The Children Act 2004 Information Database (England) Regulations 2007

Regulation 4

SCHEDULE 1Information to be included in the database

1.  The person’s name (including any former name).

2.  As respects the person’s address or whereabouts—

(a)his current address;

(b)if, at any time, there is no known current address for the person, his last-known address;

(c)a statement that there is no known address for the person; or

(d)where the person has ceased to be ordinarily resident in England, a statement that a Schedule 4 or Schedule 5 body—

(i)has information that the person intends to return to England within a period of three years from the date on which that body considers that the person ceased to be ordinarily resident in England;

(ii)has information that the person does not intend to return to England within a period of three years from the date on which that body considers that the person ceased to be ordinarily resident in England; or

(iii)does not have any information as to whether the person does or does not intend to return to England.

3.  The person’s gender, or if the person’s gender has not been specified, a statement to that effect.

4.  The person’s date of birth.

5.  Such number as is used to identify the person in the database.

6.  The name and contact details—

(a)in the case of a child, of any person with parental responsibility for the child or who has care of the child at any time; or

(b)in the case of a participating young person, of any person who has care of him at any time.

7.—(1) Where the person is attending an educational institution, the name and contact details of the institution, the date on which the person started attending the institution and (where applicable) the date on which he ceased attending.

(2) Where the person is receiving education otherwise than at an educational institution, the name and contact details of a person or body providing such education, the date on which such education started and (where applicable) the date on which it ended.

8.—(1) Subject to sub-paragraph (2), the name and contact details of any person providing primary medical services under Part 1 of the National Health Service Act 2006(1) (promotion and provision of the health service in England) to the person.

(2) Where the primary medical services comprise only a sensitive service, sub-paragraph (1) shall not apply and paragraph 9 applies.

9.  In relation to any specialist or targeted service which is, or has been, provided to the person by or on behalf of a Schedule 4 or Schedule 5 body—

(a)the name and contact details of the person providing the service; and

(b)where the service is a sensitive service, a statement that a sensitive service is being or has been provided.

10.  Where a Schedule 4 or Schedule 5 body has undertaken an assessment of the person under the system known as the Common Assessment Framework(2)—

(a)the name and contact details of the person who has undertaken the assessment;

(b)the date on which the assessment was undertaken, and

(c)the date on which actions arising from the assessment are considered completed.

11.  The name and contact details of the person’s health visitor (if any).

12.  The name and contact details of the person’s school nurse (if any).

13.  Where the person has not attained the age of one, the name and contact details of the person’s midwife (if any).

14.  The date on which—

(a)a service of a description specified in paragraph 8 or 9; or

(b)a service provided by a person of a description specified in any of paragraphs 11 to 13,

was first provided, and where applicable the date on which the provision ended.

15.  In relation to information specified in any of paragraphs 9 and 11 to 13, a statement as to the period of time before the information becomes archived information (being a period of one, two, three, four or five years from the date on which the service ended or the services of the health visitor, school nurse or midwife ended).

16.  Information as to whether—

(a)a person providing a service of a description specified in paragraph 8 or 9;

(b)a person who has undertaken an assessment of the description specified in paragraph 10;

(c)a person of a description specified in any of paragraphs 11 to 13; or

(d)a person of a description specified in paragraph 9 of Schedule 3,

is the lead professional(3) in relation to the person, the date on which the person became the lead professional and where applicable the date on which he ceased to be the lead professional.

17.  Where the person has died, the date of the person’s death.

18.  Any number used by a Schedule 4 or Schedule 5 body to identify a record relating to a person.

19.  The name of the local authority which is responsible for the person’s child record.

20.  Such metadata as may be requested or required by the Secretary of State for Children, Schools and Families relating to information specified in paragraphs 1 to 19.

Regulation 9(1)(b)

SCHEDULE 2Persons who may permit access to the database (“national partners”)

1.  KIDS (registered charity number 275936).

2.  Barnardo’s (registered charity number 216250).

3.  The National Society for the Prevention of Cruelty to Children (registered charity number 216401).

4.  NCH (registered charity number 1097940).

5.  Church of England Children’s Society (registered charity number 221124).

6.  The Child Exploitation and Online Protection Centre (an affiliate of the Serious Organised Crime Agency(4)), so far as it is exercising functions in relation to the sexual abuse of children.

7.  The Children and Family Court Advisory and Support Service(5).

Regulation 9(2)

SCHEDULE 3Persons who may be given access to the database by a local authority

1.—(1) A person employed in relation to the exercise by or on behalf of a local authority of the functions specified in paragraph (2).

