Part 1

Sexual Offences

Abuse of position of trust

Positions of trust
21
1
For the purposes of sections 16 to 19, a person (A) is in a position of trust in relation to another person (B) if—
a
any of the following subsections applies, or
b
any condition specified in an order made by the Secretary of State is met.
2
This subsection applies if A looks after persons under 18 who are detained in an institution by virtue of a court order or under an enactment, and B is so detained in that institution.
3
This subsection applies if A looks after persons under 18 who are resident in a home or other place in which—
a
accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 (c. 41) or Article 27(2) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), or
b
accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order,
and B is resident, and is so provided with accommodation and maintenance or accommodation, in that place.
4
This subsection applies if A looks after persons under 18 who are accommodated and cared for in one of the following institutions—
a
a hospital,
b
an independent clinic,
c
a care home, residential care home or private hospital,
d
a community home, voluntary home or children’s home,
e
a home provided under section 82(5) of the Children Act 1989, or
f
a residential family centre,
and B is accommodated and cared for in that institution.
5
This subsection applies if A looks after persons under 18 who are receiving education at an educational institution and B is receiving, and A is not receiving, education at that institution.
6
This subsection applies if A is appointed to be the guardian of B under Article 159 or 160 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
7
This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under—
a
sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
b
section 114 of the Learning and Skills Act 2000 (c. 21),
and, in that capacity, looks after B on an individual basis.
8
This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—
a
in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), or
b
in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995.
9
This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 or Article 4 of the Children (Northern Ireland) Order 1995 on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).
10
This subsection applies if A is a personal adviser appointed for B under—
a
section 23B(2) of, or paragraph 19C of Schedule 2 to, the Children Act 1989, or
b
Article 34A(10) or 34C(2) of the Children (Northern Ireland) Order 1995,
and, in that capacity, looks after B on an individual basis.
11
This subsection applies if—
a
B is subject to a care order, a supervision order or an education supervision order, and
b
in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.
12
This subsection applies if A—
a
is an officer of the Service appointed for B under section 41(1) of the Children Act 1989,
b
is appointed a children’s guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or
c
is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I. 1991/1247) or under Article 60(1) of the Children (Northern Ireland) Order 1995,
and, in that capacity, regularly has unsupervised contact with B (whether face to face or by any other means).
13
This subsection applies if—
a
B is subject to requirements imposed by or under an enactment on his release from detention for a criminal offence, or is subject to requirements imposed by a court order made in criminal proceedings, and
b
A looks after B on an individual basis in pursuance of the requirements.