The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

• Citation: S.I. 2018/789
• Sections: 56

Section 1 Citation and commencement

These Regulations may be cited as the Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018 and come into force on the day after the day on which they are made.

Section 2 Interpretation

In these Regulations—

“the Act” means the Children Act 2004; and

“the Panel” means the Child Safeguarding Practice Review Panel .

Section 3 National review criteria

The criteria to be taken into account by the Panel for the purpose of section 16B(1) of the Act include whether the case in question—

(a) highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;

(b) raises or may raise issues requiring legislative change or changes to guidance issued under or further to any enactment;

(c) highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children.

Section 4 Eligibility and selection process for appointment as a reviewer

(1) The Panel must set up a pool of potential reviewers to conduct reviews of serious child safeguarding cases under section 16B(2) of the Act.

(2) The Panel must ensure that the pool of potential reviewers be made publicly available by such means as it considers appropriate.

(3) Where the Panel considers it appropriate for a serious child safeguarding case to be reviewed they must, subject to paragraph (4), select one or more persons from the pool of potential reviewers to conduct the review.

(4) If the Panel considers that there are no potential reviewers in the pool with availability or suitable experience for the review, they may select a person as a potential reviewer who is not in the pool.

(5) Where the Panel has selected a person under paragraphs (3) or (4) they may recommend that reviewer to the Secretary of State who will confirm the appointment.

Section 5 Removal of a reviewer

(1) The Panel may remove a person from the pool of potential reviewers at any time.

(2) Where, following a reviewer’s appointment but prior to a report or information relating to improvements being published, the Panel determines that a reviewer should be removed from a review, the Secretary of State must remove the reviewer from the review.

(3) Where the Secretary of State removes a reviewer from a review prior to a review being completed, the Panel must consider appointing another reviewer, in accordance with regulation 4(3) and (4).

Section 6 Payments of remuneration or expenses to a reviewer

The Secretary of State may pay remuneration or expenses to a reviewer.

Section 7 Panel’s supervisory powers

(1) The Panel must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.

(2) The Panel may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.

(3) Such a request must be made in writing.

Section 8 Form and content of a report

The report must include—

(a) a summary of any improvements being recommended to the safeguarding partners, or others, to safeguard and promote the welfare of children; and

(b) an analysis of any systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.

Section 9 Provision of the report and information to Secretary of State

(1) The Panel must provide a copy of the report to the Secretary of State no later than 7 days prior to the date of publication of that report.

(2) Where the Panel decide, further to section 16B(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State, no later than 7 days prior to the date of publication of that information.

Section 10 Publication of the report and information

Where the Panel publishes a report, or information relating to improvements to be made, the Panel must ensure that the report or information published remains publicly available for a minimum of three years following publication.

Section 11 Local review criteria

The criteria to be taken into account by the safeguarding partners for the purpose of section 16F(1) of the Act include whether the case in question—

(a) highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;

(b) highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children;

(c) highlights or may highlight concerns regarding two or more agencies working together effectively to safeguard and promote the welfare of children;

(d) is one which the Child Safeguarding Practice Review Panel have considered and concluded a local review may be more appropriate.

Section 12 Appointment of a reviewer

The safeguarding partners must appoint a reviewer to conduct a local review.

Section 13 Removal of a reviewer

The safeguarding partners may remove a reviewer from a review at any time prior to the report of the review, or information relating to improvements, being published.

Section 14 Procedure for a review

(1) The safeguarding partners must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.

(2) The safeguarding partners may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.

(3) Such a request must be made in writing.

Section 15 Form and content of report

The report must include—

(a) a summary of any recommended improvements to be made by persons in the area to safeguard and promote the welfare of children; and

(b) an analysis of the systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.

Section 16 Provision of a report and information to the Secretary of State and the Panel

(1) The safeguarding partners must provide a copy of the report to the Secretary of State and the Panel no later than 7 days prior to the date of publication of that report.

(2) Where the safeguarding partners decide, further to section 16F(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State and the Panel, no later than 7 days prior to the date of publication of that information.

Section 17 Publication of the report and information

Where the safeguarding partners publish a report or information relating to improvements to be made following the review, the safeguarding partners must ensure that the report or information published remains publicly available for a minimum of one year following publication.

Section 18 Relevant Agencies

The agencies listed in the Schedule are relevant agencies for the purposes of section 16E(3) of the Act, to the extent that their activities are carried out in England.

Section 1 Education and childcare

The proprietor of an Academy school within the meaning given by section 1A of the Academies Act 2010 .

Section 2 Education and childcare

The proprietor of a 16-19 Academy within the meaning given by section 1B of the Academies Act 2010.

Section 3

The proprietor of an alternative provision Academy within the meaning given by section 1C of the Academies Act 2010.

Section 4

The governing body of a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998 .

Section 5

The governing body of a maintained nursery school within the meaning given by section 22(9) of the School Standards and Framework Act 1998.

Section 6

The governing body of a pupil referral unit within the meaning given by section 19(2) of the Education Act 1996 .

Section 7

The proprietor of an independent educational institution registered under section 95(1) of the Education and Skills Act 2008 .

Section 8

The proprietor of a school approved under section 342 of the Education Act 1996 .

Section 9

The proprietor of a Special post-16 institution within the meaning given by section 83(2) of the Children and Families Act 2014 .

Section 10

The governing body of an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 1992 .

Section 11

The governing body of an English higher education provider within the meaning of section 83 of the Higher Education and Research Act 2017 .

Section 12

Any provider of education or training—

(a) to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 , and

(b) in respect of which funding is provided by, or under arrangements made by, the Secretary of State.

Section 13

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare Act 2006 .

Section 14

The provider of a children’s centre within the meaning given by section 5A(4) of the Childcare Act 2006.

Section 15 Health and Social Care

NHS England as established under section 1H(1) of the National Health Service Act 2006 .

Section 16 Health and Social Care

An NHS trust established under section 25 of the National Health Service Act 2006.

Section 17

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006 .

Section 18

The registered provider of an adoption support agency within the meaning given by section 8(1) of the Adoption and Children Act 2002 .

Section 19

The registered provider of a registered adoption society within the meaning given by section 2 of the Adoption and Children Act 2002 .

Section 20

A registered provider of a fostering agency within the meaning given by section 4 of the Care Standards Act 2000 .

Section 21

A registered provider of a children’s homes within the meaning given by section 1 of the Care Standards Act 2000 .

Section 22

A registered provider of residential family centre within the meaning given by section 4(2) of the Care Standards Act 2000.

Section 23

The registered provider of a residential holiday schemes for disabled children within the meaning given by regulation 2(1) of the Residential Holiday Schemes for Disabled Children (England) Regulations 2013/1394 .

Section 24 Local Government

District Councils within the meaning given by section 1(1) of the Local Government Act 1972 .

Section 25 Criminal Justice

The Children and Family Court Advisory and Support Service (Cafcass) as established under section 11 of the Criminal Justice and Court Services Act 2000 .

Section 26 Criminal Justice

A governor of a prison in England (or, in the case of a contracted out prison, its director)

Section 27

Providers of probation services as defined by section 3(6) of the Offender Management Act 2007 .

Section 28

The principal of a secure college.

Section 29

The governor of a secure training centre (or, in the case of a contracted out secure training centre, its director).

Section 30

The governor of a young offender institution (or, in the case of a contracted out young offender institution its director) .

Section 31

Youth offending teams as established under section 39 of the Crime and Disorder Act 1998 .

Section 32 Police and Immigration

The British Transport Police as established under section 18(1) the Railways and Transport Safety Act 2003 .