Children Act 2004

2 General function

(1) The Children’s Commissioner has the function of promoting awareness of the views and interests of children in England.

(2) The Children’s Commissioner may in particular under this section—

(a) encourage persons exercising functions or engaged in activities affecting children to take account of their views and interests;

(b) advise the Secretary of State on the views and interests of children;

(c) consider or research the operation of complaints procedures so far as relating to children;

(d) consider or research any other matter relating to the interests of children;

(e) publish a report on any matter considered or researched by him under this section.

(3) The Children’s Commissioner is to be concerned in particular under this section with the views and interests of children so far as relating to the following aspects of their well-being—

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) the contribution made by them to society;

(e) social and economic well-being.

(4) The Children’s Commissioner must take reasonable steps to involve children in the discharge of his function under this section, and in particular to—

(a) ensure that children are made aware of his function and how they may communicate with him; and

(b) consult children, and organisations working with children, on the matters he proposes to consider or research under subsection (2)(c) or (d).

(5) Where the Children’s Commissioner publishes a report under this section he must, if and to the extent that he considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children).

(6) The Children’s Commissioner must for the purposes of subsection (4) have particular regard to groups of children who do not have other adequate means by which they can make their views known.

(7) The Children’s Commissioner is not under this section to conduct an investigation of the case of an individual child.

(8) The Children’s Commissioner or a person authorised by him may for the purposes of his function under this section at any reasonable time—

(a) enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and

(b) if the child consents, interview the child in private.

(9) Any person exercising functions under any enactment must supply the Children’s Commissioner with such information in that person’s possession relating to those functions as the Children’s Commissioner may reasonably request for the purposes of his function under this section (provided that the information is information which that person may, apart from this subsection, lawfully disclose to him).

(10) Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions under any enactment, he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

(11) In considering for the purpose of his function under this section what constitutes the interests of children (generally or so far as relating to a particular matter) the Children’s Commissioner must have regard to the United Nations Convention on the Rights of the Child.

(12) In subsection (11) the reference to the United Nations Convention on the Rights of the Child is to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989, subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.