Children Act 2004

[^key-85287cd1d061d553ba3df1b56ff1dd6e]: Words in s. 25(9A) substituted (W.) (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(q), Sch. 14 para. 5

[^key-8784aef833a3be30354cf8d95ca45a4b]: Words in Sch. 1 para. 3(4) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 7(b)

[^key-8bc0d4f181a6e4db8f102f0da8ffa524]: S. 25(11) inserted (6.4.2016) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 163(7), 199(2); S.I. 2016/412, art. 2 (with art. 4 Sch. 1 2)

[^key-8ea95dd104748cc2602776d53d347772]: Ss. 2-2C substituted for s. 2 (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 107, 139(5)

[^key-8f35cf5ea2df524f7f27d5d8e4085435]: Words in Sch. 1 para. 3(2) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 7(a)

[^key-9006b317de7649a093bebb9ba216ce98]: S. 7A inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 111, 139(5)

[^key-923d34b08dc6b22f1547ea4020cc0c22]: S. 11(1)(la) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 14; S.I. 2015/778, art. 2(1)(c)

[^key-93f781ddb845b65a90de60d3d5a924f6]: S. 8A inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 114, 139(5)

[^key-95c00d4d9693eca4af2b6de768e5abcb]: Ss. 31-34 omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 218

[^key-96beacd62650125988560a69b1225c67]: S. 16G inserted (19.3.2018 for specified purposes, 29.6.2018 in so far as not already in force) by Children and Social Work Act 2017 (c. 16), ss. 18, 70(2); S.I. 2018/346, reg. 3(d); S.I. 2018/497, reg. 3(g) (with regs. 5-7)

[^key-97a72a669265812347e4b72a882ed026]: S. 16I inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 20, 70(2); S.I. 2018/497, reg. 3(i)

[^key-97eb5d47e2a0a8180f38ed05c5bfcc1a]: S. 2F inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 110, 139(5)

[^key-98d96593eca798b83f22b1a04ea8e773]: Sch. 2 para. 2(2)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 221

[^key-9bb1d3e8f1f00db48999e0c83eda970a]: S. 16N inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 25, 70(2); S.I. 2018/497, reg. 3(n)

[^key-9ccd413b3105dcfb9dd3589c612b56f5]: S. 10 applied (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(6)

[^key-9f5c6c860338b7ddfbf9ffd07e76155d]: Words in s. 10(9)(c) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 80(b); S.I. 2014/889, art. 7(a)

[^key-a26c86ac881b829438d0a9a9175333eb]: S. 6(7)-(9) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 2(2)(b)

[^key-a3f238c4f49370c5d86e839b0c2a4a3d]: Words in s. 8(1)(a) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), ss. 113(2)(a), 139(5)

[^key-a4eb3d114b030caad36d3f37ce3b05ee]: S. 28(1)(ha) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 18; S.I. 2015/778, art. 2(1)(c)

[^key-a520995bb52ea41fe459847bdf3ead44]: Sch. 1 para. 3A and cross-heading inserted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 8

[^key-a577b40d2a408e9001f4a4d110172d99]: Words in s. 27(1)(b) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 14(b); S.I. 2016/86, art. 3

[^key-a72d3570fb17d7ed53003a706594c585]: S. 25(4)(aa) inserted (6.4.2016) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 163(4)(a), 199(2); S.I. 2016/412, art. 2 (with art. 4 Sch. 1 2)

[^key-aa0896150556f14422cb3226d1ec5e17]: Words in s. 66(3) inserted (19.3.2018) by Children and Social Work Act 2017 (c. 16), ss. 29, 70(2); S.I. 2018/346, reg. 3(e)

[^key-ad015fd1177052d667a907e526d0a744]: S. 50A(2)(a)(b) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 220(a)

[^key-ae881968016df3f56eefde94ce01697d]: Words in s. 49(2) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(c)

[^key-aed83ca44a7720bdc5546b5b96c9cb8e]: Words in s. 66(7) inserted (E.W.) (6.4.2016) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 163(8), 199(2); S.I. 2016/412, art. 2 (with art. 4 Sch. 1 2)

[^key-b0fdfe6a91cf1318e4c04d0d090cd741]: S. 20(4)(e) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 12 para. 68; S.I. 2015/841, art. 3(x)

[^key-b1e95ec406bcb0d7512d01b32c1e19a7]: S. 5(7) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 2(2)(a)

[^key-b4b92f2d175262d9fe17a37af9b2b5b8]: S. 16K inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 22, 70(2); S.I. 2018/497, reg. 3(k)

[^key-b6aadb78a447be6a4302a19756ca643e]: S. 9 substituted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 6(1) (with Sch. 5 para. 6(2))

[^key-b78a8c76608fc9e83bf16fe3f9f72d1c]: S. 6(2)(2A) substituted for s. 6(2) (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 4(4)

