Arrival times, rehearsal calls, meal breaks and tutoring can move during a production day. If the record only reflects the original schedule, it may not show what the child actually experienced.
Chaperones are often well placed to provide the facts, but the legal responsibility needs to stay clear. In England, the licence holder has the statutory duty to keep the prescribed records. A chaperone may be asked to write down or pass on information, but that practical task does not transfer the licence holder’s duty.
This guide concerns children working under an individual licence administered by an English local authority. It does not cover every exemption or record that a production may need for other purposes. The child’s licence conditions, the licensing authority’s instructions and the production’s safeguarding and data protection procedures should be checked for the job in question.
The legal responsibility sits with the licence holder
Section 39(5) of the Children and Young Persons Act 1963 says that the licence holder must keep the records prescribed in regulations. It also requires the holder to produce them if an officer of the authority that granted the licence asks for them within the statutory period.
Regulation 11 of the Children (Performances and Activities) (England) Regulations 2014 sets that period. The prescribed records must be retained for six months from the date of the last performance or activity covered by the licence.
This allocation of responsibility matters. A chaperone can help a production capture reliable information, but the law does not shift the licence holder’s record-keeping duty to the chaperone simply because the chaperone observed the day.
What the record covers for a performance
Part 1 of Schedule 3 lists the records for a licence granted in respect of a performance. They include:
- the licence itself;
- for each day at the place of performance or rehearsal, the date and the child’s arrival and departure times;
- the times of each performance or rehearsal period;
- the times of each rest interval and meal interval;
- the times of any night work authorised by the licensing authority under regulation 28;
- where a private teacher provides education, the date and duration of each lesson and the subject taught;
- details and dates of any injury or illness at the place of performance or rehearsal, including whether it prevented the child from being present;
- the dates of breaks in performances required under regulation 27(1);
- the money earned by the child from the performance, together with the names, addresses and descriptions of the people to whom it was paid; and
- where the licence includes an approved arrangement for the child’s earnings, the sums involved and how they were dealt with.
Some entries only arise in particular circumstances. If there is no private teacher or authorised night work, for example, that does not create an entry to invent. The record should show what happened and the details that the Schedule requires.
The list is different for a licensed activity
Schedule 3 uses a narrower list for a licence granted in respect of an activity. Part 2 applies the requirements concerning the licence, the date, private teaching, earnings and any approved arrangement for earnings, adapted to the activity.
Do not copy a performance template across without checking that it fits. The licence holder should confirm which legal category applies and whether the licence or local authority procedure asks for additional information.
What a chaperone can do in practice
The Regulations prescribe what the licence holder must retain. They do not set a single nationwide form or a separate daily paperwork duty for every chaperone. Productions and councils may use different systems.
Before the child arrives, ask which facts you are expected to capture, where they should be entered and who checks the completed record. A usable process should make it possible to record the day as it happens without taking attention away from the children.
These are practical working habits rather than additional statutory duties:
- record actual times, not the times copied from the call sheet;
- use the production’s agreed system and ordinary time format consistently;
- identify and correct an error rather than quietly writing over it;
- pass the information to the named person promptly;
- keep factual notes separate from opinion; and
- raise a missing entry while the people involved can still check what happened.
A simple end-of-day check can compare arrivals, departures, performance or rehearsal periods, tutoring, meals and rest against the information held by the production. This does not replace any incident, welfare or safeguarding report required by the organisation’s procedure.
Handle personal information through the approved process
These records concern a child and may include health, education or earnings information. Use the production’s approved system and follow its data protection procedure. Avoid creating a separate archive on a personal phone, notebook or private cloud account unless the responsible organisation has expressly authorised the method for the work.
The Information Commissioner’s Office guide to the data protection principles sets out data minimisation, accuracy, storage limitation and security. The ICO currently says this guidance is under review following the Data (Use and Access) Act, so the production should use its current professional advice and policies for detailed data protection decisions.
Check the individual licence and local process
The national rules provide the legal baseline, but the individual licence and the administering authority’s process may shape how information is supplied and checked. Ask the licence holder or named production contact for the current arrangement rather than relying on a form from an earlier job.
If the legal category or required record is unclear, the relevant licensing authority is the appropriate official route. The Department for Education’s departmental advice on child performance and activities licensing is an England-only starting point. The document says it has no statutory force, so the Act, Regulations and individual licence remain the controlling sources.
For the wider licensing context, read Child performance licences in England: a practical guide for chaperones. Production teams can also use the child performance support checklist to settle responsibilities before the working day.
Scope note: This article gives general information for England. It is not legal, safeguarding or data protection advice. Always follow the child’s licence conditions, the relevant local authority’s current instructions and the production’s approved procedures.