Children and Social Work Bill (HC Bill 121)

9 Adoption: duty to have regard to relationship with adopters

In section 1(4) of the Adoption and Children Act 2002 (matters to which court
is to have regard in coming to a decision relating to the adoption of a child), in
paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert
5“with any person who is a prospective adopter with whom the child is
placed,”.

Secure accomodation

10 Placing children in secure accommodation elsewhere in Great Britain

Schedule 1 contains amendments relating to—

(a) 10the placement by local authorities in England and Wales of children in
secure accommodation in Scotland, and

(b) the placement by local authorities in Scotland of children in secure
accommodation in England and Wales.

Chapter 1: consequential amendments

11 15Chapter 1: consequential amendments

Schedule 2 contains amendments consequential on this Chapter.

CHAPTER 2 Safeguarding of children

Child Safeguarding Practice Review Panel

12 Child Safeguarding Practice Review Panel

20In the Children Act 2004, before section 17 insert—

““Child Safeguarding Practice Review Panel

16A Child Safeguarding Practice Review Panel

(1) The Secretary of State must establish a panel to be known as the Child
Safeguarding Practice Review Panel.

(2) 25The Secretary of State may make any arrangements that the Secretary
of State considers appropriate for the establishment of the Panel in
accordance with this section.

(3) The Panel is to consist of a chair and members appointed by the
Secretary of State.

(4) 30A person may be appointed for a particular period or otherwise.

(5) The Secretary of State may remove the chair or a member of the Panel
if satisfied that the chair or member—

(a) has become unfit or unable to discharge his or her functions
properly, or

(b) has behaved in a way that is not compatible with continuing in
office.

(6) The arrangements that may be made by the Secretary of State under
subsection (2) include arrangements about—

(a) 5the Panel’s proceedings;

(b) annual or other reports.

(7) The Secretary of State may provide staff, facilities or other assistance to
the Panel (and the arrangements that may be made under this section
include arrangements about those matters).

(8) 10The Secretary of State may pay remuneration or expenses to the chair
and members of the Panel.””

13 Functions of the Panel

In the Children Act 2004, after section 16A (inserted by section 12), insert—

“16B Functions of the Panel

(1) 15The functions of the Child Safeguarding Practice Review Panel are, in
accordance with regulations made by the Secretary of State—

(a) to identify serious child safeguarding cases in England which
raise issues that are complex or of national importance, and

(b) where they consider it appropriate, to arrange for those cases to
20be reviewed under their supervision.

(2) The purpose of a review under subsection (1)(b) is to identify any
improvements that should be made by safeguarding partners or others
to safeguard and promote the welfare of children.

(3) Where the Panel arrange for a case to be reviewed under their
25supervision, they must—

(a) ensure that the reviewer provides a report on the outcome of the
review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) 30that the report is of satisfactory quality;

(c) provide the report to the Secretary of State.

(4) The Panel must publish the report, unless they consider it
inappropriate to do so.

(5) If the Panel consider it inappropriate to publish the report, they must
35publish any information relating to the improvements that should be
made following the review that they consider it appropriate to publish.

(6) Regulations under this section may include provision about—

(a) criteria to be taken into account by the Panel in determining
whether serious child safeguarding cases raise issues that are
40complex or of national importance;

(b) eligibility for appointment as a reviewer;

(c) the selection process for appointment of a reviewer;

(d) the person who is to select a reviewer;

(e) the supervisory powers of the Panel in relation to a reviewer;

(f) removal of a reviewer;

(g) payments of remuneration or expenses to a reviewer by the
Secretary of State;

(h) the procedure for a review;

(i) 5the form and content of a report;

(j) the time when a report is to be provided to the Secretary of
State, or published.

(7) The Panel must have regard to any guidance given by the Secretary of
State in connection with functions conferred by this section.

(8) 10Guidance given by the Secretary of State may include guidance about—

(a) circumstances in which it may be appropriate for a serious child
safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is
making satisfactory progress or whether a report is of
15satisfactory quality.

(9) In this section—

• a “reviewer” means any one or more persons appointed to review
  a case under the supervision of the Panel;

• “safeguarding partners” means persons who, under section 16E,
  20are safeguarding partners in relation to one or more local
  authority areas in England (see subsection (3) of that section);

• “serious child safeguarding cases” means cases in which—

  (a)

  abuse or neglect of a child is known or suspected by a
  local authority or another person exercising functions in
  25relation to children, and

  (b)

  the child has died or been seriously harmed;

• “serious harm” includes serious or long-term impairment of
  mental health or intellectual, emotional, social or behavioural
  development.””

