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

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2018, ISBN 9780111167540

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 66(3) of the Children Act 2004, for approval by resolution of each House of Parliament.

Children And Young Persons, England

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16B(1) and (6), 16E(3) and 16F(6) of the Children Act 2004f1.

In accordance with section 66(3) of that Act a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliamentf2.

Annotations to the whole text

Footnotes

f1

2004 c. 31. Section 12(B(1)(b), 16B(6), 16E(3) and 16F(6) of the Children Act 2004 (c.31) (“the Act”) were inserted by sections 13, 15, 17 and 29 of the Children and Social Work Act 2017 (“the 2017 Act”) (c.16).

f2

Section 66(3) of the Children Act 2004 was amended by section 194 (1) and (7) of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and section 29 of the 2017 Act.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: National Reviews
  5. 3National review criteria
  6. 4Eligibility and selection process for appointment as a reviewer
  7. 5Removal of a reviewer
  8. 6Payments of remuneration or expenses to a reviewer
  9. 7Panel’s supervisory powers
  10. 8Form and content of a report
  11. 9Provision of the report and information to Secretary of State
  12. 10Publication of the report and information
  13. Part 3: Local Reviews
  14. 11Local review criteria
  15. 12Appointment of a reviewer
  16. 13Removal of a reviewer
  17. 14Procedure for a review
  18. 15Form and content of report
  19. 16Provision of a report and information to the Secretary of State and the Panel
  20. 17Publication of the report and information
  21. Part 4: Relevant Agencies
  22. 18Relevant Agencies
  23. Signature
  24. Schedule: RELEVANT AGENCIES
  25. 1Education and childcare
  26. 2Education and childcare
  27. 3Education and childcare
  28. 4Education and childcare
  29. 5Education and childcare
  30. 6Education and childcare
  31. 7Education and childcare
  32. 8Education and childcare
  33. 9Education and childcare
  34. 10Education and childcare
  35. 11Education and childcare
  36. 12Education and childcare
  37. 13Education and childcare
  38. 14Education and childcare
  39. 15Health and Social Care
  40. 16Health and Social Care
  41. 17Health and Social Care
  42. 18Health and Social Care
  43. 19Health and Social Care
  44. 20Health and Social Care
  45. 21Health and Social Care
  46. 22Health and Social Care
  47. 23Health and Social Care
  48. 24Local Government
  49. 25Criminal Justice
  50. 26Criminal Justice
  51. 27Criminal Justice
  52. 28Criminal Justice
  53. 29Criminal Justice
  54. 30Criminal Justice
  55. 31Criminal Justice
  56. 32Police and Immigration
  57. 33Police and Immigration
  58. 34Police and Immigration
  59. 35Police and Immigration
  60. 36Miscellaneous
  61. 37Miscellaneous
  62. 38Miscellaneous
  63. Explanatory note

1Citation 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.

2Interpretation

In these Regulations—

  • “the Act” means the Children Act 2004; and

  • “the Panel” means the Child Safeguarding Practice Review Panelf1.

3National 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.

4Eligibility 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.

5Removal 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).

6Payments of remuneration or expenses to a reviewer

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

7Panel’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.

8Form 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.

9Provision 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.

10Publication 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.

11Local review criteria

The criteria to be taken into account by the safeguarding partnersf1 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.

12Appointment of a reviewer

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

13Removal 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.

14Procedure 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.

15Form 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.

16Provision 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.

17Publication 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.

18Relevant 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.

Signature

Name

Parliamentary Under Secretary of State

Department for Education

Date

1Education and childcare

The proprietor of an Academy school within the meaning given by section 1A of the Academies Act 2010f1.

2Education and childcare

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

3Education and childcare

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

4Education and childcare

The governing body of a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 1998f1.

5Education and childcare

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

6Education and childcare

The governing body of a pupil referral unit within the meaning given by section 19(2) of the Education Act 1996f1.

7Education and childcare

The proprietor of an independent educational institution registered under section 95(1) of the Education and Skills Act 2008f1.

8Education and childcare

The proprietor of a school approved under section 342 of the Education Act 1996f1.

9Education and childcare

The proprietor of a Special post-16 institution within the meaning given by section 83(2) of the Children and Families Act 2014f1.

10Education and childcare

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 1992f1.

11Education and childcare

The governing body of an English higher education provider within the meaning of section 83 of the Higher Education and Research Act 2017f1.

12Education and childcare

Any provider of education or training—

(a)

to which Chapter 3 of Part 8 of the Education and Inspections Act 2006f1, and

(b)

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

13Education and childcare

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare Act 2006f1.

