(3) A local authority in England must make arrangements with a view to avoiding
or resolving, in each relevant school or post-16 institution, disagreements
within subsection (4).

(4) The disagreements are those about the special educational provision made for
5a child or young person with special educational needs who is a registered
pupil or a student at the relevant school or post-16 institution concerned,
where the disagreement is between—

(a) the child’s parent, or the young person, and

(b) the appropriate authority for the school or post-16 institution.

(5) 10Arrangements within this section must provide for the appointment of
independent persons with the function of facilitating the avoidance or
resolution of the disagreements to which the arrangements apply.

For this purpose, a person who is employed by a local authority in England is
not independent.

15For this purpose, a person who is employed by a local authority in England is
not independent.

(6) A local authority in England must take such steps as it thinks appropriate for
making the arrangements under this section known to—

(a) the parents of children in its area with special educational needs,

(b) 20young people in its area with special educational needs, and

(c) the head teachers, governing bodies, proprietors and principals of
schools and post-16 institutions in its area.

(7) A local authority in England may take such steps as it thinks appropriate for
making the arrangements under this section known to such other persons as it
25thinks appropriate.

(8) In this section—

• “relevant body” means—

  (a)

  the governing body of a maintained school, maintained nursery
  school or institution within the further education sector;

  (b)

  30the proprietor of an Academy;

• “relevant school or post-16 institution” means—

  (a)

  a maintained school;

  (b)

  a maintained nursery school;

  (c)

  a post-16 institution;

  (d)

  35an Academy;

  (e)

  an independent school;

  (f)

  a non-maintained special school;

  (g)

  a pupil referral unit;

  (h)

  a place at which relevant early years education is provided.

(9) 40For the purposes of this section, the “appropriate authority” for a relevant
school or post-16 institution is—

(a) in the case of a maintained school, maintained nursery school or non-
maintained special school, the governing body;

(b) in the case of a post-16 institution, the governing body, proprietor or
45principal;

(c) in the case of an Academy or independent school, the proprietor;

(d) in the case of a pupil referral unit, the management committee;

(e) in the case of a place at which relevant early years education is
provided, the provider of the relevant early years education.

54 Appeals and claims by children: pilot schemes

(1) The Secretary of State may by order make pilot schemes enabling children in
England to—

(a) appeal to the First-tier Tribunal under section 51;

(b) 5make a claim to the First-tier Tribunal under Schedule 17 to the
Equality Act 2010 (disabled pupils: enforcement) that a responsible
body in England has contravened Chapter 1 of Part 6 of that Act
because of the child’s disability.

(2) An order under subsection (1) may, in particular, make provision—

(a) 10about the age from which children may appeal or make a claim;

(b) in respect of appeals under section 51, about mediation and the
application of section 52;

(c) about the bringing of appeals or making of claims by a child and by his
or her parent concurrently;

(d) 15about determining whether a child is capable of bringing an appeal or
making a claim, and the assistance and support a child may require to
be able to do so;

(e) enabling a person to exercise a child’s rights under an order under
subsection (1) on behalf of the child;

(f) 20enabling children to have access to advice and information which is
available to a parent or young person in respect of an appeal or claim
of a kind mentioned in subsection (1);

(g) about the provision of advocacy and other support services to children;

(h) requiring notices to be given to a child (as well as to his or her parent);

(i) 25requiring documents to be served on a child (as well as on his or her
parent).

(3) An order under subsection (1) may apply a statutory provision, with or
without modifications.

(4) In subsection (3), “statutory provision” means a provision made by or under
30this or any other Act, whenever passed or made.

(5) This section is repealed at the end of five years beginning with the day on
which this Act is passed.

55 Appeals and claims by children: follow-up provision

(1) The Secretary of State may by order provide that children in England may—

(a) 35appeal to the First-tier Tribunal under section 51;

(b) make a claim to the First-tier Tribunal under Schedule 17 to the
Equality Act 2010 (disabled pupils: enforcement) that a responsible
body in England has contravened Chapter 1 of Part 6 of that Act
because of the child’s disability.

(2) 40The Secretary of State may not make an order under subsection (1) until the
end of two years beginning with the day on which the first order is made under
section 54(1).

