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Children and Social Work Act 2017

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Prospective

13Functions of the PanelE+W
This section has no associated Explanatory Notes

In the Children Act 2004, after section 16A (inserted by section 12), insert—

16BFunctions of the Panel

(1)The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State—

(a)to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and

(b)where they consider it appropriate, to arrange for those cases to be reviewed under their supervision.

(2)The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.

(3)Where the Panel arrange for a case to be reviewed under their supervision, they must—

(a)ensure that the reviewer provides a report on the outcome of the review;

(b)ensure—

(i)that the reviewer makes satisfactory progress, and

(ii)that the report is of satisfactory quality;

(c)provide the report to the Secretary of State.

(4)The Panel must publish the report, unless they consider it inappropriate to do so.

(5)If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.

(6)Regulations under this section may include provision about—

(a)criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;

(b)eligibility for appointment as a reviewer;

(c)the selection process for appointment of a reviewer;

(d)the person who is to select a reviewer;

(e)the supervisory powers of the Panel in relation to a reviewer;

(f)removal of a reviewer;

(g)payments of remuneration or expenses to a reviewer by the Secretary of State;

(h)the procedure for a review;

(i)the form and content of a report;

(j)the time when a report is to be provided to the Secretary of State, or published.

(7)The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section.

(8)Guidance given by the Secretary of State may include guidance about—

(a)circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;

(b)matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.

(9)In this section—

  • a “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel;

  • 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.

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