Part 1Sexual Offences

Abuse of position of trust

21Positions of trust

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.