(3) An order under subsection (1) may, in particular, make provision—

(a) about the age from which children may appeal or make a claim;

(b) 45in respect of appeals under section 51, about mediation and the
application of section 52;

(c) about the bringing of appeals or making of claims by a child and by his
or her parent concurrently;

(d) about determining whether a child is capable of bringing an appeal or
making a claim, and the assistance and support a child may require to
5be able to do so;

(e) enabling a person to exercise a child’s rights under an order under
subsection (1) on behalf of the child;

(f) enabling children to have access to advice and information which is
available to a parent or young person in respect of an appeal or claim
10of a kind mentioned in subsection (1);

(g) about the provision of advocacy and other support services to children;

(h) requiring notices to be given to a child (as well as to his or her parent);

(i) requiring documents to be served on a child (as well as on his or her
parent).

(4) 15An order under subsection (1) may—

(a) amend, repeal or revoke a statutory provision, or

(b) apply a statutory provision, with or without modifications.

(5) In subsection (4), “statutory provision” means a provision made by or under
this or any other Act, whenever passed or made.

56 20Equality Act 2010: claims against schools by disabled young people

In Part 2 of Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement
in tribunals in England and Wales), in paragraph 3 (who may make a claim that
a school has contravened Chapter 1 of Part 6 of that Act because of a person’s
disability) for “to the Tribunal by the person’s parent” substitute “—

(a) 25to the English Tribunal by the person’s parent or, if the
person is over compulsory school age, the person;

(b) to the Welsh Tribunal by the person’s parent.”

Special educational provision: functions of local authorities

57 Special educational provision otherwise than in schools, post-16 institutions
30etc

(1) A local authority in England may arrange for any special educational provision
that it has decided is necessary for a child or young person for whom it is
responsible to be made otherwise than in a school or post-16 institution or a
place at which relevant early years education is provided.

(2) 35An authority may do so only if satisfied that it would be inappropriate for the
provision to be made in a school or post-16 institution or at such a place.

(3) Before doing so, the authority must consult the child’s parent or the young
person.

58 Special educational provision outside England and Wales

(1) 40This section applies where a local authority in England makes arrangements
for a child or young person for whom it maintains an EHC plan to attend an
institution outside England and Wales which specialises in providing for
children or young people with special educational needs.

(2) The arrangements may (in particular) include contributing to or paying—

(a) fees charged by the institution;

(b) the child’s or young person’s travelling expenses;

(c) expenses reasonably incurred in maintaining the child or young person
5while at the institution or travelling to or from it;

(d) expenses reasonably incurred by someone accompanying the child or
young person while travelling to or from the institution or staying
there.

59 Fees for special educational provision at non-maintained schools and post-16
10institutions

(1) Subsection (2) applies where—

(a) a local authority maintains an EHC plan for a child or young person,

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
15years education is provided, and

(c) that school, institution or place is named in the EHC plan.

(2) The local authority must pay any fees payable in respect of education or
training provided for the child or young person at that school, institution or
place in accordance with the EHC plan.

(3) 20Subsection (4) applies where—

(a) a local authority is responsible for a child or young person for whom no
EHC plan is maintained,

(b) special educational provision in respect of the child or young person is
made at a school, post-16 institution or place at which relevant early
25years education is provided, and

(c) the local authority is satisfied that—

(i) the interests of the child or young person require special
educational provision to be made, and

(ii) it is appropriate for education or training to be provided to the
30child or young person at the school, institution or place in
question.

(4) The local authority must pay any fees payable in respect of the special
educational provision made at the school, institution or place in question
which is required to meet the special educational needs of the child or young
35person.

(5) Where board and lodging are provided for the child or young person at the
school, post-16 institution or place mentioned in subsection (2) or (4), the
authority must also pay any fees in respect of the board and lodging, if satisfied
that special educational provision cannot be provided at the school, post-16
40institution or place unless the board and lodging are also provided.

60 Supply of goods and services

(1) A local authority in England may supply goods and services to—

(a) the governing body of a maintained school or maintained nursery
school in England;

(b) 45the proprietor of an Academy;

(c) the governing body of an institution within the further education sector
that the authority thinks is or is to be attended by a young person for
whom the authority maintains an EHC plan,

but only for the purpose set out in subsection (2).