14Education and childcare

The provider of a children’s centre within the meaning given by section 5A(4) of the Childcare Act 2006.f1

15Health and Social Care

The National Health Service Commissioning Board (known as NHS England) as established under section 1H(1) of the National Health Service Act 2006f1.

16Health and Social Care

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

17Health and Social Care

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006f1.

18Health and Social Care

The registered provider of an adoption support agency within the meaning given by section 8(1) of the Adoption and Children Act 2002f1.

19Health and Social Care

The registered provider of a registered adoption society within the meaning given by section 2 of the Adoption and Children Act 2002f1.

20Health and Social Care

A registered provider of a fostering agency within the meaning given by section 4 of the Care Standards Act 2000f1.

21Health and Social Care

A registered provider of a children’s homes within the meaning given by section 1 of the Care Standards Act 2000f1.

22Health and Social Care

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

23Health and Social Care

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 2013/1394f1.

24Local Government

District Councils within the meaning given by section 1(1) of the Local Government Act 1972f1.

25Criminal Justice

The Children and Family Court Advisory and Support Service (Cafcass) as established under section 11 of the Criminal Justice and Court Services Act 2000f1.

26Criminal Justice

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

27Criminal Justice

Providers of probation services as defined by section 3(6) of the Offender Management Act 2007f1.

28Criminal Justice

The principal of a secure college.

29Criminal Justice

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

30Criminal Justice

The governor of a young offender institution (or, in the case of a contracted out young offender institution its director)f1.

31Criminal Justice

Youth offending teams as established under section 39 of the Crime and Disorder Act 1998f1.

32Police and Immigration

The British Transport Police as established under section 18(1) the Railways and Transport Safety Act 2003f1.

33Police and Immigration

The Common Council of the City of London in its capacity as a police authority.

34Police and Immigration

Port Police Forces as established under an order made under section 14 of the Harbours Act 1964f1, under Part 10 of the Port of London Act 1968f2, or under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c.27)f3.

35Police and Immigration

Any person or body for whom the Secretary of State must make arrangements for ensuring the discharge of functions under section 55 of the Borders Citizenship and Immigration Act 2009f1.

36Miscellaneous

Charities within the meaning given by section 1 of the Charities Act 2011f1.

37Miscellaneous

Religious Organisations as set out in regulation 34 of, and Schedule 3 to, the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012f1.

38Miscellaneous

Any person or body involved in the provision, supervision or oversight of sport or leisure.

Explanatory note

(This note is not part of the Regulations)

Further to sections 16A to 16Q of the Children Act 2004 inserted by the Children and Social Work Act 2017, these Regulations make provision relating to the functions of the Child Safeguarding Practice Review Panel (in connection with section 16B(1)) and local safeguarding partners (in connection with section 16F(1)). The safeguarding partners for each local authority area are the local authority, clinical commissioning group and chief officer of police. The Regulations also specify relevant agencies for the purposes of section 16E(3) of the Act.

Regulation 3 specifies the criteria to be taken into account by the Panel for the purpose of the Panel’s functions, which are to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and where appropriate, to arrange for those cases to be reviewed.

Regulation 4 describes the eligibility and selection process for appointment as a reviewer, in particular, the Panel’s duties regarding selection and appointment.

Regulation 5 describes the process of removal of a reviewer from a review (and what action the Panel and the Secretary of State must take in that regard).

Regulations 7 and 8 describe the Panel’s supervisory powers in relation to a national review, and the form and content a review report must take.

Regulations 9 and 10 specify the Panel’s duties regarding provision of the report to the Secretary of State and publication of the report.

Regulation 11 specifies the criteria to be taken into account by the safeguarding partners for a local authority area for the purpose of the safeguarding partners’ functions to make arrangements to identify serious child safeguarding cases which raise issues of importance in relation to the area, and for those cases to be reviewed.

Regulation 13 specifies the timeframe in which the safeguarding partners may remove a reviewer from a local review.

Regulation 14 details the procedure for a local review, in particular regarding the duty on safeguarding partners to monitor the time being taken to conduct a review and the quality of that review.

Regulation 15 describes the form and content a local review report must take.

Regulations 16 and 17 specify the duties on the safeguarding partners regarding provision of the local review report to the Secretary of State and the Panel, and publication of the report.

The Schedule to these Regulations lists relevant agencies for the purposes of section 16E(3) which specifies that a 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 a function in that area in relation to children. The relevant agencies list will be used by safeguarding partners in their function set out in section 16E(1) to make arrangements for the safeguarding partners and 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.

A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum will be available alongside this instrument on www.legislation.gov.uk