Section 436F Use of information in the registerF1

(1)

A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2)

The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates, or

(b)

any other person under the age of 18.

(3)

A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(4)

For the purposes of subsection (3), the persons are—

(a)

a person listed in section 11(1) or 28(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

(b)

Ofsted, meaning—

(i)

the Office for Standards in Education, Children’s Services and Skills, and

(ii)

His Majesty’s Chief Inspector of Education, Children’s Services and Skills;

(c)

His Majesty’s Chief Inspector of Education and Training in Wales;

(d)

the Welsh Ministers.

(5)

Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority—

(a)

must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

(b)

may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

(6)

Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a)

the child to whom the information relates,

(b)

any other person under the age of 18.

(7)

A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8)

A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

Annotations

Textual amendments

F1: Ss. 436B-436G and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436B, 436C, 436E, 436F, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(2), 78(1)(a)(3)(5)