[^key-ba2a8c8e6e3420642fd77455b59cf4e5]: S. 5(1A) inserted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 3(3)

[^key-be37f210602460fbcbc41e9af7ab773d]: S. 12(14) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 105(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-c533dc7367e8cacb0aac8461dd9883a7]: S. 11(1)(ia) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 8(1), 61(2); S.I. 2013/1682, art. 3(j)

[^key-c7bd9edaeb516ad825465665f5a4a3f6]: S. 16L inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 23, 70(2); S.I. 2018/497, reg. 3(l)

[^key-cd0d6d37a319e631046cbe01f191bb40]: S. 16A and cross-heading inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 12, 70(2); S.I. 2018/497, reg. 3(a)

[^key-cd2f18bc4a57ce28ab68216ad27c6db6]: Words in s. 10(4)(db) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 74; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-cd67cd5823dc945aa1aab9461511a1fe]: Words in Sch. 1 para. 5(3) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(1)(c)

[^key-d0d11dc68bcd49c12861cbf17eef2ac2]: S. 25(2) substituted (6.4.2016) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 163(3), 199(2); S.I. 2016/412, art. 2 (with art. 4 Sch. 1 2)

[^key-d19586417550ce7a5f903b3cf3b1ed28]: S. 11(1)(bb) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 75; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-d591bbf54da223324d7792de98f670d1]: Words in s. 12(13)(e) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 105(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-d5e40b582ab26871b196bb00f8362889]: Word in s. 8(4) substituted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 113(5), 139(5)

[^key-d6208b938a73e202cb443fde8b8871a4]: Words in Sch. 1 para. 5(1) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 9(1)(a)

[^key-d7e4a73b9ffefce2d102b7ae78d38e33]: Words in s. 30(2)(a) repealed (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 15; S.I. 2016/86, art. 3

[^key-d83326eb9fa74706293977bae1aca94b]: S. 10(4)(db) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 128(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-d85d7cc6ab18ccf69552348ca71e9ff3]: S. 16H inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 19, 70(2); S.I. 2018/497, reg. 3(h)

[^key-d8907dabf9a0e410877d180348c10ee9]: Words in s. 49(1)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413) , regs. 2(1) , 219(a)

[^key-dad2e0d349c9e8b17c6429c122594532]: Words in s. 12A inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 130; S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-ddd81e2dafda50c185f909def672ede9]: S. 16C inserted (29.6.2018) by Children and Social Work Act 2017 (c. 16), ss. 14, 70(2); S.I. 2018/497, reg. 3(c)

[^key-de6af37c3ce90245b61a29a80c157f32]: Words in s. 50(2)(c) omitted (20.2.2014) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 7(2)(b); S.I. 2014/178, art. 2(f) (with art. 3)

[^key-e172e283ecc6ca7a7329370c128617fa]: S. 5(6) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 2(2)(a)

[^key-e1955f18c1810b1b8018ed4eca7d3688]: S. 23(3)(e) and preceding word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 42(3)(b)

[^key-e40c748c4fee01db68291808e369531f]: S. 29(15) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 106(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

[^key-e50a412d35beddfde85f2422853f708d]: Word in s. 65(4)(b) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 36(3)(b); S.I. 2015/778, art. 2(1)(d)

[^key-e5d2e3fbf94dcdf65cfca64a0d34240f]: Words in s. 16E(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 76; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-e60052fd138fe8eca81aed835d46efb2]: Words in s. 25(8) substituted (6.4.2016) by Social Services and Well-being (Wales) Act 2014 (anaw 4), ss. 163(6), 199(2); S.I. 2016/412, art. 2 (with art. 4 Sch. 1 2)

[^key-eb40d76139be8a3dc0f80f8d4c14dd5a]: S. 10 applied (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 5(6)

[^key-ec0a89fcc3b0df26ee9325a61a4b4576]: S. 7B inserted (1.4.2014) by Children and Families Act 2014 (c. 6), ss. 112, 139(5)

[^key-ecb550b024af0e983fc8d11fefda4731]: S. 18(2)(g) and preceding word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 42(2)(b)

[^key-ecbc1d60a778083aa22e03036f936ce0]: S. 7(2)(2A) substituted for s. 7(2) (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 5(4)

[^key-ef1813c524f689e2653944850813ae8b]: Words in s. 27(1)(a) substituted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 14(a); S.I. 2016/86, art. 3

[^key-f190f36019bdf6d34ceece19a9846462]: S. 4 repealed (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 2(1)

[^key-f206c5fbc614913ef4a34c056f4ce9c8]: S. 7(7)-(9) omitted (1.4.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 2(2)(c)

[^key-f34824a33ede900e66461349b4a14f62]: S. 25(9A) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 12; S.I. 2016/86, art. 3