(2) 5The purpose is that of assisting the governing body or proprietor in the
performance of—

(a) any duty imposed on the body under section 62(2) (duty to use best
endeavours to secure special educational provision called for by special
educational needs);

(b) 10in the case of a governing body of a community or foundation special
school, any duty imposed on the body.

(3) The goods and services may be supplied on the terms and conditions that the
authority thinks fit, including terms as to payment.

(4) A local authority in England may supply goods and services to any authority
15or other person (other than a governing body or proprietor within subsection
(1)), but only for the purpose set out in subsection (5).

(5) The purpose is that of assisting the authority or other person in making special
educational provision for a child who is receiving relevant early years
education, in a case where the authority has decided that the special
20educational provision is necessary for the child.

61 Access to schools, post-16 institutions and other institutions

(1) This section applies where a local authority in England maintains an EHC plan
for a child or young person.

(2) A person authorised by the authority is entitled to have access at any
25reasonable time to the premises of a school, post-16 institution or other
institution at which education or training is provided in pursuance of the plan,
for the purpose of monitoring the education or training.

(3) Subsection (2) does not apply to the premises of a mainstream post-16
institution in Wales.

30Special educational provision: functions of governing bodies and others

62 Using best endeavours to secure special educational provision

(1) This section imposes duties on the appropriate authorities for the following
schools and other institutions in England—

(a) mainstream schools;

(b) 35maintained nursery schools;

(c) 16 to 19 Academies;

(d) alternative provision Academies;

(e) institutions within the further education sector;

(f) pupil referral units.

(2) 40If a registered pupil or a student at a school or other institution has special
educational needs, the appropriate authority must, in exercising its functions
in relation to the school or other institution, use its best endeavours to secure

that the special educational provision called for by the pupil’s or student’s
special educational needs is made.

(3) The “appropriate authority” for a school or other institution is—

(a) in the case of a maintained school, maintained nursery school or
5institution within the further education sector, the governing body;

(b) in the case of an Academy, the proprietor;

(c) in the case of a pupil referral unit, the management committee.

63 SEN co-ordinators

(1) This section imposes duties on the appropriate authorities of the following
10schools in England—

(a) mainstream schools;

(b) maintained nursery schools.

(2) The appropriate authority must designate a member of staff at the school (to be
known as the “SEN co-ordinator”) as having responsibility for co-ordinating
15the provision for pupils with special educational needs.

(3) Regulations may—

(a) require appropriate authorities which are subject to the duty imposed
by subsection (2) to ensure that SEN co-ordinators have prescribed
qualifications or prescribed experience (or both);

(b) 20confer other functions relating to SEN co-ordinators on appropriate
authorities which are subject to the duty imposed by subsection (2).

(4) The “appropriate authority” for a school is—

(a) in the case of a maintained school or maintained nursery school, the
governing body;

(b) 25in the case of an Academy, the proprietor.

64 Informing parents and young people

(1) This section applies if—

(a) special educational provision is made for a child or young person at a
maintained school, a maintained nursery school, an Academy school,
30an alternative provision Academy or a pupil referral unit, and

(b) no EHC plan is maintained for the child or young person.

(2) The appropriate authority for the school must inform the child’s parent or the
young person that special educational provision is being made for the child or
young person.

(3) 35The “appropriate authority” for a school is—

(a) in the case of a maintained school or maintained nursery school, the
governing body;

(b) in the case of an Academy school or an alternative provision Academy,
the proprietor;

(c) 40in the case of a pupil referral unit, the management committee.

65 SEN information report

(1) This section imposes a duty on—

(a) the governing bodies of maintained schools and maintained nursery
schools in England, and

(b) the proprietors of Academy schools.

(2) A governing body or proprietor must prepare a report containing SEN
5information.

(3) “SEN information” is—

(a) such information as may be prescribed about the implementation of the
governing body’s or proprietor’s policy for pupils at the school with
special educational needs;

(b) 10information as to—

(i) the arrangements for the admission of disabled persons as
pupils at the school;

(ii) the steps taken to prevent disabled pupils from being treated
less favourably than other pupils;

(iii) 15the facilities provided to assist access to the school by disabled
pupils;

(iv) the plan prepared by the governing body or proprietor under
paragraph 3 of Schedule 10 to the Equality Act 2010
(accessibility plan).

