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
in accordance with section 22C(6)
of the Children Act 1989 (c. 41)
or section 81(6) of the Social Services and Well-being (Wales) Act 2014
..., or
b
accommodation is provided by a voluntary organisation under section 59(1) of
the Children Act 1989
...,
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
in Wales,
an independent clinic,
c
a care home, ...
d
a community home, voluntary home or children’s home,
or
e
a home provided under section 82(5) of the Children Act 1989, ...
f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
a place in Wales at which a care home service is provided,
h
premises in Wales at which a secure accommodation 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.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 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)
or section 76 or 77 of the Social Services and Well-being (Wales) Act 2014
, ...
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989
... 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
aa
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,
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
or 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),
...
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
d
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.
Ss. 16-24 repealed (N.I.) (2.2.2009) by The Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1, 78(b), Sch. 3 (with Sch. 2 par. 1); S.R. 2008/510, art. 2
Words in s. 21(3)(a) substituted (E.W.) (1.4.2011 for E., 6.4.2016 for W.) by Children and Young Persons Act 2008 (c. 23), ss. 8(2), 44(4), Sch. 1 para. 15; S.I. 2010/2981, art. 4(a); S.I. 2016/452, art. 2(b)
Words in s. 21(3)(a) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(a); S.R. 2008/510, art. 2
Words in s. 21(3)(b) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(2)(b); S.R. 2008/510, art. 2
Words in s. 21(4)(b) inserted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 13(2)
Words in s. 21(4)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(a); S.R. 2008/510, art. 2
Word in s. 21(4)(d) inserted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(b); S.R. 2008/510, art. 2
Word in s. 21(4)(e) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(c); S.R. 2008/510, art. 2
S. 21(4)(f) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(3)(d); S.R. 2008/510, art. 2
S. 21(6) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(4); S.R. 2008/510, art. 2
S. 21(7)(b) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 81; S.I. 2008/3077, art. 4(g)
S. 21(8)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(5); S.R. 2008/510, art. 2
Words in s. 21(9) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(6); S.R. 2008/510, art. 2
S. 21(10)(b) and preceding word omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(7); S.R. 2008/510, art. 2
Words in s. 21(12)(a) inserted (E.W.) (1.4.2005) by Children Act 2004 (c. 31), ss. 40, 67, Sch. 3 para. 18; S.I. 2005/700, art. 2(2)
Words in s. 21(12)(c) omitted (2.2.2009) by virtue of The Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), arts. 2(3), 6(8); S.R. 2008/510, art. 2
S. 21(12)(d) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(c)
Word in s. 21(12)(b) omitted (6.4.2011) by virtue of The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(a)
Word in s. 21(12)(c) inserted (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), art. 15(b)
Words in s. 21(3)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(a)
Words in s. 21(3)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(b)
Words in s. 21(8)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(c)
Word in s. 21(10)(a) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(d)
S. 21(10)(aa) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 202(e)
S. 21(4)(g) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 21
S. 21(4)(h) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 24