Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
49

71
Consequential amendments
Schedule 3 (amendments consequential on this Part) has effect.
72
Interpretation of Part 3
(1)
In this Part—
“EA 1996” means the Education Act 1996;
5
“ESA 2008” means the Education and Skills Act 2008;
“SSFA 1998” means the School Standards and Framework Act 1998.
(2)
In this Part—
“education, health and care provision” has the meaning given by section
26(2);
10
“EHC needs assessment” has the meaning given by section 36(2);
“EHC plan” means a plan within section 37(2);
“health care provision” has the meaning given by section 21(3);
“mainstream post-16 institution” means a post-16 institution that is not a
special post-16 institution;
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“mainstream school” means—
(a)
a maintained school that is not a special school;
(b)
an Academy school that is not a special school;
“maintained school” means—
(a)
a community, foundation or voluntary school, or
20
(b)
a community or foundation special school not established in a
hospital;
“post-16 institution” means an institution which—
(a)
provides education or training for those over compulsory
school age, but
25
(b)
is not a school or other institution which is within the higher
education sector or which provides only higher education;
“proprietor”, in relation to an institution that is not a school, means the
person or body of persons responsible for the management of the
institution;
30
“relevant early years education” has the meaning given by section 123 of
SSFA 1998;
“social care provision” has the meaning given by section 21(4);
“social services functions” in relation to a local authority has the same
meaning as in the Local Authority Social Services Act 1970;
35
“special educational needs” has the meaning given by section 20(1);
“special educational provision” has the meaning given by section 21(1)
and (2);
“special post-16 institution” means a post-16 institution that is specially
organised to make special educational provision for students with
40
special educational needs;
“training” has the same meaning as in section 15ZA of EA 1996;
“young person” means a person over compulsory school age but under
25.
(3)
A reference in this Part to “education”—
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(a)
includes a reference to full-time and part-time education, but

Children and Families Bill
Part 4 — Childminder agencies etc
50

(b)
does not include a reference to higher education,

and “educational” and “educate” (and other related terms) are to be read
accordingly.
(4)
A reference in this Part to—
(a)
a community, foundation or voluntary school, or
5
(b)
a community or foundation special school,

is to such a school within the meaning of SSFA 1998.
(5)
A reference in this Part to a child or young person who is “in the area” of a local
authority in England does not include a child or young person who is wholly
or mainly resident in the area of a local authority in Wales.
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(6)
EA 1996 and the preceding provisions of this Part (except so far as they amend
other Acts) are to be read as if those provisions were contained in EA 1996.
Part 4
Childminder agencies etc
73
Childminder agencies
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Schedule 4 (amendments to the Childcare Act 2006 to provide for the
registration of childminder agencies on the childcare registers and the
registration of certain childcare providers with those agencies, and other
related amendments) has effect.
74
Inspections at request of providers of childcare to young children
20
In section 49 of the Childcare Act 2006 (inspections of early years provision),
after subsection (5) insert—
“(5A)
The Chief Inspector may charge a prescribed fee for conducting an
inspection of early years provision where—
(a)
the inspection is conducted at the request of a registered person
25
who provides that early years provision, and
(b)
the Chief Inspector is required by the Secretary of State under
subsection (2)(b) to conduct that inspection.”
75
Repeal of local authority’s duty to assess sufficiency of childcare provision
Section 11 of the Childcare Act 2006 (duty of local authority in England to
30
assess sufficiency of childcare provision) is repealed.
76
Governing bodies: provision of community facilities
(1)
Section 28 of the Education Act 2002 (limits on the powers of governing bodies
of maintained schools to provide community facilities etc under section 27) is
amended as follows.
35
(2)
In subsection (4), for “a governing body” substitute “the governing body of a
maintained school in Wales”.
(3)
Omit subsection (4C).
(4)
In subsection (5)—