14 30Events to be notified to the Panel

In the Children Act 2004, after section 16B (inserted by section 13), insert—

“16C Events to be notified to the Panel

(1) Where a local authority in England knows or suspects that a child has
been abused or neglected, the local authority must notify the Child
35Safeguarding Practice Review Panel if—

(a) the child dies or is seriously harmed in the local authority’s
area, or

(b) while normally resident in the local authority’s area, the child
dies or is seriously harmed outside England.

(2) 40A local authority in England must have regard to any guidance given
by the Secretary of State in connection with their functions under this
section.

(3) In this section “serious harm” has the meaning given by section 16B(9).””

15 Information

In the Children Act 2004, after section 16C (inserted by section 14), insert—

“16D Information

(1) The Child Safeguarding Practice Review Panel may, for the purpose of
5enabling or assisting the performance of a function conferred by section
16B, request a person or body to provide information specified in the
request to—

(a) the Panel,

(b) a reviewer, or

(c) 10another person or body specified in the request.

(2) The person or body to whom a request under this section is made must
comply with the request.

(3) The Panel may enforce the duty under subsection (2) against the person
or body by making an application to the High Court or the county court
15for an injunction.

(4) The information may be used by the Panel, reviewer, or other person or
body to whom it is provided only for the purpose mentioned in
subsection (1).

(5) In this section “reviewer” means any one or more persons appointed to
20review a case under the supervision of the Panel.””

Local arrangements for safeguarding and promoting welfare of children

16 Local arrangements for safeguarding and promoting welfare of children

After section 16D of the Children Act 2004 (inserted by section 15 of this Act)
insert—

25““Safeguarding partners for local authority areas

16E Local arrangements for safeguarding and promoting welfare of
children

(1) The safeguarding partners for a local authority area in England must
make arrangements for—

(a) 30the safeguarding partners, and

(b) any relevant agencies that they consider appropriate,

to work together in exercising their functions, so far as the functions are
exercised for the purpose of safeguarding and promoting the welfare of
children in the area.

(2) 35The arrangements must include arrangements for the safeguarding
partners to work together to identify and respond to the needs of
children in the area.

(3) In this section—

• “relevant agency”, in relation to a local authority area in England,
  40means a person who—

  Children and Social Work BillPage 14

  (a)

  is specified in regulations made by the Secretary of State,
  and

  (b)

  exercises functions in that area in relation to children;

• “safeguarding partner”, in relation to a local authority area in
  5England, means—

  (a)

  the local authority;

  (b)

  a clinical commissioning group for an area any part of
  which falls within the local authority area;

  (c)

  the chief officer of police for a police area any part of
  10which falls within the local authority area.””

17 Local child safeguarding practice reviews

After section 16E of the Children Act 2004 (inserted by section 16 of this Act)
insert—

“16F Local child safeguarding practice reviews

(1) 15The safeguarding partners for a local authority area in England must
make arrangements in accordance with this section—

(a) to identify serious child safeguarding cases which raise issues
of importance in relation to the area, and

(b) for those cases to be reviewed under the supervision of the
20safeguarding partners, where they consider it appropriate.

(2) The purpose of a review under subsection (1)(b) is to identify any
improvements that should be made by persons in the area to safeguard
and promote the welfare of children.

(3) Where a case is reviewed under the supervision of the safeguarding
25partners, they must—

(a) ensure that the reviewer provides a report on the outcome of the
review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) 30that the report is of satisfactory quality;

(c) provide the report to the Secretary of State and the Child
Safeguarding Practice Review Panel.

(4) The safeguarding partners must publish the report, unless they
consider it inappropriate to do so.

(5) 35If the safeguarding partners consider it inappropriate to publish the
report, they must publish any information relating to the
improvements that should be made following the review that they
consider it appropriate to publish.

