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Save ContactPoint: Legislation
This page outlines the legal framework for ContactPoint and explains its relationship to key legislation.
The Children Act 2004
The purpose of ContactPoint is to support those who work with children who are subject to duties specified in sections 10 and 11 of the Children Act 2004. These are the duties to cooperate and improve well-being, and to safeguard and promote the welfare of all children in England.
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 that governs its establishment and operation.
Section 12 of the Children Act 2004, and the supporting regulations, prohibit the inclusion of any case information on ContactPoint.
Regulations and statutory guidance
The Children Act 2004 Information Database (England) Regulations 2007 were made on 24 July 2007 and came into force on 1 August 2007. This followed a public consultation on the draft regulations, which ran from 21 September to 14 December 2006 and Parliamentary approval (including debates in both Houses).
The regulations detail the legal framework for establishing and operating ContactPoint. They specify:
- what information can be held
- who must, or can, provide information
- how long information can be retained
- who can be granted access
- how accuracy will be maintained.
The regulations place a requirement on local authorities (LAs) to participate in the operation of ContactPoint and they enable ContactPoint National Partners to undertake specific activities. LAs are responsible for managing the records of children in their area.
A formal public consultation on amendments to the regulations ran from 2 October 2009 to 29 December 2009. The amendment regulations were laid on 28 January 2010 and are subject to Parliamentary approval. Go the DCSF consultation page to read the Government response to the consultation.
Guidance has been developed to provide additional details about the operation, security and use of ContactPoint. A formal consultation on the draft guidance ran from 4 May until 27 July 2007.
Data protection and human rights
As with all legislation the necessary advice has been sought on the relationship between ContactPoint, the Human Rights Act 1998 and the Data Protection Act 1998; and it is consistent with both of these. Access to and use of ContactPoint is also subject to the Computer Misuse Act 1990.
Children and young people, and parents when acting on a child's behalf, have rights under the Data Protection Act 1998 to ask to see the information that is held about them. This is known as a Subject Access Request. LAs are required to manage requests locally. Information about ContactPoint for parents and young people is available from the Information for young people, parents and carers page of this website.
Associated documents
The Children Act 2004 Information Database (England) Regulations 2007
Download the contents of this page:
as a Word Document
Last updated on 15/02/2010