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Part 5 — The Children’s Commissioner
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(a)
for “a governing body” substitute “the governing body of a maintained
school in Wales”, and
(b)
in paragraph (a) omit “(in relation to England) by the Secretary of State
or (in relation to Wales)”.
Part 5
5
The Children’s Commissioner
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Primary function of the Children’s Commissioner
For section 2 of the Children Act 2004 (general function of the Children’s
Commissioner) substitute—
“2
Primary function: children’s rights, views and interests
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(1)
The Children’s Commissioner’s primary function is promoting and
protecting the rights of children in England.
(2)
The primary function includes promoting awareness of the views and
interests of children in England.
(3)
In the discharge of the primary function the Children’s Commissioner
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may, in particular—
(a)
advise persons exercising functions or engaged in activities
affecting children on how to act compatibly with the rights of
children;
(b)
encourage such persons to take account of the views and
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interests of children;
(c)
advise the Secretary of State on the rights, views and interests of
children;
(d)
consider the potential effect on the rights of children of
government policy proposals and government proposals for
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legislation;
(e)
bring any matter to the attention of either House of Parliament;
(f)
investigate the availability and effectiveness of complaints
procedures so far as relating to children;
(g)
investigate the availability and effectiveness of advocacy
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services for children;
(h)
investigate any other matter relating to the rights or interests of
children;
(i)
monitor the implementation in England of the United Nations
Convention on the Rights of the Child;
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(j)
publish a report on any matter considered or investigated under
this section.
(4)
In the discharge of the primary function, the Children’s Commissioner
must have particular regard to the rights of children who are within
section 8A (children living away from home or receiving social care)
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and other groups of children who the Commissioner considers to be at
particular risk of having their rights infringed.
(5)
The Children’s Commissioner may not conduct an investigation of the
case of an individual child in the discharge of the primary function.

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Part 5 — The Children’s Commissioner
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2A
United Nations Convention on the Rights of the Child
(1)
The Children’s Commissioner must have regard to the United Nations
Convention on the Rights of the Child in considering for the purposes
of the primary function what constitute the rights and interests of
children (generally or so far as relating to a particular matter).
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(2)
The references in section 2(3)(i) and this section to the United Nations
Convention on the Rights of the Child are to the Convention on the
Rights of the Child adopted by the General Assembly of the United
Nations on 20th November 1989 (including any Protocols to that
Convention which are in force in relation to the United Kingdom),
10
subject to any reservations, objections or interpretative declarations by
the United Kingdom for the time being in force.
2B
Involving children in the discharge of the primary function
(1)
The Children’s Commissioner must take reasonable steps to involve
children in the discharge of the primary function.
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(2)
The Commissioner must in particular take reasonable steps to—
(a)
ensure that children are aware of the Commissioner’s primary
function and how they may communicate with him or her, and
(b)
consult children, and organisations working with children, on
the matters the Commissioner proposes to consider or
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investigate in the discharge of the primary function.
(3)
The Children’s Commissioner must for the purposes of this section
have particular regard to children who are within section 8A (children
living away from home or receiving social care) and other groups of
children who the Commissioner considers do not have adequate means
25
by which they can make their views known.
2C
Primary function: reports
(1)
This section applies where the Children’s Commissioner publishes a
report in the discharge of the primary function.
(2)
The Commissioner must, if and to the extent he or she considers it
30
appropriate, also publish the report in a version which is suitable for
children (or, if the report relates to a particular group of children, for
those children).
(3)
Where the report contains recommendations about the exercise by a
person of functions of a public nature, the Commissioner may require
35
that person to state in writing, within such period as the Commissioner
may reasonably require, what action the person has taken or proposes
to take in response to the recommendations.”
78
Provision by Commissioner of advice and assistance to certain children
After section 2C of the Children Act 2004 (as inserted by section 77) insert—
40
“2D
Provision of advice and assistance to certain children in England
(1)
The Children’s Commissioner may provide advice and assistance to
any child who is within section 8A (children living away from home or
receiving social care).

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Part 5 — The Children’s Commissioner
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(2)
The Children’s Commissioner may in particular under this section
make representations on behalf of a child who is within section 8A to a
person in England who is—
(a)
providing the child with accommodation or services, or
(b)
otherwise exercising functions in relation to the child.”
5
79
Commissioner’s powers to enter premises
After section 2D of the Children Act 2004 (as inserted by section 78) insert—
“2E
Powers to enter premises to conduct interviews or observe standards
(1)
This section applies for the purposes of the Children’s Commissioner’s
primary function and the function under section 2D.
10
(2)
The Children’s Commissioner, or a person authorised by the
Commissioner, may at any reasonable time enter any premises, other
than a private dwelling—
(a)
for the purpose of interviewing a child, or
(b)
for the purpose of observing the standard of care provided to
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children accommodated or otherwise cared for there.
(3)
An interview of a child under subsection (2)(a) may be conducted in
private, if the child consents.
(4)
A person who enters premises under subsection (1) may interview any
person present on the premises who works there.
20
(5)
It is immaterial for the purposes of subsection (4) whether a person’s
work is paid, or under a contract of employment.”
80
Provision of information to Commissioner
After section 2E of the Children Act 2004 (as inserted by section 79) insert—
“2F
Provision of information to Commissioner
25
(1)
Any person exercising functions of a public nature must supply the
Children’s Commissioner with such information in that person’s
possession relating to those functions as the Commissioner may
reasonably request for the purposes of the primary function or the
function under section 2D.
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(2)
The information must be information which that person would, apart
from subsection (1), lawfully be able to disclose to the Commissioner.”
81
Advisory board
After section 7 of the Children Act 2004 insert—
“7A
Advisory board
35
(1)
The Children’s Commissioner must appoint an advisory board to
provide the Commissioner with advice and assistance relating to the
discharge of his or her functions.

