The concept of children’s best interests derives from Article 3 of the UNCRC which states: ‘In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.’ The UK GDPR (or EU GDPR) does not refer to this concept specifically however, the ICO will take it into account when considering compliance and that organisations should consider ‘best interests’ when making decisions about the processing of children’s personal data. See the ICO’s guidance for further information.

The Children's Commissioner for England is urging the government to address a significant legal disparity that currently leaves children as the only group not fully protected from assault and battery under English law. The Commissioner is calling for the removal of the 'reasonable punishment' defence, which exists in common law and the Children Act 2004, through the forthcoming Children's Wellbeing and Schools Bill. This defence creates ambiguity regarding acceptable levels of physical punishment against children, contradicting the United Nations Committee on the Rights of the Child's stance that all physical punishment violates children's rights. The proposed legislative change aims to provide equal protection from assault for children, aligning English law with international standards and eliminating the current legal grey area surrounding violence against minors.

The Children's Commissioner for England, Dame Rachel de Souza, has issued a report revealing the alarming extent of illegal children's homes across the country. As of 1 September 2024, 775 children were found to be residing in unregistered accommodation, with 31% subject to court-ordered Deprivation of Liberty orders, according to the report, titled 'Illegal Children’s Homes'. The report highlights the exorbitant costs associated with these placements, including 33 cases exceeding £1m each, amounting to an estimated annual expenditure of £440m by English local authorities. Notably, nearly half of the affected children are 15 or younger, with some even of pre-school age. While the government's Children's Wellbeing Bill is progressing, the Commissioner calls for more robust measures to address this crisis and ensure proper protection for vulnerable children in care.

The Children's Commissioner for England has published a written response to the Home Office consultation on family removals and changes to support for failed asylum-seeker families. The response states that all three proposals in the consultation would put children at risk of harm, in light of obligations under the Children Act 1989. Specific concerns include the adequacy of a three‑week period for care leavers facing failed asylum claims to appeal, arrange departure from the UK, or secure alternative support; the potential use of force against children and the risk of destitution arising from migration status. The response also notes that the Home Office has not provided assurance regarding the overall impact on children and families.

A local authority's principal functions regarding the provision of services for children and their families.

Cooperation arrangements and partnerships between local authorities and other organisations that promote cooperation through integrated working across services at each organisational level to commission or deliver services which are child- (and family-)centred and improve outcomes for all children and young people in the local area.

STOP PRESS: In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, the Supreme Court overruled its previous majority decision in P v Cheshire West and Chester Council; Surrey County Council v P [2014] UKSC 19. In its unanimous judgment, the Supreme Court rejected the 'acid test' for determining the objective element of whether a person is deprived of their liberty, holding that the assessment under Article 5 of the European Convention on Human Rights requires a broader analysis, taking into account the whole range of factors in the particular case. This landmark decision has significant implications for local authorities and deprivation of liberty practice in the UK. We are reviewing this content accordingly. In the meantime, for more information, see: Supreme Court departs from Cheshire West ‘acid test’ for deprivation of liberty (A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998). This Practice Note

The use of the inherent jurisdiction of the High Court to authorise the deprivation of liberty of children and young people has been growing in recent years. This includes looked-after children whose care arrangements amount to a deprivation of liberty, as well as children who require secure accommodation but for whom no secure accommodation is available, necessitating a deprivation of liberty in an alternative placement. Article 5(1) of the European Convention on Human Rights (ECHR) provides that no one may be deprived of liberty except in the listed cases and in accordance with a procedure prescribed by law. Relevant examples include lawful detention of a minor for educational supervision and lawful detention of persons of unsound mind. See Practice Note: The deprivation of liberty safeguards—Deprivation of liberty. When it comes to children and young people, the following civil law procedures can be used to authorise a deprivation of liberty: • the inherent jurisdiction of the High Court (Family Division) • the welfare jurisdiction of the Court of Protection (for young people aged 16 or

The Children's Commissioner for England has published a report analysing responses from special schools and alternative provision settings as part of her School Census. The report found that only 28% of special schools were able to estimate how many pupils were absent due to treatment for serious illness, and that two-thirds (66%) could only provide estimates of those on mental health waiting lists. The Commissioner is calling for a more inclusive mainstream education system, with a presumption of mainstream placement for most pupils, alongside improved information sharing between agencies to better support children with complex needs.

The Children’s Commissioner has called for a new local authority-led safeguarding pathway for children considered at risk of serious violence, including those whose behaviour does not meet the threshold for intervention under Prevent. In a report examining children referred to the counter-terrorism programme, the Commissioner recommends joint statutory guidance from the Home Office and Department for Education requiring such cases to be referred to local multi-agency child protection teams, alongside changes to ‘Working Together to Safeguard Children’ and possible amendments to the Children Act. The report also urges councils to develop evidence-based interventions with Youth Justice Teams, amid concerns that many children referred to Prevent receive no further support.

The Children’s Commissioner has called for the regulation of unregistered alternative provision (AP). This follows widespread use of unregistered AP providers, as detailed in the Commissioner’s latest report, which found that 24,325 children were placed across 27,091 unregistered AP placements in 2023–2024, some children experiencing multiple placements. The report also identified 91 unregistered AP provider settings operating as potential illegal schools as of January 2023–2024, attended by over 1,000 children. The Children’s Commissioner warns that unregistered AP poses significant risks to the quality of education and safety of children, particularly where staff lack sufficient training and some providers being run by individuals with serios criminal histories.

The Children's Commissioner has published a report on children who are not receiving an education. The report has shown that over 100,000 children each year are being denied the fundamental right to education and outlines practical steps to prevent children from going missing in the education system and to help those who have already gone unnoticed.