Children Act 2004

[F1 16LC Consistent identifiers for children E+W

(1) The Secretary of State may by regulations make provision for or in connection with—

(a) specifying a description of consistent identifier for the purposes of this section;

(b) requiring or authorising the disclosure of the consistent identifier to a designated person for the purpose of enabling the designated person to comply with subsection (5).

(2) A disclosure required or authorised by the regulations does not breach any obligation of confidence owed by the person disclosing the identifier.

(3) “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—

(a) relates to a child, and

(b) forms part of a set of similar identifiers that is of general application.

(4) Subsection (5) applies if—

(a) a designated person (see subsection (10)) processes information about a child, and

(b) the child is one to whom a consistent identifier of the description specified under subsection (1) relates.

(5) If this subsection applies the designated person must include the consistent identifier in the information processed (but this is subject to subsections (6) to (8)).

(6) Subsection (5) applies only so far as the designated person considers that the inclusion of the consistent identifier is likely to facilitate the exercise by any person of a function of that person that relates to safeguarding or promoting the welfare of children.

(7) Subsection (5) does not apply if the designated person considers that including the consistent identifier in the information processed would be more detrimental to the child than not including it.

(8) The designated person need not comply with subsection (5) if—

(a) it does not know the consistent identifier, and

(b) it reasonably considers that finding it out would cause unreasonable delay to the processing of the information.

(9) A designated person’s compliance with subsection (5) does not breach any obligation of confidence owed by the designated person.

(10) In this section “designated person” means a person designated for the purposes of this section in regulations made by the Secretary of State.

(11) A person may be designated as mentioned in subsection (10) only if the person is—

(a) a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare), or

(b) a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children).

(12) A designated person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.

(13) Where a person (a “service provider”) provides services pursuant to arrangements made by a designated person in connection with the exercise of any function of the designated person that relates to safeguarding or promoting the welfare of children, this section applies to the service provider as it applies to the designated person.

(14) The reference in subsection (6) to the inclusion of a consistent identifier being likely to facilitate the exercise of a function is to it being likely to facilitate that exercise directly (rather than by means of a trial, study, audit or any other indirect means).

(15) In this section, “processes”, “processed” and “processing” are to be read in accordance with the meaning of “processing” in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).]

Textual Amendments

F1 Ss. 16LA-16LD and cross-heading inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 4, 78(1)(a)(5)