The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018

PART 1 E+W General

Citation and commencement E+W

1.  These Regulations may be cited as the Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018 and come into force on the day after the day on which they are made.

Commencement Information

I1 Reg. 1 in force at 29.6.2018, see reg. 1

Interpretation E+W

2.  In these Regulations—

“the Act” means the Children Act 2004; and

“the Panel” means the Child Safeguarding Practice Review Panel(1).

Commencement Information

I2 Reg. 2 in force at 29.6.2018, see reg. 1

PART 2 E+W National Reviews

National review criteria E+W

3.  The criteria to be taken into account by the Panel for the purpose of section 16B(1) of the Act include whether the case in question—

(a) highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;

(b) raises or may raise issues requiring legislative change or changes to guidance issued under or further to any enactment;

(c) highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children.

Commencement Information

I3 Reg. 3 in force at 29.6.2018, see reg. 1

Eligibility and selection process for appointment as a reviewer E+W

4.—(1) The Panel must set up a pool of potential reviewers to conduct reviews of serious child safeguarding cases under section 16B(2) of the Act.

(2) The Panel must ensure that the pool of potential reviewers be made publicly available by such means as it considers appropriate.

(3) Where the Panel considers it appropriate for a serious child safeguarding case to be reviewed they must, subject to paragraph (4), select one or more persons from the pool of potential reviewers to conduct the review.

(4) If the Panel considers that there are no potential reviewers in the pool with availability or suitable experience for the review, they may select a person as a potential reviewer who is not in the pool.

(5) Where the Panel has selected a person under paragraphs (3) or (4) they may recommend that reviewer to the Secretary of State who will confirm the appointment.

Commencement Information

I4 Reg. 4 in force at 29.6.2018, see reg. 1

Removal of a reviewer E+W

5.—(1) The Panel may remove a person from the pool of potential reviewers at any time.

(2) Where, following a reviewer’s appointment but prior to a report or information relating to improvements being published, the Panel determines that a reviewer should be removed from a review, the Secretary of State must remove the reviewer from the review.

(3) Where the Secretary of State removes a reviewer from a review prior to a review being completed, the Panel must consider appointing another reviewer, in accordance with regulation 4(3) and (4).

Commencement Information

I5 Reg. 5 in force at 29.6.2018, see reg. 1

Payments of remuneration or expenses to a reviewer E+W

6.  The Secretary of State may pay remuneration or expenses to a reviewer.

Commencement Information

I6 Reg. 6 in force at 29.6.2018, see reg. 1

Panel’s supervisory powers E+W

7.—(1) The Panel must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.

(2) The Panel may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.

(3) Such a request must be made in writing.

Commencement Information

I7 Reg. 7 in force at 29.6.2018, see reg. 1

Form and content of a report E+W

8.  The report must include—

(a) a summary of any improvements being recommended to the safeguarding partners, or others, to safeguard and promote the welfare of children; and

(b) an analysis of any systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.

Commencement Information

I8 Reg. 8 in force at 29.6.2018, see reg. 1

Provision of the report and information to Secretary of State E+W

9.—(1) The Panel must provide a copy of the report to the Secretary of State no later than 7 days prior to the date of publication of that report.

(2) Where the Panel decide, further to section 16B(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State, no later than 7 days prior to the date of publication of that information.

Commencement Information

I9 Reg. 9 in force at 29.6.2018, see reg. 1

Publication of the report and information E+W

10.  Where the Panel publishes a report, or information relating to improvements to be made, the Panel must ensure that the report or information published remains publicly available for a minimum of three years following publication.

Commencement Information

I10 Reg. 10 in force at 29.6.2018, see reg. 1

PART 3 E+W Local Reviews

Local review criteria E+W

11.  The criteria to be taken into account by the safeguarding partners(2) for the purpose of section 16F(1) of the Act include whether the case in question—

(a) highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;

(b) highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children;

(c) highlights or may highlight concerns regarding two or more agencies working together effectively to safeguard and promote the welfare of children;

(d) is one which the Child Safeguarding Practice Review Panel have considered and concluded a local review may be more appropriate.

Commencement Information

I11 Reg. 11 in force at 29.6.2018, see reg. 1

Appointment of a reviewer E+W

12.  The safeguarding partners must appoint a reviewer to conduct a local review.

Commencement Information

I12 Reg. 12 in force at 29.6.2018, see reg. 1

Removal of a reviewer E+W

13.  The safeguarding partners may remove a reviewer from a review at any time prior to the report of the review, or information relating to improvements, being published.

Commencement Information

I13 Reg. 13 in force at 29.6.2018, see reg. 1

Procedure for a review E+W

14.—(1) The safeguarding partners must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.

(2) The safeguarding partners may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.

(3) Such a request must be made in writing.

Commencement Information

I14 Reg. 14 in force at 29.6.2018, see reg. 1

Form and content of report E+W

15.  The report must include—

(a) a summary of any recommended improvements to be made by persons in the area to safeguard and promote the welfare of children; and

(b) an analysis of the systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.

Commencement Information

I15 Reg. 15 in force at 29.6.2018, see reg. 1

Provision of a report and information to the Secretary of State and the Panel E+W

16.—(1) The safeguarding partners must provide a copy of the report to the Secretary of State and the Panel no later than 7 days prior to the date of publication of that report.

(2) Where the safeguarding partners decide, further to section 16F(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State and the Panel, no later than 7 days prior to the date of publication of that information.

Commencement Information

I16 Reg. 16 in force at 29.6.2018, see reg. 1

Publication of the report and information E+W

17.  Where the safeguarding partners publish a report or information relating to improvements to be made following the review, the safeguarding partners must ensure that the report or information published remains publicly available for a minimum of one year following publication.

Commencement Information

I17 Reg. 17 in force at 29.6.2018, see reg. 1

PART 4 E+W Relevant Agencies

Relevant Agencies E+W

18.  The agencies listed in the Schedule are relevant agencies for the purposes of section 16E(3) of the Act, to the extent that their activities are carried out in England.

Commencement Information

I18 Reg. 18 in force at 29.6.2018, see reg. 1

Nadhim Zahawi

Parliamentary Under Secretary of State

Department for Education

28th June 2018