(6) The Secretary of State may by regulations make provision about—

(a) 40criteria to be taken into account by the safeguarding partners in
determining whether serious child safeguarding cases raise
issues of importance in relation to the area;

(b) the appointment or removal of a reviewer by the safeguarding
partners, including provision for a reviewer to be appointed by
45the safeguarding partners from a list provided by the Secretary
of State;

(c) the time when a report is to be provided to the Secretary of State
or the Child Safeguarding Practice Review Panel, or published;

(d) the procedure for a review;

(e) the form and content of a report.

(7) 5In this section “reviewer” means any one or more persons appointed to
review a case under the supervision of the safeguarding partners for a
local authority area.””

18 Further provision about arrangements

After section 16F of the Children Act 2004 (inserted by section 17 of this Act)
10insert—

“16G Further provision about arrangements

(1) This section applies in relation to arrangements made under section
16E or 16F by the safeguarding partners for a local authority area in
England.

(2) 15The safeguarding partners must publish the arrangements.

(3) The arrangements must include arrangements for scrutiny by an
independent person of the effectiveness of the arrangements.

(4) The safeguarding partners and relevant agencies for the local authority
area must act in accordance with the arrangements.

(5) 20Subsection (6) applies where a person is specified in regulations under
section 16E(3) for the purposes of the definition of “relevant agency”.

(6) The regulations may make provision for the enforcement against the
person of the duty imposed by subsection (4), if the Secretary of State
considers that there would otherwise be no appropriate means of
25enforcing that duty against the person (but the regulations may not
create criminal offences).

(7) At least once in every 12 month period, the safeguarding partners must
prepare and publish a report on—

(a) what the safeguarding partners and relevant agencies for the
30local authority area have done as a result of the arrangements,
and

(b) how effective the arrangements have been in practice.””

19 Information

After section 16G of the Children Act 2004 (inserted by section 18 of this Act)
35insert—

“16H Information

(1) Any of the safeguarding partners for a local authority area in England
may, for the purpose of enabling or assisting the performance of
functions conferred by section 16E or 16F, request a person or body to
40provide information specified in the request to—

(a) the safeguarding partner or any other safeguarding partner for
the area,

(b) any of the relevant agencies for the area,

(c) a reviewer, or

(d) another person or body specified in the request.

(2) The person or body to whom a request under this section is made must
5comply with the request.

(3) The safeguarding partner that made the request may enforce the duty
under subsection (2) against the person or body by making an
application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is
10provided only for the purpose mentioned in subsection (1).””

20 Funding

After section 16H of the Children Act 2004 (inserted by section 19 of this Act)
insert—

“16I Funding

(1) 15The safeguarding partners for a local authority area in England may
make payments towards expenditure incurred in connection with
arrangements under section 16E or 16F—

(a) by making payments directly, or

(b) by contributing to a fund out of which the payments may be
20made.

(2) The payments that may be made include payments of remuneration,
allowances or expenses to a reviewer or an independent person.

(3) The safeguarding partners for a local authority area in England may
provide staff, goods, services, accommodation or other resources to any
25person for purposes connected with arrangements under section 16E or
16F.

(4) Relevant agencies for a local authority area in England may make
payments towards expenditure incurred in connection with
arrangements under section 16E—

(a) 30by making payments directly, or

(b) by contributing to a fund out of which the payments may be
made.

(5) In this section an “independent person” means an independent person
mentioned in section 16G(3).””

21 35Combining safeguarding partner areas and delegating functions

After section 16I of the Children Act 2004 (inserted by section 20 of this Act)
insert—

“16J Combining safeguarding partner areas and delegating functions

(1) The safeguarding partners for two or more local authority areas in
40England may agree that their areas are to be treated as a single area for
the purposes of sections 16E to 16I and subsections (3) to (5) of this
section.

(2) References in sections 16E to 16I and in subsections (3) to (5) of this
section to a local authority area are to be read in accordance with any
agreement under subsection (1).

(3) Where a local authority is a safeguarding partner for the same local
5authority area as another local authority (as a result of an agreement
under subsection (1)), the authorities may arrange for one of them to
carry out functions under sections 16E to 16I on behalf of the other.

(4) Where a clinical commissioning group is a safeguarding partner for the
same local authority area as another clinical commissioning group, the
10groups may arrange for one of them to carry out functions under
sections 16E to 16I on behalf of the other.

(5) Where a chief officer of police is a safeguarding partner for the same
area as another chief officer of police, the officers may arrange for one
of them to carry out functions under sections 16E to 16I on behalf of the
15other.””

