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Children in performance - a guide for parents or guardians
The main legislation that regulates the work of children as
performers is:
- Children and Young Persons Acts 1933 and 1963
- Children (Performance) Regulations 1968
and miscellaneous amendments made in 1998 and 2000, extending
the licensing requirements to include children involved in paid
modelling and sporting activities.
Performance
A performance is taking part in a presentation either:
- in connection with which a charge is made (even if no charge is
made for admission);
- on licensed premises or in a licensed club;
- which is broadcast;
- which is being filmed or recorded for public exhibition or
broadcast.
Licensing requirements
Before a licence can be issued, certain criteria have to be
met:
- the applicant must be physically fit to take part in
performance or activity;
- the headteacher of the school (if appropriate) must give
consent if school time is affected;
- the activity must be safe;
- the application form and supporting documents must be completed
satisfactorily.
Licensing responsibilities
It is the responsibility of the production company to make an
application to the council as the Local Authority (LA) for a
licence authorising a child to do anything to which section 37(1)
of the Children and Young Persons Act 1963 (the Act)
refers. Applications must be made in writing on the form issued by
the LA, be signed by the applicant and a parent of the child and
accompanied by the documents specified in the Act.
The council may refuse to grant a licence if it does not receive
the application form at least 21 days before the day that the
licence is required.
Powers of the licensing authority
The council may make such enquiries as it considers necessary to
enable it to be satisfied that it should grant a licence as
required by section 37(4) of the Act. In particular, it
may request:
- a report from the headteacher about the child;
- that the child be medically examined to find out whether he or
she is fit to take part in the performances or activities and that
his or her health will not suffer as a result;
- an interview with the applicant, the child, his or her parents
and the proposed chaperone and private teacher (if any).
Applying for a licence
Application forms can be obtained by using the contact details
at the foot of this page.
When the application form is completed and returned, it must be
accompanied by:
- two identical, unmounted passport size photographs of the child
taken within the previous six months;
- proof of the child's age (e.g. a photocopy of the child's birth
certificate);
- a copy of the contract or agreement concerning the
engagement.
It may also be necessary for a medical certificate/doctor's
letter to be produced.
When a licence has been authorised and issued, it will be sent
to the producer or representative who signed the application, with
copies to the child's parent or carer and the school (if
applicable).
Education
The child's education must not suffer in any way because of the
performances or activities and the headteacher of the child's
school should be consulted if absence from school is required for
the purpose of attending either rehearsals or performances. Only
then will it be decided if leave of absence can be granted.
In exceptional circumstances, e.g. when it is necessary for the
child to be engaged in a long-running musical or TV series, the
production company must arrange for a private tutor to be engaged
and for the council to be given details of the education provision
and arrangements.
Medical examinations
The council may ask for a medical examination and report on a
child, dependent on the nature and/or length of the performance or
activity.
Safe activity
The applicant is required to give accurate details of the nature
of the performance or activity on the licence application form and
an Education Welfare Officer, acting on behalf of the council, can
inspect either before or during the activity to determine that it
is not in breach of the regulations and can recommend that a
licence be refused or withdrawn if they are not satisfied.
Matrons and chaperones
Where there is likely to be a large number of children
participating in a performance or activity or the engagement is
outside the area in which the child lives, matrons or chaperones
must be engaged by the production company, subject to approval and
licensing by the council.
A matron or chaperone will have responsibility for the care and
control of the children to ensure their health, comfort and moral
welfare.
Where a child suffers any injury or illness while in the charge
of a matron or chaperone, he or she will ensure that the parent or
guardian named in the licence application form and the council are
notified immediately.
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