Children Act 1989, section 25A

Appointment of independent reviewing officer

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.

(2)The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.

(3)If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.

(4)An appointee must be of a description prescribed in regulations made by the [F451 Secretary of StateF451] .

Definitions used in section 25A 3

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act

Cases considering section 25A 4

A & S (Children) v Lancashire County Council

[2012] EWHC 1689 (Fam) · 21 June 2012

Applied to explain the expanded IRO responsibility for monitoring the local authority’s performance in relation to the child’s case, not merely the review (see para [191]).

The Father v Worcestershire County Council

[2025] UKSC 1 · 29 January 2025

An independent reviewing officer must be appointed for a looked-after child, providing independent monitoring within the statutory regime (see para [48]).

Armes v Nottinghamshire County Council

[2017] UKSC 60 · 18 October 2017

Lord Hughes’s dissent referred to the requirement for an Independent Reviewing Officer when comparing connected-person and other placements. The majority did not decide present-day liability (see paras [72]; [84]).

What each judgment says about section 25A is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F450S. 25A, 25B and crossheading inserted (1.9.2009 for E. for specified purposes, 26.4.2010 for W. for specified purposes, 1.4.2011 for E. so far as not already in force, 6.4.2016 for W. in so far as not already in force) by Children and Young Persons Act 2008 (c. 23), ss. 10(1), 44(4); S.I. 2009/2273, art. 2(2)(c); S.I. 2010/1329, art. 2(c); S.I. 2010/2981, art. 4(c) (with art. 5); S.I. 2016/452, art. 2(c)
  2. F451Words in s. 25A(4) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 87