(4) 20In this section—

• “disabled person” means a person who is a disabled person for the
  purposes of the Equality Act 2010;

• “disabled pupil” includes a disabled person who may be admitted to a
  school as a pupil.

25Information to improve well-being of children and young people with SEN

66 Provision and publication of special needs information

(1) The Secretary of State must exercise the powers listed in subsection (2) with a
view to securing, in particular, the provision of special needs information
which the Secretary of State thinks would be likely to assist the Secretary of
30State or others in improving the well-being of—

(a) children in England with special educational needs, and

(b) young people aged under 19 in England with special educational
needs.

(2) The powers are those of the Secretary of State under the following provisions
35of EA 1996 (so far as relating to England)—

(a) section 29 (information from local authorities for purposes of Secretary
of State’s functions);

(b) section 408 (information in relation to maintained schools);

(c) section 537 (information about schools);

(d) 40section 537A (information about individual pupils);

(e) section 537B (information about children receiving funded education
outside school);

(f) section 538 (information from governing bodies for purposes of
Secretary of State’s education functions).

(3) In each calendar year, the Secretary of State must publish, or arrange to be
published, special needs information which has been obtained under EA 1996,
where the Secretary of State thinks the publication of the information would be
likely to assist the Secretary of State or others in improving the well-being of —

(a) 5children in England with special educational needs, and

(b) young people aged under 19 in England with special educational
needs.

(4) Information published under subsection (3) must be published in the form and
manner that the Secretary of State thinks fit, except that the names of the
10children and young people to whom the information relates must not be
included.

(5) The Secretary of State may make a charge, or arrange for a charge to be made,
for documents supplied by virtue of this section.

(6) A charge under subsection (5) must not exceed the cost of supply.

(7) 15“Special needs information” means—

(a) information about children, and young people, in England with special
educational needs, and

(b) information about special educational provision made for those
children and young people.

(8) 20References in this section to the well-being of children and young people with
special educational needs are to their well-being so far as relating to—

(a) physical and mental health and emotional well-being;

(b) protection from abuse and neglect;

(c) control by them over their day-to-day lives;

(d) 25participation in education, training or recreation;

(e) social and economic well-being;

(f) domestic, family and personal relationships;

(g) the contribution made by them to society.

Code of practice

67 30Code of practice

(1) The Secretary of State must issue a code of practice giving guidance about the
exercise of their functions under this Part to—

(a) local authorities in England;

(b) the governing bodies of schools;

(c) 35the governing bodies of institutions within the further education sector;

(d) the proprietors of Academies;

(e) the management committees of pupil referral units;

(f) the proprietors of institutions approved by the Secretary of State under
section 41 (independent special schools and special post-16 institutions:
40approval);

(g) providers of relevant early years education;

(h) the National Health Service Commissioning Board;

(i) clinical commissioning groups;

(j) NHS trusts;

(k) NHS foundation trusts;

(l) Local Health Boards.

(2) The Secretary of State may revise the code from time to time.

(3) The Secretary of State must publish the current version of the code.

(4) 5The persons listed in subsection (1) must have regard to the code in exercising
their functions under this Part.

(5) Those who exercise functions for the purpose of the exercise by those persons
of functions under this Part must also have regard to the code.

(6) The First-tier Tribunal must have regard to any provision of the code that
10appears to it to be relevant to a question arising on an appeal under this Part.

68 Making and approval of code

(1) Where the Secretary of State proposes to issue or revise a code under section
67, the Secretary of State must prepare a draft of the code (or revised code).

(2) The Secretary of State must consult such persons as the Secretary of State
15thinks fit about the draft and must consider any representations made by them.

(3) If the Secretary of State decides to proceed with the draft (in its original form
or with modifications), the Secretary of State must lay a copy of the draft before
each House of Parliament.

(4) If, within the 40-day period, either House resolves not to approve the draft, the
20Secretary of State may not take any further steps in relation to the proposed
code (or proposed revised code).

(5) If no such resolution is made within the 40-day period, the Secretary of State
must issue the code (or revised code) in the form of the draft, and it comes into
force on such date as the Secretary of State may by order appoint.

(6) 25Subsection (4) does not prevent a new draft of a proposed code (or proposed
revised code) from being laid before Parliament.

