(3) A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.

(4) A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.

(5) Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).

(6) Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.

(7) For the purposes of this section and sections 12B and 12C—

(a) “ the establishing authority ”, in relation to a Children's Trust Board, is the local authority that establishes the Board;

(b) a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10

otherwise than by virtue of section 10(4)(da) or (db)

Section 12B Functions and procedures of CTBs

(1) The functions of a Children's Trust Board are—

(a) those conferred by or under section 17 or 17A (children and young people's plans);

(b) any further functions conferred by regulations made by the Secretary of State.

(2) Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.

(3) In subsection (2) “ well-being ” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).

(4) A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—

(a) the procedures to be followed by it;

(b) the exercise of its functions.

(5) In this section “ relevant young persons ” means persons, other than children, in relation to whom arrangements under section 10 may be made.

Section 12C Funding of CTBs

(1) The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—

(a) by making the payments directly; or

(b) by contributing to a fund out of which the payments may be made.

(2) The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.

(3) Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.

(4) A pooled fund is a fund—

(a) which is made up of contributions by the Boards concerned, and

(b) out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.

Section 12D Supply of information to CTBs

(1) A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.

(2) Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.

(3) Information requested under subsection (1) must be information that relates to—

(a) the person or body to whom the request is made;

(b) a function of that person or body, or

(c) a person in respect of whom a function is exercisable by that person or body.

Section 13 Establishment of LSCBs

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Section 14 Functions and procedure of LSCBs

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Section 14A LSCBs: annual reports

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Section 14B Supply of information requested by LSCBs

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Section 15 Funding of LSCBs

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Section 15A Review of LSCBs' performance of functions

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Section 16 LCSBs: supplementary

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Section 16A Child Safeguarding Practice Review Panel

(1) The Secretary of State must establish a panel to be known as the Child Safeguarding Practice Review Panel.

(2) The Secretary of State may make any arrangements that the Secretary of State considers appropriate for the establishment of the Panel in accordance with this section.

(3) The Panel is to consist of a chair and members appointed by the Secretary of State.

(4) A person may be appointed for a particular period or otherwise.

(5) The Secretary of State may remove the chair or a member of the Panel if satisfied that the chair or member—

(a) has become unfit or unable to discharge his or her functions properly, or

(b) has behaved in a way that is not compatible with continuing in office.

(6) The arrangements that may be made by the Secretary of State under subsection (2) include arrangements about—

(a) the Panel's proceedings;

(b) annual or other reports.

(7) The Secretary of State may provide staff, facilities or other assistance to the Panel (and the arrangements that may be made under this section include arrangements about those matters).

(8) The Secretary of State may pay remuneration or expenses to the chair and members of the Panel.

Section 16B Functions of the Panel

(1) The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State—

(a) to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and

(b) where they consider it appropriate, to arrange for those cases to be reviewed under their supervision.

(2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.

(3) Where the Panel arrange for a case to be reviewed under their supervision, they must—

(a) ensure that the reviewer provides a report on the outcome of the review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) that the report is of satisfactory quality;

(c) provide the report to the Secretary of State.

(4) The Panel must publish the report, unless they consider it inappropriate to do so.

(5) If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.

(6) Regulations under this section may include provision about—

(a) criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;

(b) eligibility for appointment as a reviewer;

(c) the selection process for appointment of a reviewer;

(d) the person who is to select a reviewer;

(e) the supervisory powers of the Panel in relation to a reviewer;

(f) removal of a reviewer;

(g) payments of remuneration or expenses to a reviewer by the Secretary of State;

(h) the procedure for a review;

(i) the form and content of a report;

(j) the time when a report is to be provided to the Secretary of State, or published.

(7) The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section.

(8) Guidance given by the Secretary of State may include guidance about—

(a) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.

(9) In this section—

a “ reviewer ” means any one or more persons appointed to review a case under the supervision of the Panel;

“ safeguarding partners ” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);

“ serious child safeguarding cases ” means cases in which—

abuse or neglect of a child is known or suspected by a local authority or another person exercising functions in relation to children, and

the child has died or been seriously harmed;

“ serious harm ” includes serious or long-term impairment of mental health or intellectual, emotional, social or behavioural development.

Section 16C Events to be notified to the Panel

(1) Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if—

(a) the child dies or is seriously harmed in the local authority's area, or

(b) while normally resident in the local authority's area, the child dies or is seriously harmed outside England.

(2) A local authority in England must have regard to any guidance given by the Secretary of State in connection with their functions under this section.

(3) In this section “ serious harm ” has the meaning given by section 16B(9).