[^key-f66eb3d0ba3033cf9bb5dad0bc72341e]: S. 25(10)(b)(i) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 217

[^key-f882368d9e3a60da84aa62b676d25310]: S. 7(1A) inserted (1.4.2014) by Children and Families Act 2014 (c. 6), s. 139(5), Sch. 5 para. 5(3)

[^key-fb5983e6d8e9ae9329c37b2a1f716591]: Words in s. 16Q(2)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 79; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^key-fe669258f5a6003925121ded6d9765bd]: S. 11(1)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 129(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

[^key-fee2b0ee2c22375e12d4e001c97c72ff]: S. 16P(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 78; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

[^M_F_9f0ddf91-e3c2-49f3-c24a-2726b5fce793]: Words in s. 25(4A) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 17(b); S.I. 2015/778, art. 2(1)(c)

[^M_F_a5d4b900-ed3b-48a0-906e-eaa5797e89d3]: S. 20(4)(h) omitted (18.9.2012) by virtue of The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art 1(2), Sch. 1 para. 19

[^M_F_c41bac9c-19ad-4dfe-b77e-5d73c500c574]: Ss. 13-16 omitted (29.6.2018 for specified purposes, 29.9.2020 in so far as not already in force) by virtue of Children and Social Work Act 2017 (c. 16), ss. 30, 70(2); S.I. 2018/497, reg. 8(2)(4) (with regs. 8(3), 9, 10)

[^M_F_c7e2c845-c151-4e70-e546-812808b02f5b]: Words in s. 25(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 17(a); S.I. 2015/778, art. 2(1)(c)

[^key-4cd1d07218d46578606b3960bc72a644]: S. 50(8) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 158 (with s. 247)

[^key-7ddc99ded05ff3337124614ea802f1c5]: S. 29 in force at 10.3.2025 by S.I. 2025/304, art. 2

[^key-b60042329cfb16ae68580d7daaedec19]: S. 25(4)(f) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 17(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxx)

[^key-6e4a58f1dbbf1f1a52f412853f44fda4]: S. 29(7)(b) substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 17(3) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxx)

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

• (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

• (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.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the functions conferred on the authority under sections 25 ... and 29 above.

• (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

Social services committees

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

• (b) if sooner, at the end of the period of six months beginning with the date on which the appointment as interim Children's Commissioner was made.

• (4) A person who has held office as interim Children's Commissioner—

• (a) is eligible for reappointment, and

• (b) is eligible for appointment as the Children's Commissioner.

• (5) An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State.

• (6) The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner has—

• (a) become unfit or unable properly to discharge his or her functions; or

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

Director of children’s services

Responsibility for functions under section 25

Arrangements to safeguard and promote welfare: Wales

Inspection of functions under this Part

Amendments to notification scheme

Power to establish registration scheme in England

Intervention – England

Intervention – Wales

Inspection of local education authorities

Duty of local authorities to promote educational achievement

Ascertaining children’s wishes

Social services committees

Social services functions

Fees payable to adoption review panel members

Child safety orders

Child safety orders

Publication of material relating to legal proceedings

Disclosure of information by Inland Revenue

Interpretation

Commencement

Functions and procedures of CTBs

Child Safeguarding Practice Review Panel

16A

• (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.

16B

• (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, andthe 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.

16C

• (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).

16D

• (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.

Safeguarding partners for local authority areas

16E

• (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, andexercises 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.

16F

• (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.

16G

• (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.

16H

• (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).

16I

• (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).

16J

• (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.

16K

• (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.

16L

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).

Child death review partners for local authority areas

16M

• (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.

16N

• (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).

16O

• (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.

16P

• (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.

16Q

• (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.

Arrangements to safeguard and promote welfare: Wales

Power to establish registration scheme in Wales

Power to establish registration scheme in Wales

Intervention – England

Intervention – Wales

Ascertaining children’s wishes

Ascertaining children’s wishes

Information about individual children

Social services committees

Social services committees

Fees payable to adoption review panel members

Fees payable to adoption review panel members

Reasonable punishment

Children’s Commissioner for Wales: powers of entry

Disclosure of information by Inland Revenue

Commencement

Commencement

Expiry of powers in sections 45 and 46

Intervention – England

Intervention – Wales

Duty of local authorities to promote educational achievement

Social services committees

Fees payable to adoption review panel members

Reasonable punishment

Child safety orders

Children’s Commissioner for Wales: powers of entry

Disclosure of information by Inland Revenue

Extent

Joint area reviews

Responsibility for functions under section 25

Power to establish registration scheme in England

Intervention – England

Intervention – Wales

Inspection of local education authorities

Social services functions

Reasonable punishment: England

Child safety orders

Publication of material relating to legal proceedings

Repeals

Regulations and orders