Part 2, Section 11 · Children Act 2004

Contents

11Arrangements to safeguard and promote welfare#

(1)This section applies to each of the following—

(a)a local authority in England;

(b)a district council which is not such an authority;

(ba)NHS England;

(bb)an integrated care board;

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section;

(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;

(g)an NHS foundation trust;

(h)the local policing body and chief officer of police for a police area in England;

(i)the British Transport Police Authority, so far as exercising functions in relation to England;

(ia)the National Crime Agency;

(j)a local probation board for an area in England;

(ja)the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(k)a youth offending team for an area in England;

(l)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);

(la)the principal of a secure college in England;

(m)any person to the extent that he is providing services in pursuance of section 74 of the Education and Skills Act 2008.

(2)Each person and body to whom this section applies must make arrangements for ensuring that—

(a)their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b)any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3)In the case of a local authority in England, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4)Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 43

Show every defined term

actual bodily harm
has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.
appropriate person
means— (a) the Secretary of State, in relation to a local authority in England;
Assessment
includes an inspection, review, investigation or study.
authority
has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)). 9 The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.”
CAFCASS
has the same meaning as in section 42.
care and support
means— (a) care;
child
means a person under the age of eighteen and— a in paragraph (a), “local authority” has the meaning given by section 105(1) of the Children Act 1989;
children
means persons under the age of twenty.”
Consistent identifier
means any identifier (such as, for example, a number or code used for identification purposes) that—
designated person
means a person designated for the purposes of this section in regulations made by the Secretary of State.
education functions
has the meaning given by section 579(1) of the Education Act 1996.
excepted matter
has the same meaning as in the Northern Ireland Act 1998 (c. 47).
family proceedings
has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43).
financial year
has the same meaning as in paragraph 8 of Schedule 1.
independent person
means an independent person mentioned in section 16G(3).
institution within the further education sector
has the meaning given by section 4(3) of the Education Act 1996;
learning disability
means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;
local authority
has the meaning given by section 105(1) of the Children Act 1989;
local authority foster parent
has the same meaning as in section 105(1) of the Children Act 1989;
local authority in England
means— (a) a county council in England;
local authority in Wales
means— (a) a county council in Wales;
maintained school
has the meaning given by section 39(1) of the Education Act 2002;
processing
has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
registered health professional
means a person on the register of one or more of the following bodies— (a) the General Medical Council;
relevant function
means a function relating to safeguarding or promoting the welfare of children.
relevant person or body
means— (a) a local authority in England;
relevant police employee
means— (a) a person (other than a constable) who is— (a) employed, or engaged to provide services, for the purposes of a body of constables, and (b) under the direction and control of a person who has the direction and control of a body of constables, or (b) a person who is— (a) employed by the Common Council of the City of London in its capacity as a police authority, and (b) under the direction and control of a chief officer of police;
Relevant young persons
means persons, other than children, in relation to whom arrangements under section 10 may be made.
reserved matter
has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).
reviewer
means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.
safeguarding partners
means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);
serious child safeguarding cases
means cases in which— (a) abuse or neglect of a child is known or suspected by a local authority or another person exercising functions in relation to children, and (b) the child has died or been seriously harmed;
serious harm
includes serious or long-term impairment of mental health or intellectual, emotional, social or behavioural development.
social services functions
has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42).
social worker
means a person registered as a social worker in the register kept under section 39(1) of the Children and Social Work Act 2017.
the appointed day
means such day as the Secretary of State may by order appoint;
the Assembly
means the National Assembly for Wales;
The Chief Inspector of Schools
means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
the responsible individual
means— a in a case of one individual working on the premises in the provision of day care, that person;
voluntary organisation
has the same meaning as in the Children Act 1989.
well-being
means well-being in relation to any of the following— (a) physical and mental health and emotional well-being;
Welsh family proceedings officer
has the meaning given by section 35 of the Children Act 2004”