Children Act 1989, section 42

Right of officer of the Service to have access to local authority records

Part IV Care and Supervision

(1)Where [F599an officer of the ServiceF599][F600 or Welsh family proceedings officerF600] has been appointed [F601under section 41F601] he shall have the right at all reasonable times to examine and take copies of—

(a)F603any records of, or held by, a local authority[F602 or an authorised personF602] which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned; . . .

(b)F603,M14any . . . records of, or held by, a local authority which were compiled in connection with any functions which [F604are social services functions within the meaning ofF604] the Local Authority Social Services Act 1970[F605 or for the purposes of the Social Services and Well-being (Wales) Act 2014F605] , so far as those records relate to that child.

[F606 ; or

(c)any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child.F606]

(2)Where [F607an officer of the ServiceF607][F600 or Welsh family proceedings officerF600] takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any—

(a)report which he makes to the court in the proceedings in question; or

(b)evidence which he gives in those proceedings.

(3)Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence.

[F608 (4) In this section “authorised person” has the same meaning as in section 31. F608]

Definitions used in section 42 7

officer of the Service

“officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000 ;

Defined in s.105(1) · see it in the full Act
Welsh family proceedings officer

“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 .

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

“functions” includes powers and duties;

Defined in s.105(1) · 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
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

Cases considering section 42 8

K and L (Children: Fairness of Hearing)

[2023] EWCA Civ 686 · 20 June 2023

The court applied the statutory duty safeguarding the child’s interests to explain why a children’s guardian’s late change of assessment and recommendation required careful handling and a fair opportunity to respond. (see paras [37]-[42])

X, Y, Z (Minors), Re

[2011] EWHC 402 (Fam) · 3 March 2011

The court confirmed that the children’s guardian may inspect local authority files relating to the children. The scope may extend to sibling and other relevant files, subject to the circumstances of the case (see para [151]).

Metropolitan Borough Council v JJ & Anor

[2003] EWHC 976 (Fam) · 9 May 2003Interprets

Interprets the guardian’s right to examine and copy local-authority records. The right extends to records compiled in connection with the relevant care application and social-services functions so far as they relate to the child. (see paras [61]-[72]) Interprets the provision as embracing public-interest immunity. Where records fall within section 42, that immunity does not prevent the guardian’s inspection, although later use and dissemination raise separate confidentiality questions. (see paras [70]-[73])

What each judgment says about section 42 is in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F598S. 42 sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch.7 Pt. II para. 92(c); S.I. 2001/919, art. 2(f)(ii)
  2. F599Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, 80, Sch. 7 Pt. II para. 92(a)(i); S.I. 2001/919, art. 2(f)(ii)
  3. F600Words in s. 42(1)(2) inserted (1.4.2005) by Children Act 2004 (c. 31), s. 40, Sch. 3 para. 10; S.I. 2005/700, art. 2(2)
  4. F601Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(a)(ii); S.I. 2001/919, art. 2(f)(ii)
  5. F603Words in s. 42(1) repealed (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1883, art. 3, Sch.
  6. F602Words in s. 42(1)(a) inserted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(2); S.I. 1991/1883, art. 3, Sch.
  7. F604Words in s. 42(1)(b) substituted (26.10.2000 for E. and otherwise 28.7.2001) by 2000 c. 22, ss. 107, 108(4), Sch. 5 para. 20; S.I. 2000/2849, art. 2(f)
  8. F605Words in s. 42(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 99
  9. F606S. 42(1)(c) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), ss. 116, Sch. 16 para. 18(3); S.I. 1991/1883, art. 3, Sch.
  10. F607Words in s. 42(2) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 92(b); S.I. 2001/919, art. 2(f)(ii)
  11. F608S. 42(4) added (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 18(4); S.I. 1991/1883, art. 3, Sch.

Commencement

  1. I39S. 42 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal citations

  1. M141970 c. 42.