Children and Young Persons Act 2008

3 Effect of arrangements under section 1

(1) Anything done or omitted to be done by or in relation to a provider of social work services in, or in connection with, the exercise or purported exercise of a function which is the subject of the arrangements under section 1 to which the provider is a party is to be treated as done or omitted to be done by or in relation to the local authority which entered into the arrangements.

(2) Subsection (1)—

(a) does not affect the rights and liabilities of the parties to the arrangements as between one another;

(b) does not make the local authority liable under section 6 of the Human Rights Act 1998 (c. 42) in respect of any act (within the meaning of that section) of a provider of social work services if the act is one of a private nature;

(c) does not prevent any civil proceedings which could otherwise be brought by or against the provider of social work services from being brought; and

(d) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the provider of social work services.

(3) A reference in this section to anything done or omitted to be done by or in relation to a provider of social work services includes a reference to anything done or omitted to be done by or in relation to an employee or agent of the provider.

(4) In this section—

• “civil proceedings” includes a claim for judicial review; and

• “employee”, in relation to a body corporate, includes any director or other officer of that body.