Explanatory Notes

Children and Families Act 2014

2014 CHAPTER 6

13 March 2014

Commentary on Sections

Part 6 - the Children’s Commissioner

Section 108: Provision by Commissioner of advice and assistance to certain children

444.New section 2D (inserted into the 2004 Act by section 80) provides for a new power that enables the Commissioner to provide advice and assistance to children and young people defined in new section 8A. This enables the role previously carried out by the Children’s Rights Director to be carried forward under the new arrangements. Section 116 provides for the abolition of the office of Children’s Rights Director, alongside relevant transfers to the Commissioner’s office.

445.In practice, it is not envisaged that this will involve providing a full casework function. The advice and assistance role will normally entail signposting the individual to an existing complaints process, or making representations on their behalf to the relevant organisation, with a view to resolving the matter informally.