Education Act 2004
145EConsent not required in certain circumstances
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145E Consent not required in certain circumstances (1) This section applies if the director-general must have the consent of a parent, child, or young person before asking for or giving information under this part. (2) The consent is not required if the director general is satisfied on reasonable grounds that— (a) it would not be in the best interests of the child or young person to seek the consent; or (b) it is not possible or reasonably practicable in the circumstances to seek the consent. despite reasonable efforts, contact details for a parent cannot be found (3) In considering the best interests of a child or young person for subsection (2) (a), the director-general must consider the following: (a) the need to ensure that the child or young person is not at risk of abuse or neglect; (b) the child or young person’s physical, emotional and intellectual needs; (c) the child or young person’s access to, or benefit from, education; (d) the child or young person’s age, level of understanding or level of maturity; (e) any views or wishes expressed by the child or young person; (f) the relationship the child or young person has with the child or young person’s parents;
(g) the attitude to the child or young person, and to parental responsibilities, demonstrated by the child or young person’s parents; (h) a court order or criminal investigation relating to the child or young person or the child or young person’s parents.