2018 No. 789
The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018
Made
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16B(1) and (6), 16E(3) and 16F(6) of the Children Act 20041.
In accordance with section 66(3) of that Act a draft of these Regulations has been laid before Parliament and approved by a resolution of each House of Parliament2.
PART 1General
Citation and commencement1
These Regulations may be cited as the Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018 and come into force on the day after the day on which they are made.
Interpretation2
In these Regulations—
“the Act” means the Children Act 2004; and
“the Panel” means the Child Safeguarding Practice Review Panel3.
PART 2National Reviews
National review criteria3
The criteria to be taken into account by the Panel for the purpose of section 16B(1) of the Act include whether the case in question—
a
highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;
b
raises or may raise issues requiring legislative change or changes to guidance issued under or further to any enactment;
c
highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children.
Eligibility and selection process for appointment as a reviewer4
1
The Panel must set up a pool of potential reviewers to conduct reviews of serious child safeguarding cases under section 16B(2) of the Act.
2
The Panel must ensure that the pool of potential reviewers be made publicly available by such means as it considers appropriate.
3
Where the Panel considers it appropriate for a serious child safeguarding case to be reviewed they must, subject to paragraph (4), select one or more persons from the pool of potential reviewers to conduct the review.
4
If the Panel considers that there are no potential reviewers in the pool with availability or suitable experience for the review, they may select a person as a potential reviewer who is not in the pool.
5
Where the Panel has selected a person under paragraphs (3) or (4) they may recommend that reviewer to the Secretary of State who will confirm the appointment.
Removal of a reviewer5
1
The Panel may remove a person from the pool of potential reviewers at any time.
2
Where, following a reviewer’s appointment but prior to a report or information relating to improvements being published, the Panel determines that a reviewer should be removed from a review, the Secretary of State must remove the reviewer from the review.
3
Where the Secretary of State removes a reviewer from a review prior to a review being completed, the Panel must consider appointing another reviewer, in accordance with regulation 4(3) and (4).
Payments of remuneration or expenses to a reviewer6
The Secretary of State may pay remuneration or expenses to a reviewer.
Panel’s supervisory powers7
1
The Panel must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.
2
The Panel may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.
3
Such a request must be made in writing.
Form and content of a report8
The report must include—
a
a summary of any improvements being recommended to the safeguarding partners, or others, to safeguard and promote the welfare of children; and
b
an analysis of any systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.
Provision of the report and information to Secretary of State9
1
The Panel must provide a copy of the report to the Secretary of State no later than 7 days prior to the date of publication of that report.
2
Where the Panel decide, further to section 16B(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State, no later than 7 days prior to the date of publication of that information.
Publication of the report and information10
Where the Panel publishes a report, or information relating to improvements to be made, the Panel must ensure that the report or information published remains publicly available for a minimum of three years following publication.
PART 3Local Reviews
Local review criteria11
The criteria to be taken into account by the safeguarding partners4 for the purpose of section 16F(1) of the Act include whether the case in question—
a
highlights or may highlight improvements needed to safeguard and promote the welfare of children, including where those improvements have been previously identified;
b
highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children;
c
highlights or may highlight concerns regarding two or more agencies working together effectively to safeguard and promote the welfare of children;
d
is one which the Child Safeguarding Practice Review Panel have considered and concluded a local review may be more appropriate.
Appointment of a reviewer12
The safeguarding partners must appoint a reviewer to conduct a local review.
Removal of a reviewer13
The safeguarding partners may remove a reviewer from a review at any time prior to the report of the review, or information relating to improvements, being published.
Procedure for a review14
1
The safeguarding partners must monitor the time being taken to conduct a review and the quality of the review at regular intervals during the course of the review.
2
The safeguarding partners may, for the purpose of assessing the progress and quality of a review, request specified information or a draft report from the reviewer.
3
Such a request must be made in writing.
Form and content of report15
The report must include—
a
a summary of any recommended improvements to be made by persons in the area to safeguard and promote the welfare of children; and
b
an analysis of the systemic or underlying reasons why actions were taken or not taken in respect of matters covered by the report.
Provision of a report and information to the Secretary of State and the Panel16
1
The safeguarding partners must provide a copy of the report to the Secretary of State and the Panel no later than 7 days prior to the date of publication of that report.
