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Save 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 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.
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 that governs its establishment and operation.
The Children Act 2004, and supporting regulations, prohibits 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.
These regulations detail the legal framework for establishing and operating ContactPoint. They place a requirement on LAs to participate in the operation of the database. They 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 to 14 December 2006.
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 A formal consultation on the draft guidance ran from 4 May until 27 July 2007.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.
The rights of children, young people and families, under the Data Protection Act is not affected by ContactPoint. Procedures are in place to allow people to ask to see the information held about them, and to have inaccurate information corrected or removed.
Associated documents
The Children Act 2004 InfoDatabase England Regs 2007
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Last updated on 27/04/2009
