The Children Act 2004 Information Database (England) Regulations 2007

Regulation 9(2)

SCHEDULE 3 Persons 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(1));

(b) functions under—

(i) Parts 4 (special educational needs) and 6 (school admissions, attendance and charges) of the Education Act 1996(2);

(ii) section 175 of the Education Act 2002(3) (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(4) (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(5), 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(6).

6.  A member of a youth offending team for an area in England(7).

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(8), 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(9) (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(10)) 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(11) 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(12).

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.

(1)

1970 c. 42. Section 1A (meaning of “social services functions”) was inserted by section 102(3) of the Local Government Act 2000 (c. 22).

(2)

1996 c. 56.

(3)

2002 c. 32.

(4)

2004 c. 21. Section 1 was amended by paragraph 10(1) and (2) of Part 1 of Schedule 1 to the Civil Contingencies Act 2004 (c. 36).

(5)

2002 c. 17.

(6)

Section 4 of the Criminal Justice and Court Services Act 2000 (c. 43) makes provision in respect of local probation boards.

(7)

Section 39(1) of the Crime and Disorder Act 1998 (c. 37) provides for the establishment of youth offending teams.

(8)

2000 c. 21.

(9)

1996 c. 56. Section 342 was substituted by paragraph 82 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31).

(10)

1992 c. 13.

(11)

2000 c. 14. Section 55(2) was amended by paragraph 115 of Schedule 3 to the Adoption and Children Act 2002.

(12)

2000 c. 43.