Children and Families Act: Role of children's commissioner strengthened

As a result of the changes, the role of children’s rights director has been axed, with the duties being incorporated into the role of the children’s commissioner.

From 1 April, the commissioner’s primary function will be to “promote and protect” the rights of children, where it was previously tasked with representing the “views and interests” of children.

The commissioner will be able to “advise” people or organisations whose actions affect children on how to comply with the rights of children as set out in law.

The commissioner will also be able to consider how government policy proposals and proposed legislation will impact on the rights of children, and bring any matter to the attention of parliament – both the House of Commons and the House of Lords.

The act sets out that in fulfilling their responsibilities, the commissioner must have “particular regard” to the rights of children who are living away from home or receiving social care, and can provide them with advice and assistance.

Maggie Atkinson, children’s commissioner for England, said the changes to her role are “important” for children and young people.

“I and colleagues at the Office of the Children’s Commissioner are delighted that the role and remit of the commissioner have been strengthened through the act so that there is now a duty to promote and protect children’s rights. 

“It’s about time we had a rights-based commissioner, as many people across the children and young people’s and the wider human rights communities have said many times.

“We are also looking forward to providing advice, assistance and representation to children in care, care leavers and other vulnerable groups of children and young people from 1 April.”