22 Guidance by Secretary of State

After section 16J of the Children Act 2004 (inserted by section 21 of this Act)
insert—

“16K Guidance by Secretary of State

(1) 20The safeguarding partners and relevant agencies for a local authority
area in England must have regard to any guidance given by the
Secretary of State in connection with functions conferred on them by
sections 16E to 16J.

(2) Guidance given by the Secretary of State in connection with functions
25conferred by section 16F may include guidance about—

(a) circumstances in which it may be appropriate for a serious child
safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is
making satisfactory progress or whether a report is of
30satisfactory quality.””

23 Interpretation

After section 16K of the Children Act 2004 (inserted by section 22 of this Act)
insert—

“16L Interpretation of sections 16E to 16K

35In sections 16E to 16K—

• “reviewer” has the meaning given by section 16F(7);

• “safeguarding partner”, in relation to a local authority area, has
  the meaning given by section 16E(3);

• “serious child safeguarding cases” has the meaning given by
  40section 16B(9);

• “relevant agency”, in relation to a local authority area, has the
  meaning given by section 16E(3).””

Child death reviews

24 Child death reviews

After section 16L of the Children Act 2004 (inserted by section 23 of this Act)
insert—

5““Child death review partners for local authority areas

16M Child death reviews

(1) The child death review partners for a local authority area in England
must make arrangements for the review of each death of a child
normally resident in the area.

(2) 10The child death review partners may also, if they consider it
appropriate, make arrangements for the review of a death in their area
of a child not normally resident there.

(3) The child death review partners must make arrangements for the
analysis of information about deaths reviewed under this section.

(4) 15The purposes of a review or analysis under this section are—

(a) to identify any matters relating to the death or deaths that are
relevant to the welfare of children in the area or to public health
and safety, and

(b) to consider whether it would be appropriate for anyone to take
20action in relation to any matters identified.

(5) Where the child death review partners consider that it would be
appropriate for a person to take action as mentioned in subsection
(4)(b), they must inform that person.

(6) The child death review partners for a local authority area in England
25must, at such intervals as they consider appropriate, prepare and
publish a report on—

(a) what they have done as a result of the arrangements under this
section, and

(b) how effective the arrangements have been in practice.””

25 30Information

After section 16M of the Children Act 2004 (inserted by section 24 of this Act)
insert—

“16N Information

(1) Any of the child death review partners for a local authority area in
35England may, for the purpose of enabling or assisting the performance
of functions conferred by section 16M, request a person or body to
provide information specified in the request to—

(a) the child death review partner or any other child death review
partner for the area, or

(b) 40another person or body.

(2) The person or body to whom a request under this section is made must
comply with the request.

(3) The child death review partner that made the request may enforce the
duty under subsection (2) against the person or body by making an
application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is
5provided only for the purpose mentioned in subsection (1).””

26 Funding

After section 16N of the Children Act 2004 (inserted by section 25 of this Act)
insert—

“16O Funding

(1) 10The child death review partners for a local authority area in England
may make payments towards expenditure incurred in connection with
arrangements under section 16M—

(a) by making payments directly, or

(b) by contributing to a fund out of which payments may be made.

(2) 15The child death review partners for a local authority area in England
may provide staff, goods, services, accommodation or other resources
to any person for purposes connected with arrangements under section
16M.””

27 Combining child death review partner areas and delegating functions

20After section 16O of the Children Act 2004 (inserted by section 26 of this Act)
insert—

“16P Combining child death review partner areas and delegating functions

(1) The child death review partners for two or more local authority areas
in England may agree that their areas are to be treated as a single area
25for the purposes of sections 16M to 16O and subsections (3) and (4) of
this section.

(2) References in sections 16M to 16O and in subsections (3) and (4) of this
section to a local authority area are to be read in accordance with any
agreement under subsection (1).

(3) 30Where a local authority is a child death review partner for the same
local authority area as another local authority (as a result of an
agreement under subsection (1)), the authorities may arrange for one of
them to carry out functions under sections 16M to 16O on behalf of the
other.

(4) 35Where a clinical commissioning group is a child death review partner
for the same local authority area as another clinical commissioning
group, the groups may arrange for one of them to carry out functions
under sections 16M to 16O on behalf of the other.””

28 Guidance and interpretation

40After section 16P of the Children Act 2004 (inserted by section 27 of this Act)