Commentary on Sections Schedule 1: Children's Commissioner Section 2: General function
20.The general function of the Commissioner is set out in subsection (1). The Commissioner is to promote awareness of the views and interests of children in England. As well as those under 18, the term ‘children’ includes persons aged 18, 19 and 20 who have been looked after by a local authority at any time after attaining the age of 16 or who have a learning disability. He will be expected to raise the profile of the issues that affect and concern children in England, and promote awareness and understanding of their views and interests among all sectors of society, both public and private. The Commissioner will therefore be expected actively to gather and understand the views of children from all backgrounds. However, the Commissioner will also be expected to use his own judgement in determining the interests of children, which may not always be the same as their own expressed wishes, especially with younger children.
21.Subsection (2) provides more detail of what the Commissioner may do in the exercise of his function. The Commissioner, under subsection (2)(a), may encourage persons exercising functions or engaged in activities affecting children, to take account of their views and interests. In exercising that power, it is intended that he will encourage them, for example by sharing best practice, to ensure that the views and interests of children inform the development and delivery of their policies and practices. Not only will the Commissioner want to represent the views of children, he will encourage such persons to be proactive in gathering children's views themselves.
22.Under subsection (2)(b) the Commissioner is to be able to give advice to the relevant Secretary of State on matters affecting children, such as the development of policy or legislation. It is intended that the Commissioner will give advice on his own initiative and respond to requests for advice from any Secretary of State, but due to constraints on time and resources this may not always be possible, and the Commissioner will be expected to use his own judgment to prioritise requests.
23.In considering or researching the operation of complaints procedures under subsection (2)(c) the Commissioner will want to see that they are effective and quick and easy for children to access and follow. The Commissioner will be able to look at any services, procedures or arrangements relevant to children, both public and private. It is envisaged that in doing this the Commissioner will work with the relevant Ombudsmen and statutory bodies as appropriate.
24.Under subsection (2)(d) the Commissioner will have wide discretion over other matters relating to the interests of children that he chooses to consider or research.
25.Under subsection (2)(e) the Commissioner will be able to publish a report on any matter considered or researched by him while carrying out his section 2 function.
26.In carrying out his general function the Commissioner should have particular regard to the aspects of well-being set out in subsection (3)(a) – (e).  These reflect the five outcomes which, during the development of the Green Paper Every Child Matters, children identified as being the most important to them. It is intended that they form the framework for the Commissioner’s activities. Through carrying out his general function the Commissioner will monitor and stimulate progress towards achieving these outcomes for all children.
27.Subsection (4) places a duty on the Commissioner to take reasonable steps to involve children in all of his work. This will ensure that his work is informed by the views of children. In particular the Commissioner has to make sure that children know what he does and how to contact him. He must also consult children and organisations which work with them on the work to be undertaken by him. It will be for the Commissioner to determine how he does this as is appropriate to the circumstances. The intention is that the views of children drive the work of the Commissioner.
28.Subsection (5) requires the Commissioner, when publishing a report made under this section, to publish the report in a version that is suitable for children or a particular group of children, as the Commissioner feels is appropriate.
29.The intention behind subsection (6) is that the Commissioner should pay particular regard to disadvantaged children who are most vulnerable or may need extra support in making their views known. It is intended that the Commissioner will be proactive in seeking and reflecting the views of children whose voices might not otherwise be listened to.
30.Subsection (7) prohibits the Commissioner from conducting investigations into individual cases. The intention is that this will allow him to concentrate on the broader issues that affect children.
31.Subsection (8) is intended to ensure that the Commissioner can get access to children for the purpose of getting their views. It ensures that the Commissioner can access children accommodated or cared for outside their homes (for example, in young offender institutions, children's homes or residential schools) and gives him access to such establishments and the right to speak to a child in private if the child consents to this.
32.To assist the Commissioner further, subsection (9) places a duty upon bodies with statutory functions to provide him with information that he requests as long as it is information that they already hold and can be disclosed lawfully to the Commissioner.
33.Subsection (10) gives the Commissioner the power to follow up recommendations made by him in any of the reports he produces when carrying out his duties under section 2. Bodies with statutory functions that are subject to recommendations must inform the Commissioner, in writing, in any time period dictated by the Commissioner, what action they are taking or proposing to take in response to these recommendations.
34.Under subsections (11) and (12) the Commissioner must have regard to the relevant provisions of the United Nations Convention on the Rights of the Child (UNCRC) in his consideration of what the interests of children are. The Commissioner's work will be driven and shaped by the views and interests of children. The UNCRC provides a set of principles to which the Commissioner may wish to refer and upon which he may wish to draw as he carries out his function.