(7) In this section “40-day period”, in relation to the draft of a proposed code (or
proposed revised code), means—

(a) if the draft is laid before one House on a later day than the day on which
30it is laid before the other, the period of 40 days beginning with the later
of the two days, and

(b) in any other case, the period of 40 days beginning with the day on
which the draft is laid before each House.

(8) For the purposes of subsection (7), no account is to be taken of any period
35during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.

Supplementary

69 Parents and young people lacking capacity

(1) Regulations may apply any statutory provision with modifications, for the
40purpose of giving effect to this Part in a case where the parent of a child, or a
young person, lacks capacity at the relevant time.

(2) Regulations under subsection (1) may in particular include provision for—

(a) references to a child’s parent to be read as references to, or as including
references to, a representative of the parent;

(b) references to a young person to be read as references to, or as including
5references to, a representative of the young person, the young person’s
parent, or a representative of the young person’s parent;

(c) modifications to have effect in spite of section 27(1)(g) of the Mental
Capacity Act 2005 (Act does not permit decisions on discharging
parental responsibilities in matters not relating to a child’s property to
10be made on a person’s behalf).

(3) “Statutory provision” means a provision made by or under this or any other
Act, whenever passed or made.

(4) “The relevant time” means the time at which, under the statutory provision in
question, something is required or permitted to be done by or in relation to the
15parent or young person.

(5) The reference in subsection (1) to lacking capacity is to lacking capacity within
the meaning of the Mental Capacity Act 2005.

(6) “Representative”, in relation to a parent or young person, means—

(a) a deputy appointed by the Court of Protection under section 16(2)(b) of
20the Mental Capacity Act 2005 to make decisions on the parent’s or
young person’s behalf in relation to matters within this Part;

(b) the donee of a lasting power of attorney (within the meaning of section
9 of that Act) appointed by the parent or young person to make
decisions on his or her behalf in relation to matters within this Part;

(c) 25an attorney in whom an enduring power of attorney (within the
meaning of Schedule 4 to that Act) created by the parent or young
person is vested, where the power of attorney is registered in
accordance with paragraphs 4 and 13 of that Schedule or an application
for registration of the power of attorney has been made.

70 30Part does not apply to detained children and young people

Nothing in or made under this Part applies to a child or young person who is
detained in pursuance of—

(a) an order made by a court, or

(b) an order of recall made by the Secretary of State.

71 35Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in
England

Chapter 1 of Part 4 of EA 1996 (children with special educational needs) ceases
to apply in relation to children in the area of a local authority in England.

72 Consequential amendments

40Schedule 3 (amendments consequential on this Part) has effect.

73 Interpretation of Part 3

(1) In this Part—

Children and Families BillPage 50

• “EA 1996” means the Education Act 1996;

• “ESA 2008” means the Education and Skills Act 2008;

• “SSFA 1998” means the School Standards and Framework Act 1998.

(2) In this Part—

• 5“education, health and care provision” has the meaning given by section
  26(2);

• “EHC needs assessment” has the meaning given by section 36(2);

• “EHC plan” means a plan within section 37(2);

• “health care provision” has the meaning given by section 21(3);

• 10“mainstream post-16 institution” means a post-16 institution that is not a
  special post-16 institution;

• “mainstream school” means—

  (a)

  a maintained school that is not a special school, or

  (b)

  an Academy school that is not a special school;

• 15“maintained school” means—

  (a)

  a community, foundation or voluntary school, or

  (b)

  a community or foundation special school not established in a
  hospital;

• “post-16 institution” means an institution which—

  (a)

  20provides education or training for those over compulsory
  school age, but

  (b)

  is not a school or other institution which is within the higher
  education sector or which provides only higher education;

• “proprietor”, in relation to an institution that is not a school, means the
  25person or body of persons responsible for the management of the
  institution;

• “relevant early years education” has the meaning given by section 123 of
  SSFA 1998;

• “social care provision” has the meaning given by section 21(4);

• 30“social services functions” in relation to a local authority has the same
  meaning as in the Local Authority Social Services Act 1970;

• “special educational needs” has the meaning given by section 20(1);

• “special educational provision” has the meaning given by section 21(1)
  and (2);

• 35“special post-16 institution” means a post-16 institution that is specially
  organised to make special educational provision for students with
  special educational needs;

• “training” has the same meaning as in section 15ZA of EA 1996;

• “young person” means a person over compulsory school age but under
  4025.

