Commentary on Sections Section 7: Child-protection and probation functions
36.Section 7 provides that the offence does not apply in relation to the exercise of specific functions to protect children from harm or in relation to the activities of probation services (or equivalent bodies in Scotland and Northern Ireland). The Act does not apply in relation to the exercise (or the failure to exercise) by local authorities of a number of specific statutory functions relating to decisions made to safeguard the welfare of children. The Act also does not apply in relation to the responsibilities of probation boards (or other equivalent public authorities) to supervise offenders or provide accommodation in approved premises. It is unlikely that such bodies would owe a duty of care should a person be killed in connection with such activities (for example, if a child was not identified as being at risk and taken into care and was subsequently fatally injured). This section makes it clear that such circumstances are not covered by the offence. Local authorities and probation services will however be covered by the offence in respect of responsibilities to their employees and in respect of the safety of the premises they occupy.