Children in employment and entertainment

A Body of Persons Approval (BOPA) allows groups and organisations to have an umbrella licence for their performance. This removes the need to apply for a performance licence for individual children; it is granted to the organisation that is responsible for the performance

Under Section 37(3)(b) of the Children and Young Persons Act 1963 a licence is not required for a performance given under arrangements made by "a body of persons" approved by the local authority where the performance is taking place, or in some exceptional circumstances by the Secretary of State.

Providing that no payment is made, other than expenses, for the child to take part, any organisation can apply for a BOPA, such as:

• amateur group
• professional company
• stage or broadcasting

However, you are required to:

• meet certain criteria
• demonstrate that you have clear, robust and well-embedded safeguarding policies and arrangements in place to protect children

This will inform the local authority's decision, and it is at its discretion to issue an approval.

A BOPA, if granted, removes the need to apply for an individual licence for each child. It is granted to the organisation responsible for the performance.

Approval is granted by the local authority where the performance takes place. The local authority can approve even if the children taking part do not live within its boundaries. It is the organisation which is approved not the children.

The local authority confirms that the group or organisation is a ‘suitable’ or ‘approved’ group. Therefore the local authority must have taken every reasonable precaution to ensure the group is suitable.

A BOPA can be granted to an organisation:

• for a single performance
• for a series of performances within a specified time

providing that no payment is made to the child or anyone else for the child taking part in the performance, and usually where the child does not require absence from school.

Following the publication of The School Attendance (Pupil Registration)(England) Regulations 2024 which came into effect on 19 August 2024, it may be possible to be granted a BOPA where limited absence from school is involved.

Organisations should apply for approval from the Local Authority where the performance will take place.