(2) The functions referred to in paragraph (1) are—

(a)social services functions (within the meaning of the Local Authority Social Services Act 1970(6));

(b)functions under—

(i)Parts 4 (special educational needs) and 6 (school admissions, attendance and charges) of the Education Act 1996(7);

(ii)section 175 of the Education Act 2002(8) (duties of LEAs and governing bodies in relation to welfare of children);

(c)functions under Part 1 of the Fire and Rescue Services Act 2004(9) (fire and rescue authorities) so far as relating to a fire and rescue service strategy for children and young people;

(d)functions under section 10 (co-operation to improve well-being) or 11 (arrangements to safeguard and promote welfare) of the Act;

(e)functions conferred on the authority by these Regulations.

2.  A health care professional regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(10), or a person assisting such a professional in the exercise of his profession.

3.  A member or an employee of a police authority, a chief officer of police for a police area in England, or a member or any other employee of a police force for a police area in England.

4.  An officer of the British Transport Police Authority, so far as exercising functions in relation to England.

5.  An officer of a local probation board for an area in England(11).

6.  A member of a youth offending team for an area in England(12).

7.—(1) The governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director).

(2) An officer of a prison or a secure training centre (or, in the case of a contracted out secure training centre, a custody officer).

(3) An administrator assisting an officer of a secure training centre (or, in the case of a contracted out secure training centre, assisting a custody officer).

8.  A person (other than the Secretary of State) providing services under section 114 of the Learning and Skills Act 2000(13), or employed by such a person to provide those services.

9.—(1) A person employed at a school specified in sub-paragraph (2) as—

(a)the head teacher;

(b)a deputy head teacher;

(c)an administrator;

(d)a head of year or a teacher other than a head of year who has pastoral or child protection responsibilities;

(e)a teacher of children with special educational needs;

(f)a coordinator of special educational needs provision,

or who is carrying out functions equivalent to the functions of a person referred to in paragraphs (b) to (e).

(2) The schools referred to in sub-paragraph (1) are—

(a)a maintained school in England (within the meaning of section 175 of the Education Act 2002);

(b)an independent school in England (within the meaning of the Education Act 1996), and

(c)a special school which is not maintained by a local authority and which has been approved as a special school under section 342 of the Education Act 1996(14) (approval of non-maintained special schools).

10.  A person employed at an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992(15)) as—

(a)the principal;

(b)a deputy principal;

(c)a tutor with pastoral or child protection responsibilities or responsibilities in relation to special educational needs;

(d)an administrator,

or who is carrying out functions equivalent to the functions of a person referred to in paragraphs (b) to (d).

11.  An employee of a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in section 12(1) of the Act relate.

12.  A social care worker within the meaning of section 55(2) of the Care Standards Act 2000(16) who is registered with the General Social Care Council.

13.  A member of the staff of the Children and Family Court Advisory and Support Service appointed under paragraph 5(1) of Schedule 2 to the Criminal Justice and Court Services Act 2000(17).

14.—(1) A person employed by a fire and rescue authority to which this paragraph applies in relation to a fire and rescue service strategy for children and young people.

(2) This paragraph applies to a fire and rescue authority (determined in accordance with Part 1 of the Fire and Rescue Services Act 2004) for any area in England for which the local authority (within the meaning in these Regulations) is not the fire and rescue authority.

15.  An employee of the Child Exploitation and Online Protection Centre (an affiliate of the Serious Organised Crime Agency), so far as it is exercising functions in relation to the sexual abuse of children.

Regulation 11(1)(a)

SCHEDULE 4Persons and bodies required to disclose information for inclusion in the database

1.  The persons and bodies specified in section 12(7)(a) to (e) of the Act.

2.  The governing body of a special school which is not maintained by a local authority and which has been approved as a special school under section 342 of the Education Act 1996.

3.  The Registrar General for England and Wales(18).

Regulation 11(1)(b)

SCHEDULE 5Persons and bodies permitted to disclose information for inclusion in the database

1.  The persons and bodies specified in section 12(8)(a) to (d) of the Act(19).

2.  A health care professional regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

3.  The fire and rescue authority (determined in accordance with Part 1 of the Fire and Rescue Services Act 2004) for any area in England where the local authority (within the meaning in these Regulations) is not the fire and rescue authority for the area.

4.  The Children and Family Court Advisory and Support Service.