Commentary on Sections Part 6 - the Children’s Commissioner Inquiries
457.Paragraph 1(2) of Schedule 5 removes the requirement on the Commissioner to consult the Secretary of State before holding an inquiry under section 3 of the 2004 Act; and paragraph 2(1) removes the Secretary of State’s power to direct the Commissioner to conduct an inquiry. Paragraph 2(2) makes consequential amendments to provisions in the 2004 Act that remove the power of the Secretary of State to direct the Commissioner to undertake an inquiry into the case of an individual child in Wales, Scotland or Northern Ireland. The purpose of these changes is to address concerns raised by John Dunford and others which called into question the Commissioner’s independence from Government which had potentially damaged the Commissioner’s credibility. It will be for the Commissioner to determine how to respond to a request from the Secretary of State to undertake a particular activity.