Part 1Sexual Offences

Abuse of position of trust

21Positions of trust

F11

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 F2in accordance with section 22C(6) of the Children Act 1989 (c. 41) F20or section 81(6) of the Social Services and Well-being (Wales) Act 2014F3..., or

b

accommodation is provided by a voluntary organisation under section 59(1) of F21the Children Act 1989F4...,

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

F5in Wales, an independent clinic,

c

a care home, F6...

d

a community home, voluntary home or children’s home, F7or

e

a home provided under section 82(5) of the Children Act 1989, F8...

F9f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25g

a place in Wales at which a care home service is provided,

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.

F106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F11b

section 68, 70(1)(b) or 74 of the Education and Skills Act 2008,

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) F22or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014, F12...

F12b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 F13... 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, F14... F23or

F24aa

section 106(1) of the Social Services and Well-being (Wales) Act 2014 in respect of category 1 or 2 young persons within the meaning of that Act,

F14b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F15or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) 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), F18...

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) F16..., F19or

F17d

is appointed to be the children’s guardian of B under rule 59 of the Family Procedure (Adoption) Rules 2005 (S.I. 2005/2795) or rule 16.3(1)(ii) or rule 16.4 of the Family Procedure Rules 2010 (S.I. 2010/2955),

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.