The Children Act 2004 Information Database (England) Regulations 2007

Accessible child record

This section has no associated Explanatory Memorandum

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)the name and contact details of a person or body providing a sensitive service;

(b)information of the description specified in paragraph 15 of Schedule 1;

(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)information of the description specified in paragraph 20 of Schedule 1;

(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)information of the descriptions specified in paragraphs 1, 3, 4 and 5 of Schedule 1; and

(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)the person to whom the record relates;

(b)any person with parental responsibility for that person or who has care of him at any time;

(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.