ContactPoint: legislation
This page outlines the legal framework for ContactPoint and explains its
relationship to key legislation.
The purpose of ContactPoint is to support practitioners who are subject to the
duties specified in Section 10 and Section 11 of the Children Act 2004 i.e. the
duty to co-operate to improve well-being, and the duty to safeguard and promote
the welfare of all children in England.
Background
Section 12 of the Children Act 2004, which came into force on 1 January
2006, provides the legal basis for establishing ContactPoint, as well
as the legal framework for the regulations and guidance
which will govern its establishment and operation.
It is important to note that The Children Act 2004, and supporting regulations,
prohibit the inclusion of any case information on ContactPoint.
Regulations and statutory guidance
Documents
The Children Act 2004 Information Database (England) Regulations
2007 - August 2007
The Children Act 2004 Information Database (England) Regulations
2007 were made on 24 July 2007 and came into force on 1 August
2007.
These Regulations, made under section 12 of the Children Act
2004, detail the legal framework for the establishment and operation
of ContactPoint. They place a requirement on local authorities to participate
in the operation of the database; specify what information will be held;
who must, or can, provide information; how long information can
be retained; who can be granted access, and how accuracy will be
maintained.
A formal public consultation on the draft (information sharing index)
regulations ran from 21 September, and closed on 14 December 2006. You can
read the archived
consultation materials and draft regulations on the DCSF consultation
website.
Statutory guidance is currently being developed to provide additional details about the operation, security and use of ContactPoint. This guidance will cover issues such as how a record will be created and maintained, and how access to records will be granted and controlled. A formal consultation on the draft guidance ran from 4 May 2007 until 27 July 2007. You can read the archived consultation materials and draft guidance on the DCSF consultation website. A response to the consultation and statistical report will be published in Autumn 2007.
Data protection and human rights
As with all legislation we have sought the necessary advice on the relationship between ContactPoint and the Human Rights Act 1998 and the Data Protection Act 1998 and are confident that it is consistent with both.
The rights of children, young people and families under the Data Protection Act will not be affected by ContactPoint. Proper procedures will be in place to allow people to see the information that is held about them and to have inaccurate information corrected or removed.
Click to read further information about ContactPoint on this website.
This page was last updated on 24 September 2007