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Part 5 — The Children’s Commissioner
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(2)
The advisory board must consist of persons who (taken together)
represent a broad range of interests which are relevant to the Children’s
Commissioner’s functions.
(3)
The Children’s Commissioner must from time to time publish a report
on the procedure followed and the criteria used when making
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appointments to the advisory board.”
82
Business plans
After section 7A of the Children Act 2004 (as inserted by section 81) insert—
“7B
Business plans
(1)
The Children’s Commissioner must publish a business plan which sets
10
out, in relation to the discharge of the Commissioner’s functions—
(a)
the Commissioner’s proposed main activities for the period
covered by the plan (including the matters he or she intends to
consider or investigate), and
(b)
the Commissioner’s proposed strategic priorities for that
15
period.
(2)
A business plan must cover a period of at least 12 months beginning
with the date of publication.
(3)
The Commissioner must publish a new business plan before the end of
the period covered by the preceding business plan.
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(4)
Before publishing a business plan under this section, the Children’s
Commissioner must—
(a)
take reasonable steps to consult children,
(b)
consult persons who (taken together) represent a broad range of
interests which are relevant to the Children’s Commissioner’s
25
functions, and
(c)
consult such other persons as the Commissioner thinks
appropriate.
(5)
The Children’s Commissioner must for the purposes of subsection
(4)(a) have particular regard to children who are within section 8A
30
(children living away from home or receiving social care) and other
groups of children who the Commissioner considers do not have
adequate means by which they can make their views known.”
83
Annual reports
(1)
Section 8 of the Children Act 2004 (annual reports) is amended as follows.
35
(2)
In subsection (1)—
(a)
in paragraph (a) omit “under this Part, other than functions of holding
inquiries”,
(b)
after paragraph (a) insert “and”, and
(c)
omit paragraph (c) and the “and” which precedes it.
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Part 5 — The Children’s Commissioner
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(3)
In subsection (2) for the words from “an account” to the end substitute “—
(a)
a summary of the Commissioner’s activities and an analysis of
the effectiveness of those activities in promoting and protecting
the rights of children,
(b)
an account of what the Commissioner has done in the discharge
5
of his or her functions in relation to children who are within
section 8A (children living away from home or receiving social
care), and
(c)
an account of the steps taken by the Commissioner to involve
children in the discharge of his or her functions.”
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(4)
In subsection (3)(b) for “the Secretary of State” substitute “the Commissioner”.
(5)
In subsection (4) for “the Secretary of State has laid” substitute “laying”.
(6)
For subsection (5) substitute—
“(5)
If the Children’s Commissioner does not consider a report made under
this section to be suitable for children, the Commissioner must publish
15
a version of the report which is suitable for children.”
84
Children living away from home or receiving social care
After section 8 of the Children Act 2004 insert—
“8A
Children in England living away from home or receiving social care
(1)
For the purposes of this Part, a child is within this section if he or she is
20
within any of subsections (2) to (5).
(2)
A child is within this subsection if he or she is provided with
accommodation by a school or college in England to which section 87(1)
of the Children Act 1989 applies.
(3)
A child is within this subsection if he or she is accommodated in an
25
establishment (within the meaning of the Care Standards Act 2000) in
respect of which Her Majesty’s Chief Inspector of Education,
Children’s Services and Skills is the registration authority under
section 5 of that Act.
(4)
A child is within this subsection if functions are being exercised in
30
relation to him or her by an agency (within the meaning of the Care
Standards Act 2000) in respect of which Her Majesty’s Chief Inspector
of Education, Children’s Services and Skills is the registration authority
under section 5 of that Act.
(5)
A child is within this subsection if a local authority in England exercises
35
social services functions (within the meaning of the Local Authority
Social Services Act 1970) in relation to him or her.
(6)
For the purposes of this Part, a person who is not a child is to be treated
as a child who is within this section if—
(a)
he or she is aged 18 or over and under 25, and
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(b)
a local authority in England has provided services to him or her
under any of sections 23C to 24D of the Children Act 1989 at any
time after he or she reached the age of 16.”