(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.

2B

(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.

2C

(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.

2D

(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.

2E

(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.

2F

(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.

Functions of Commissioner in Scotland

7A

(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.

7B

(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

(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.

8A

(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.

Functions and procedures of CTBs

Director of children’s services

Intervention – Wales

50A

(1) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to the functions of a local authority in Wales which are specified in subsection (2) as it applies in relation to a local authority's education functions but as if the only relevant ground for intervention were ground 3 in section 21 of that Act.

(2) The functions of a local authority are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) the functions of the local authority which are specified in subsection (2).

(4) In this section—

“ education functions ” has the meaning given by section 579(1) of the Education Act 1996;

Inspection of functions under this Part

Functions and procedure of LSCBs in Wales

Fees payable to adoption review panel members

Expiry of powers in sections 45 and 46

Children’s Commissioner for Wales: powers of entry

Disclosure of information by Inland Revenue

Repeals

Interim appointments

3A

(1) Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim Children's Commissioner.

(2) Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance with the terms and conditions of the appointment as determined by the Secretary of State.

(3) An appointment as interim Children's Commissioner is for a term ending—

(a) with the appointment of a person as the Children's Commissioner under paragraph 3, or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Children Act 2004

Targets for safeguarding and promoting the welfare of children

Inspection of functions under this Part

Amendments to notification scheme

Power to establish registration scheme in England

Funding of CTBs

Inspection of local education authorities

Inspection of local education authorities

Children and young people's plans: implementation

Children and young people’s plans

Reasonable punishment

Information databases: Wales

Information databases

Disclosure of information by Inland Revenue

Disclosure of information by Inland Revenue

Functions of Commissioner in Northern Ireland

Children in England living away from home or receiving social care

Expiry of powers in sections 45 and 46

Arrangements to safeguard and promote welfare

Co-operation to improve well-being: Wales

Social services functions

Co-operation to improve well-being: Wales

Establishment of LSCBs in Wales

Publication of material relating to legal proceedings

Disclosure of information by Inland Revenue

Fees payable to adoption review panel members

Joint area reviews

Ancillary powers of the Assembly

Information databases

Power to establish registration scheme in England

Information databases

Supply of information to CTBs

Children and young people’s plans: Wales

Inspection of functions under this Part

Amendments to notification scheme

Supply of information to CTBs

LSCBs: supplementary

Director of children’s services

Fees payable to adoption review panel members

Joint area reviews

Social services committees

Inspection of functions under this Part

Establishment of LSCBs in Wales

Ancillary powers of the Assembly

Child safety orders

Social services functions

Disclosure of information by Inland Revenue

Child safety orders

Information databases: Wales

Establishment of LSCBs in Wales

Functions of the Assembly relating to family proceedings

Funding of CTBs

Duty of local authorities to promote educational achievement

Ascertaining children’s wishes

Information about individual children

Social services committees

Joint area reviews

Arrangements to safeguard and promote welfare: Wales

Disclosure of information by Inland Revenue

Repeals

Establishment

2A

2B

2C

2D

2E

2F

Functions of Commissioner in Scotland

7A

7B

8A

Functions and procedures of CTBs

Director of children’s services

Intervention – Wales

50A

Inspection of functions under this Part

Functions and procedure of LSCBs in Wales

Social services committees

Fees payable to adoption review panel members

Expiry of powers in sections 45 and 46