(3) A reference in this Part to “education”—

(a) includes a reference to full-time and part-time education, but

(b) does not include a reference to higher education,

and “educational” and “educate” (and other related terms) are to be read
45accordingly.

(4) A reference in this Part to—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school,

is to such a school within the meaning of SSFA 1998.

(5) A reference in this Part to a child or young person who is “in the area” of a local
authority in England does not include a child or young person who is wholly
or mainly resident in the area of a local authority in Wales.

(6) 5EA 1996 and the preceding provisions of this Part (except so far as they amend
other Acts) are to be read as if those provisions were contained in EA 1996.

Part 4 Childcare etc

74 Childminder agencies

10Schedule 4 (amendments to the Childcare Act 2006 to provide for the
registration of childminder agencies on the childcare registers and the
registration of certain childcare providers with those agencies, and other
related amendments) has effect.

75 Inspections at request of providers of childcare to young children

15In section 49 of the Childcare Act 2006 (inspections of early years provision),
after subsection (5) insert—

“(5A) The Chief Inspector may charge a prescribed fee for conducting an
inspection of early years provision where—

(a) the inspection is conducted at the request of a registered person
20who provides that early years provision, and

(b) the Chief Inspector is required by the Secretary of State under
subsection (2)(b) to conduct that inspection.”

76 Repeal of local authority’s duty to assess sufficiency of childcare provision

Section 11 of the Childcare Act 2006 (duty of local authority in England to
25assess sufficiency of childcare provision) is repealed.

77 Governing bodies: provision of community facilities

(1) Section 28 of the Education Act 2002 (limits on the powers of governing bodies
of maintained schools to provide community facilities etc under section 27) is
amended as follows.

(2) 30In subsection (4), for “a governing body” substitute “the governing body of a
maintained school in Wales”.

(3) Omit subsection (4C).

(4) In subsection (5)—

(a) for “a governing body” substitute “the governing body of a maintained
35school in Wales”, and

(b) in paragraph (a) omit “(in relation to England) by the Secretary of State
or (in relation to Wales)”.

78 Childcare costs scheme: preparatory expenditure

The Commissioners for Her Majesty’s Revenue and Customs may incur
expenditure in preparing for the introduction of a scheme for providing
assistance in respect of the costs of childcare.

5Part 5 The Children’s Commissioner

79 Primary function of the Children’s Commissioner

For section 2 of the Children Act 2004 (general function of the Children’s
Commissioner) substitute—

“2 10Primary function: children’s rights, views and interests

(1) The Children’s Commissioner’s primary function is promoting and
protecting the rights of children in England.

(2) The primary function includes promoting awareness of the views and
interests of children in England.

(3) 15In the discharge of the primary function the Children’s Commissioner
may, in particular—

(a) advise persons exercising functions or engaged in activities
affecting children on how to act compatibly with the rights of
children;

(b) 20encourage such persons to take account of the views and
interests of children;

(c) advise the Secretary of State on the rights, views and interests of
children;

(d) consider the potential effect on the rights of children of
25government policy proposals and government proposals for
legislation;

(e) bring any matter to the attention of either House of Parliament;

(f) investigate the availability and effectiveness of complaints
procedures so far as relating to children;

(g) 30investigate the availability and effectiveness of advocacy
services for children;

(h) investigate any other matter relating to the rights or interests of
children;

(i) monitor the implementation in England of the United Nations
35Convention on the Rights of the Child;

(j) publish a report on any matter considered or investigated under
this section.

(4) In the discharge of the primary function, the Children’s Commissioner
must have particular regard to the rights of children who are within
40section 8A (children living away from home or receiving social care)
and other groups of children who the Commissioner considers to be at
particular risk of having their rights infringed.

(5) The Children’s Commissioner may not conduct an investigation of the
case of an individual child in the discharge of the primary function.

2A United Nations Convention on the Rights of the Child

(1) The Children’s Commissioner must have regard to the United Nations
Convention on the Rights of the Child in considering for the purposes
of the primary function what constitute the rights and interests of
5children (generally or so far as relating to a particular matter).