2
Where the safeguarding partners decide, further to section 16F(5) of the Act, not to publish the report but only to publish information relating to improvements to be made, they must provide a copy of the report and the information to the Secretary of State and the Panel, no later than 7 days prior to the date of publication of that information.
Publication of the report and information17
Where the safeguarding partners publish a report or information relating to improvements to be made following the review, the safeguarding partners must ensure that the report or information published remains publicly available for a minimum of one year following publication.
PART 4Relevant Agencies
Relevant Agencies18
The agencies listed in the Schedule are relevant agencies for the purposes of section 16E(3) of the Act, to the extent that their activities are carried out in England.
SCHEDULERELEVANT AGENCIES
Education and childcare
1
The proprietor of an Academy school within the meaning given by section 1A of the Academies Act 20105.
2
The proprietor of a 16-19 Academy within the meaning given by section 1B of the Academies Act 2010.
3
The proprietor of an alternative provision Academy within the meaning given by section 1C of the Academies Act 2010.
4
The governing body of a maintained school within the meaning given by section 20(7) of the School Standards and Framework Act 19986.
5
The governing body of a maintained nursery school within the meaning given by section 22(9) of the School Standards and Framework Act 1998.
6
The governing body of a pupil referral unit within the meaning given by section 19(2) of the Education Act 19967.
7
The proprietor of an independent educational institution registered under section 95(1) of the Education and Skills Act 20088.
8
The proprietor of a school approved under section 342 of the Education Act 19969.
9
The proprietor of a Special post-16 institution within the meaning given by section 83(2) of the Children and Families Act 201410.
10
The governing body of an institution within the further education sector within the meaning given by section 91(3) of the Further and Higher Education Act 199211.
11
The governing body of an English higher education provider within the meaning of section 83 of the Higher Education and Research Act 201712.
12
Any provider of education or training—
a
to which Chapter 3 of Part 8 of the Education and Inspections Act 200613, and
b
in respect of which funding is provided by, or under arrangements made by, the Secretary of State.
13
A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare Act 200614.
14
The provider of a children’s centre within the meaning given by section 5A(4) of the Childcare Act 2006.15
Health and Social Care
15
The National Health Service Commissioning Board (known as NHS England) as established under section 1H(1) of the National Health Service Act 200616.
16
An NHS trust established under section 25 of the National Health Service Act 2006.
17
An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 200617.
18
The registered provider of an adoption support agency within the meaning given by section 8(1) of the Adoption and Children Act 200218.
19
The registered provider of a registered adoption society within the meaning given by section 2 of the Adoption and Children Act 200219.
20
A registered provider of a fostering agency within the meaning given by section 4 of the Care Standards Act 200020.
21
A registered provider of a children’s homes within the meaning given by section 1 of the Care Standards Act 200021.
22
A registered provider of residential family centre within the meaning given by section 4(2) of the Care Standards Act 2000.
23
Local Government24
District Councils within the meaning given by section 1(1) of the Local Government Act 197223.
Criminal Justice
25
The Children and Family Court Advisory and Support Service (Cafcass) as established under section 11 of the Criminal Justice and Court Services Act 200024.
26
A governor of a prison in England (or, in the case of a contracted out prison, its director)
27
Providers of probation services as defined by section 3(6) of the Offender Management Act 200725.
28
The principal of a secure college.
29
The governor of a secure training centre (or, in the case of a contracted out secure training centre, its director).
30
The governor of a young offender institution (or, in the case of a contracted out young offender institution its director)26.
31
Youth offending teams as established under section 39 of the Crime and Disorder Act 199827.
Police and Immigration
32
The British Transport Police as established under section 18(1) the Railways and Transport Safety Act 200328.
33
The Common Council of the City of London in its capacity as a police authority.
34
Port Police Forces as established under an order made under section 14 of the Harbours Act 196429, under Part 10 of the Port of London Act 196830, or under section 79 of the Harbours, Docks and Piers Clauses Act 1847 (c.27)31.
35
Any person or body for whom the Secretary of State must make arrangements for ensuring the discharge of functions under section 55 of the Borders Citizenship and Immigration Act 200932.
Miscellaneous
36
Charities within the meaning given by section 1 of the Charities Act 201133.
37
Religious Organisations as set out in regulation 34 of, and Schedule 3 to, the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 201234.
38
Any person or body involved in the provision, supervision or oversight of sport or leisure.
(This note is not part of the Regulations)