The Children Act 2004 Information Database (England) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/2182 |
| Year | 2007 |
2007 No. 2182
CHILDREN AND YOUNG PERSONS, ENGLAND
The Children Act 2004 Information Database (England) Regulations 2007
Made 24th July 2007
Coming into force in accordance with regulation 1
The Secretary of State for Children, Schools and Families, in exercise of the powers conferred by sections 12(4)(f) and (h), (5), (6), (7)(f), (8)(e), (10) and (11) and 66(1) of the Children Act 20041, makes the following Regulations, a draft of which was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 66(3) of that Act:
PART 1
General
Citation, commencement and application
1.—(1) These Regulations may be cited as the Children Act 2004 Information Database (England) Regulations 2007 and come into force on the seventh day after the day on which they are made.
(2) These Regulations apply in relation to the establishment and operation of a database under section 12 of the Children Act 2004.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Children Act 2004;
“archived information” shall be construed in accordance with regulation 8;
“child record” in relation to a child or participating young person (including a child or participating young person who is not ordinarily resident in England or who has died) means the information contained in the database relating to that person;
“the database” means the database established and operated, or to be established and operated, by the Secretary of State for Children, Schools and Families under section 12 of the Act;
“local authority” means a children’s services authority in England within the meaning of section 65(1) of the Act;
“national partner” has the meaning given in regulation 9(1)(b);
“parental responsibility” has the same meaning as in section 3 of the Children Act 19892;
“participating young person” has the meaning given in regulation 4(2);
“relevant young person” means a person (other than a child) in relation to whom arrangements under section 10 of the Act may be made;
“a Schedule 4 body” has the meaning given in regulation 11(1)(a);
“a Schedule 5 body” has the meaning given in regulation 11(1)(b);
“sensitive service” means a specialist or targeted service which relates to—
(a) sexual health,
(b) mental health, or
(c) substance abuse;
“specialist or targeted service” means any service which is not normally provided to all persons in a particular age group.
(2) In these Regulations any reference to a child record for which a local authority is responsible means a child record for which, by virtue of regulation 3(2), the authority is responsible, and references to a local authority being responsible for child records are to be construed accordingly.
(3) In these Regulations any reference to a person employed includes a person employed whether under a contract of service or a contract for services, a person seconded to the organisation in question and a person working as a volunteer, and references to an employee are to be construed accordingly.
(4) In these Regulations a person (A) is not to be treated as having the care of another person (B) by reason only of the fact that A acts as a childminder to B or provides day care to B for part of the day only.
Participation by local authorities
3.—(1) A local authority must participate in the operation of the database in accordance with these Regulations.
(2) A local authority is responsible for any child records, responsibility for which—
(a)
(a) is allocated to the authority by the Secretary of State for Children, Schools and Families; or
(b)
(b) is accepted by the authority with the agreement of the local authority which previously had responsibility for that child record.
PART 2
Information in the database
Information in the database
4.—(1) The database must contain such information of the descriptions specified in Schedule 1 as is available to the Secretary of State for Children, Schools and Families relating to—
(a)
(a) each child, and
(b)
(b) subject to paragraph (2), each participating young person,
who is ordinarily resident in England.
(2) A child record relating to a relevant young person may only contain information that is not archived information if that person consents to that information being contained in the child record (and in these Regulations a person who has consented and has not withdrawn the consent is referred to as a “participating young person”).
(3) The database may contain information about a child or participating young person who is no longer ordinarily resident in England or who has died.
Procedures for ensuring the accuracy of information in the database
5.—(1) A Schedule 4 or Schedule 5 body which discloses information for inclusion in the database must take reasonable steps to ensure the information is accurate.
(2) In providing information under section 12(9) of the Act the Secretary of State must take reasonable steps to ensure the information is accurate.
(3) Where it appears to a local authority that a child record for which it is responsible is or may be inaccurate or incomplete, the authority must take reasonable steps to correct the inaccuracy or to complete the record.
Accessible child record
6.—(1) Subject to paragraph (9), the Secretary of State for Children, Schools and Families must ensure that a person who is given access to the database under regulation 9(1)(b) is not able to read the information contained in a child record specified in paragraph (3).
(2) Subject to paragraphs (4) and (9), a local authority must ensure that a person who is given access to the database by the authority under regulation 9(1)(a) is not able to read the information contained in a child record specified in paragraph (3).
(3) The information referred to in paragraphs (1) and (2) is—
(a)
(a) the name and contact details of a person or body providing a sensitive service;
(b)
(b) information of the description specified in paragraph 15 of Schedule 1;
(c)
(c) information of the description specified in paragraph 18 of Schedule 1 (unless the person who has access to the database is employed by the Schedule 4 or Schedule 5 body in relation to functions for the purposes of which the number has been allocated);
(d)
(d) information of the description specified in paragraph 20 of Schedule 1;
(e)
(e) archived information.
(4) Paragraph (2) does not apply to persons given access to the database by the authority under regulation 9(1)(a) solely for the purposes of the functions conferred on the authority under these Regulations.
(5) Subject to paragraph (9), a local authority may determine, in relation to a particular child record, that persons given access to the database under regulation 9 may read only information of the description specified in paragraph (6).
(6) The information referred to in paragraph (5) is—
(a)
(a) information of the descriptions specified in paragraphs 1, 3, 4 and 5 of Schedule 1; and
(b)
(b) in the case of—
(i) a child, the name of any person with parental responsibility for the child or who has care of him at any time; or
(ii) a participating young person, the name of any person who has care of him at any time.
(7) In making a determination under paragraph (5) the authority must take into account any views expressed by—
(a)
(a) the person to whom the record relates;
(b)
(b) any person with parental responsibility for that person or who has care of him at any time;
(c)
(c) a Schedule 4 or Schedule 5 body.
(8) The Secretary of State for Children, Schools and Families or a local authority may for the purposes of child protection authorise a person to read the information contained in a child record which he would otherwise be able to see but for a determination under paragraph (5).
(9) A person having access to the database under regulation 9 may read information contained in a child record specified in paragraph (3)(a) to (c) if that information was disclosed for inclusion in the database by that person.
Retention of information
7.—(1) Subject to paragraph (2), information disclosed for inclusion in the database under these Regulations, or provided by the Secretary of State under section 12(9) of the Act, may be retained for six years from the date on which it becomes archived information.
(2) The information may be retained for longer than six years from the date on which it becomes archived information if the Secretary of State for Children, Schools and Families or a local authority is satisfied it is necessary to retain the information for the purposes of—
(a)
(a) an investigation under section 47 of the Children Act 19893(local authority’s duty to investigate); or
(b)
(b) the exercise by a Local Safeguarding Children Board4of its functions under regulation 5(1)(e) (serious case reviews) or 6 (functions relating to child deaths) of the Local Safeguarding Children Boards Regulations 20065.
Archived information
8.—(1) Subject to paragraph (4), and so far as it is not already archived information, information in a child record becomes archived information on the earliest of the dates specified in paragraph (2).
(2) In the case of—
(a)
(a) a child record for a child who is not a participating young person, the date on which he attains the age of 18;
(b)
(b) a child record for a participating young person, the date on which he attains the age of 25, or (if earlier) the date on which his consent to the information being contained in the child record is withdrawn;
(c)
(c) a child record for a person who ceases to be ordinarily resident in England, the date on which the Secretary of State for Children, Schools and Families or the local authority responsible for his child record becomes aware...
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