The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018
PART 1General
Citation and commencement1.
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.
Interpretation2.
In these Regulations—
“the Act” means the Children Act 2004; and
PART 2National Reviews
National review criteria3.
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.
Eligibility and selection process for appointment as a reviewer4.
(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.
Removal of a reviewer5.
(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).
Payments of remuneration or expenses to a reviewer6.
The Secretary of State may pay remuneration or expenses to a reviewer.
Panel’s supervisory powers7.
(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.
Form and content of a report8.
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.
Provision of the report and information to Secretary of State9.
(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.
Publication of the report and information10.
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.
PART 3Local Reviews
Local review criteria11.
(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.
Appointment of a reviewer12.
The safeguarding partners must appoint a reviewer to conduct a local review.
Removal of a reviewer13.
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.
Procedure for a review14.
(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.
Form and content of report15.
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.
Provision of a report and information to the Secretary of State and the Panel16.
(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.
Publication of the report and information17.
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.
PART 4Relevant Agencies
Relevant Agencies18.
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.
SCHEDULERELEVANT AGENCIES
Education and childcare
1.
2.
The proprietor of a 16-19 Academy within the meaning given by section 1B of the Academies Act 2010.
3.
The proprietor of an alternative provision Academy within the meaning given by section 1C of the Academies Act 2010.
4.
5.
The governing body of a maintained nursery school within the meaning given by section 22(9) of the School Standards and Framework Act 1998.
6.
7.
8.
9.
10.
11.
12.
Any provider of education or training—
(a)
(b)
in respect of which funding is provided by, or under arrangements made by, the Secretary of State.
13.
14.
Health and Social Care
15.
16.
An NHS trust established under section 25 of the National Health Service Act 2006.
17.
18.
19.
20.
21.
22.
A registered provider of residential family centre within the meaning given by section 4(2) of the Care Standards Act 2000.
23.
Local Government
24.
Criminal Justice
25.
26.
A governor of a prison in England (or, in the case of a contracted out prison, its director)
27.
28.
The principal of a secure college.
29.
The governor of a secure training centre (or, in the case of a contracted out secure training centre, its director).
30.
31.
Police and Immigration
32.
33.
The Common Council of the City of London in its capacity as a police authority.
34.
35.
Miscellaneous
36.
37.
38.
Any person or body involved in the provision, supervision or oversight of sport or leisure.
Further to sections 16A to 16Q of the Children Act 2004 inserted by the Children and Social Work Act 2017, these Regulations make provision relating to the functions of the Child Safeguarding Practice Review Panel (in connection with section 16B(1)) and local safeguarding partners (in connection with section 16F(1)). The safeguarding partners for each local authority area are the local authority, clinical commissioning group and chief officer of police. The Regulations also specify relevant agencies for the purposes of section 16E(3) of the Act.
Regulation 3 specifies the criteria to be taken into account by the Panel for the purpose of the Panel’s functions, which are to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and where appropriate, to arrange for those cases to be reviewed.
Regulation 4 describes the eligibility and selection process for appointment as a reviewer, in particular, the Panel’s duties regarding selection and appointment.
Regulation 5 describes the process of removal of a reviewer from a review (and what action the Panel and the Secretary of State must take in that regard).
Regulations 7 and 8 describe the Panel’s supervisory powers in relation to a national review, and the form and content a review report must take.
Regulations 9 and 10 specify the Panel’s duties regarding provision of the report to the Secretary of State and publication of the report.
Regulation 11 specifies the criteria to be taken into account by the safeguarding partners for a local authority area for the purpose of the safeguarding partners’ functions to make arrangements to identify serious child safeguarding cases which raise issues of importance in relation to the area, and for those cases to be reviewed.
Regulation 13 specifies the timeframe in which the safeguarding partners may remove a reviewer from a local review.
Regulation 14 details the procedure for a local review, in particular regarding the duty on safeguarding partners to monitor the time being taken to conduct a review and the quality of that review.
Regulation 15 describes the form and content a local review report must take.
Regulations 16 and 17 specify the duties on the safeguarding partners regarding provision of the local review report to the Secretary of State and the Panel, and publication of the report.
The Schedule to these Regulations lists relevant agencies for the purposes of section 16E(3) which specifies that a relevant agency in relation to a local authority area in England means a person who is specified in regulations made by the Secretary of State and exercises a function in that area in relation to children. The relevant agencies list will be used by safeguarding partners in their function set out in section 16E(1) to make arrangements for the safeguarding partners and any relevant agencies that they consider appropriate to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.
A full regulatory impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum will be available alongside this instrument on www.legislation.gov.uk