Section 16D Information

(1) The Child Safeguarding Practice Review Panel may, for the purpose of enabling or assisting the performance of a function conferred by section 16B, request a person or body to provide information specified in the request to—

(a) the Panel,

(b) a reviewer, or

(c) another person or body specified in the request.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The Panel may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the Panel, reviewer, or other person or body to whom it is provided only for the purpose mentioned in subsection (1).

(5) In this section “ reviewer ” means any one or more persons appointed to review a case under the supervision of the Panel.

Section 16E Local arrangements for safeguarding and promoting welfare of children

(1) The safeguarding partners for a local authority area in England must make arrangements for—

(a) the safeguarding partners, and

(b) any relevant agencies that they consider appropriate,

to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.

(2) The arrangements must include arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area.

(3) In this section—

“ relevant agency ”, in relation to a local authority area in England, means a person who—

is specified in regulations made by the Secretary of State, and

exercises functions in that area in relation to children;

“ safeguarding partner ”, in relation to a local authority area in England, means—

the local authority;

an integrated care board for an area any part of which falls within the local authority area;

the chief officer of police for a police area any part of which falls within the local authority area.

Section 16F Local child safeguarding practice reviews

(1) The safeguarding partners for a local authority area in England must make arrangements in accordance with this section—

(a) to identify serious child safeguarding cases which raise issues of importance in relation to the area, and

(b) for those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate.

(2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.

(3) Where a case is reviewed under the supervision of the safeguarding partners, they must—

(a) ensure that the reviewer provides a report on the outcome of the review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) that the report is of satisfactory quality;

(c) provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.

(4) The safeguarding partners must publish the report, unless they consider it inappropriate to do so.

(5) If the safeguarding partners consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.

(6) The Secretary of State may by regulations make provision about—

(a) criteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area;

(b) the appointment or removal of a reviewer by the safeguarding partners, including provision for a reviewer to be appointed by the safeguarding partners from a list provided by the Secretary of State;

(c) the time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;

(d) the procedure for a review;

(e) the form and content of a report.

(7) In this section “ reviewer ” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.

Section 16G Further provision about arrangements

(1) This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England.

(2) The safeguarding partners must publish the arrangements.

(3) The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements.

(4) The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements.

(5) Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of “relevant agency”.

(6) The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences).

(7) At least once in every 12 month period, the safeguarding partners must prepare and publish a report on—

(a) what the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, and

(b) how effective the arrangements have been in practice.

Section 16H Information

(1) Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to—

(a) the safeguarding partner or any other safeguarding partner for the area,

(b) any of the relevant agencies for the area,

(c) a reviewer, or

(d) another person or body specified in the request.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).

Section 16I Funding

(1) The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F—

(a) by making payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(2) The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person.

(3) The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F.

(4) Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E—

(a) by making payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(5) In this section an “ independent person ” means an independent person mentioned in section 16G(3).

Section 16J Combining safeguarding partner areas and delegating functions

(1) The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section.

(2) References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).

(3) Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

(4) Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

(5) Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

Section 16K Guidance by Secretary of State

(1) The safeguarding partners and relevant agencies for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16E to 16J.

(2) Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about—

(a) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.

Section 16L Interpretation of sections 16E to 16K

In sections 16E to 16K—

“ reviewer ” has the meaning given by section 16F(7);

“ safeguarding partner ”, in relation to a local authority area, has the meaning given by section 16E(3);

“ serious child safeguarding cases ” has the meaning given by section 16B(9);

“ relevant agency ”, in relation to a local authority area, has the meaning given by section 16E(3).

Section 16M Child death reviews

(1) The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area.

(2) The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.

(3) The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.

(4) The purposes of a review or analysis under this section are—

(a) to identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, and

(b) to consider whether it would be appropriate for anyone to take action in relation to any matters identified.

(5) Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person.

(6) The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—

(a) what they have done as a result of the arrangements under this section, and

(b) how effective the arrangements have been in practice.

Section 16N Information

(1) Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to—

(a) the child death review partner or any other child death review partner for the area, or

(b) another person or body.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).

Section 16O Funding

(1) The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M—

(a) by making payments directly, or

(b) by contributing to a fund out of which payments may be made.

(2) The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M.

Section 16P Combining child death review partner areas and delegating functions

(1) The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section.

(2) References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).

(3) Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.

(4) Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.

Section 16Q Guidance and interpretation

(1) The child death review partners for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16M to 16P.

(2) In this section and sections 16M to 16P “ child death review partners ”, in relation to a local authority area in England, means—

(a) the local authority;

(b) any integrated care board for an area any part of which falls within the local authority area.