(2) The references in section 2(3)(i) and this section to the United Nations
Convention on the Rights of the Child are to the Convention on the
Rights of the Child adopted by the General Assembly of the United
Nations on 20th November 1989 (including any Protocols to that
10Convention which are in force in relation to the United Kingdom),
subject to any reservations, objections or interpretative declarations by
the United Kingdom for the time being in force.

2B Involving children in the discharge of the primary function

(1) The Children’s Commissioner must take reasonable steps to involve
15children in the discharge of the primary function.

(2) The Commissioner must in particular take reasonable steps to—

(a) ensure that children are aware of the Commissioner’s primary
function and how they may communicate with him or her, and

(b) consult children, and organisations working with children, on
20the matters the Commissioner proposes to consider or
investigate in the discharge of the primary function.

(3) The Children’s Commissioner must for the purposes of this section
have particular regard to children who are within section 8A (children
living away from home or receiving social care) and other groups of
25children who the Commissioner considers do not have adequate means
by which they can make their views known.

2C Primary function: reports

(1) This section applies where the Children’s Commissioner publishes a
report in the discharge of the primary function.

(2) 30The Commissioner must, if and to the extent he or she considers it
appropriate, also publish the report in a version which is suitable for
children (or, if the report relates to a particular group of children, for
those children).

(3) Where the report contains recommendations about the exercise by a
35person of functions of a public nature, the Commissioner may require
that person to state in writing, within such period as the Commissioner
may reasonably require, what action the person has taken or proposes
to take in response to the recommendations.”

80 Provision by Commissioner of advice and assistance to certain children

40After section 2C of the Children Act 2004 (as inserted by section 79) insert—

“2D Provision of advice and assistance to certain children in England

(1) The Children’s Commissioner may provide advice and assistance to
any child who is within section 8A (children living away from home or
receiving social care).

(2) The Children’s Commissioner may in particular under this section
make representations on behalf of a child who is within section 8A to a
person in England who is—

(a) providing the child with accommodation or services, or

(b) 5otherwise exercising functions in relation to the child.”

81 Commissioner’s powers to enter premises

After section 2D of the Children Act 2004 (as inserted by section 80) insert—

“2E Powers to enter premises to conduct interviews or observe standards

(1) This section applies for the purposes of the Children’s Commissioner’s
10primary function and the function under section 2D.

(2) The Children’s Commissioner, or a person authorised by the
Commissioner, may at any reasonable time enter any premises, other
than a private dwelling—

(a) for the purpose of interviewing a child, or

(b) 15for the purpose of observing the standard of care provided to
children accommodated or otherwise cared for there.

(3) An interview of a child under subsection (2)(a) may be conducted in
private, if the child consents.

(4) A person who enters premises under subsection (1) may interview any
20person present on the premises who works there.

(5) It is immaterial for the purposes of subsection (4) whether a person’s
work is paid, or under a contract of employment.”

82 Provision of information to Commissioner

After section 2E of the Children Act 2004 (as inserted by section 81) insert—

“2F 25Provision of information to Commissioner

(1) Any person exercising functions of a public nature must supply the
Children’s Commissioner with such information in that person’s
possession relating to those functions as the Commissioner may
reasonably request for the purposes of the primary function or the
30function under section 2D.

(2) The information must be information which that person would, apart
from subsection (1), lawfully be able to disclose to the Commissioner.”

83 Advisory board

After section 7 of the Children Act 2004 insert—

“7A 35Advisory board

(1) The Children’s Commissioner must appoint an advisory board to
provide the Commissioner with advice and assistance relating to the
discharge of his or her functions.

(2) The advisory board must consist of persons who (taken together)
represent a broad range of interests which are relevant to the Children’s
Commissioner’s functions.

(3) The Children’s Commissioner must from time to time publish a report
5on the procedure followed and the criteria used when making
appointments to the advisory board.”

84 Business plans

After section 7A of the Children Act 2004 (as inserted by section 83) insert—

“7B Business plans

(1) 10The Children’s Commissioner must publish a business plan which sets
out, in relation to the discharge of the Commissioner’s functions—

(a) the Commissioner’s proposed main activities for the period
covered by the plan (including the matters he or she intends to
consider or investigate), and

(b) 15the Commissioner’s proposed strategic priorities for that
period.