Children Act 1989, section 25B

Functions of the independent reviewing officer

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

(1)The independent reviewing officer must—

(a)monitor the performance by the local authority of their functions in relation to the child's case;

(b)participate, in accordance with regulations made by the [F452 Secretary of StateF452] , in any review of the child's case;

(c)ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;

(d)perform any other function which is prescribed in regulations made by the [F453 Secretary of StateF453] .

(2)An independent reviewing officer's functions must be performed—

(a)in such manner (if any) as may be prescribed in regulations made by the [F454 Secretary of StateF454] ; and

(b)having regard to such guidance as that authority may issue in relation to the discharge of those functions.

(3)If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—

(a) an officer of the Children and Family Court Advisory and Support Service; F455 ...

F455( b ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—

(a)to co-operate with that individual; and

(b)to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.

Definitions used in section 25B 6

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
functions

“functions” includes powers and duties;

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
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

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

Cases considering section 25B 4

London Borough of Haringey v Musa

[2014] EWHC 1341 (Fam) · 16 April 2014

The court relied on section 25B to identify the independent reviewing officer’s duty to monitor the local authority’s performance of its functions in relation to the children’s cases. The apparent failure to use that monitoring role to prevent breach of the contact order required further investigation and evidence (see para [15]).

The Father v Worcestershire County Council

[2025] UKSC 1 · 29 January 2025

The independent reviewing officer must monitor the local authority’s performance of its functions in relation to the child (see para [48]).

W (A Child) v Neath Port Talbot County Borough Council & Ors

[2013] EWCA Civ 1227 · 11 October 2013

The independent reviewing officer’s functions include monitoring local-authority performance and, where appropriate, referring the case for consideration of protective steps. The court relied on this as part of the post-order scrutiny structure. (see paras [56]-[58]; [101])

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

Amendments and notes

5 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. F452Words in s. 25B(1)(b) 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), 88(a)
  3. F453Words in s. 25B(1)(d) 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), 88(a)
  4. F454Words in s. 25B(2)(a) 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), 88(a)
  5. F455S. 25B(3)(b) and preceding word omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 88(b)