Children and Social Work Bill (HC Bill 121)

insert—

“16Q Guidance and interpretation

(1) The child death review partners for a local authority area in England
must have regard to any guidance given by the Secretary of State in
5connection with functions conferred on them by sections 16M to 16P.

(2) In this section and sections 16M to 16P “child death review partners”,
in relation to a local authority area in England, means—

(a) the local authority;

(b) any clinical commissioning group for an area any part of which
10falls within the local authority area.””

Miscellaneous

29 Regulations under provisions inserted by sections 13, 16 and 17

In section 66(3) of the Children Act 2004 (regulations subject to affirmative
procedure), after “12B(1)(b)” insert “, 16B (whether alone or with regulations
15under section 16F), 16E(3)”.

30 Abolition of Local Safeguarding Children Boards

Omit sections 13 to 16 of the Children Act 2004 (Local Safeguarding Children
Boards).

31 Chapter 2: consequential amendments

20Schedule 2 contains amendments consequential on this Chapter.

CHAPTER 3 Children's social care: different ways of working

32 Power to test different ways of working

(1) The purpose of this section is to enable a local authority in England to test
different ways of working under children’s social care legislation with a view
25to—

(a) promoting the physical and mental health and well-being of children,
young people or their families,

(b) encouraging children or young people to express their views, wishes
and feelings,

(c) 30taking into account the views, wishes and feelings of children or young
people,

(d) helping children, young people or their families gain access to, or make
the best use of, services provided by the local authority or its relevant
partners (within the meaning given by section 10(4) of the Children Act
351989),

(e) promoting high aspirations for children or young people,

(f) promoting stability in the home lives, relationships, education or work
of children or young people, or

(g) preparing children or young people for adulthood and independent
living.

(2) The Secretary of State may by regulations, for that purpose—

(a) exempt a local authority in England from a requirement imposed by
5children’s social care legislation;

(b) modify the way in which a requirement imposed by children’s social
care legislation applies in relation to a local authority in England.

(3) Regulations under this section may not be used so as to remove any prohibition
on a local authority in England arranging for functions to be carried out by a
10body whose activities are carried on for profit.

(4) Regulations under this section may not be used to exempt a local authority in
England from, or modify, its duties under—

(a) section 17 of the Children Act 1989 and Part 1 of Schedule 2 to that Act
(duty to provide appropriate services to children in need);

(b) 15section 20 of that Act (provision of accommodation for children who
appear to require it for certain reasons);

(c) section 22 of that Act (duty to safeguard and promote welfare of looked
after children etc);

(d) section 47 of that Act (duty to make enquiries and take action to
20safeguard or promote welfare of children at risk);

(e) section 10 of the Children Act 2004 (duty to make arrangements for
promoting co-operation to improve well-being of children);

(f) section 11 of that Act (duty to make arrangements to ensure that regard
is had to the need to safeguard and promote the welfare of children).

(5) 25The Secretary of State may make regulations under this section relating to a
local authority in England only on an application by that authority.

(6) Subsection (5) does not apply to regulations under this section that only revoke
earlier regulations under this section.

(7) Regulations under this section may be made in relation to one or more local
30authorities in England.

(8) Regulations under this section may include consequential modifications of
children’s social care legislation.

33 Duration

(1) Regulations under section 32 must specify a period at the end of which they
35lapse.

(2) The period must not be longer than 3 years beginning with the day on which
the regulations come into force.

(3) But the Secretary of State may by further regulations under section 32 amend
the specified period to extend it by up to 3 years.

(4) 40The specified period may be extended on one occasion only.

(5) Before extending the specified period the Secretary of State must lay a report
before Parliament about the extent to which the regulations have achieved the
purpose mentioned in section 32(1).

(6) The Secretary of State may by regulations make transitional provision in
connection with the lapsing of regulations under section 32.

34 Parliamentary procedure

(1) Regulations under section 32 are subject to the negative resolution procedure
5if they only—

(a) relate to requirements imposed by subordinate legislation that was not
subject to affirmative resolution procedure, or

(b) revoke earlier regulations under that section.

(2) Any other regulations under section 32 are subject to the affirmative resolution
10procedure.

(3) At the same time as laying a draft of a statutory instrument containing
regulations under section 32 before Parliament, the Secretary of State must lay
before Parliament a report—

(a) explaining how the purpose mentioned in subsection (1) of that section
15is expected to be achieved, and

(b) confirming that the regulations are not expected to have a detrimental
effect on the welfare of any child and explaining any measures that
have been put in place to ensure that is the case.

(4) If regulations under section 32 are subject to the affirmative resolution
20procedure and would, but for this subsection, be treated for the purposes of the
standing orders of either House of Parliament as a hybrid instrument, they are
to proceed in that House as if they were not a hybrid instrument.

(5) For the purposes of subsection (1)(a) subordinate legislation “was not subject
to affirmative resolution procedure” if it was not subject to any requirement for
25a draft to be laid before, and approved by a resolution of, each House of
Parliament.

35 Consultation by local authority

(1) Before making an application for the Secretary of State to make regulations
under section 32 a local authority in England must—

(a) 30consult such of the other safeguarding partners and relevant agencies
in relation to its area as it considers appropriate, and

(b) any other person that the local authority considers appropriate.

(2) In deciding who to consult under subsection (1)(b) a local authority in England
must, in particular, consider consulting any children or young people who
35might be affected by the regulations.

36 Consultation by Secretary of State

(1) Where a local authority in England make an application for the Secretary of
State to make regulations under section 32 the Secretary of State must invite an
expert panel to give advice about—

(a) 40the capability of the authority to achieve the purpose mentioned in
subsection (1) of that section if the regulations are made,

(b) the likely impact of the regulations on children and young people, and

(c) the adequacy of any measures that will be in place to monitor the
impact of the regulations on children and young people.

(2) The expert panel is to consist of—

(a) the Children’s Commissioner,

(b) Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills, and

(c) 5one or more other persons appointed by the Secretary of State to
consider the application.

(3) The Secretary of State may appoint a person under subsection (2)(c) to consider
an application only if the Secretary of State thinks that the person has expertise
relevant to the subject matter of the application.

(4) 10Having invited the expert panel to advise, the Secretary of State must wait at
least 6 weeks before making regulations under section 32 in response to the
application.

(5) Before making regulations under section 32 in response to the application, the
Secretary of State must also publish any written advice given during that 6
15week period by the expert panel.

37 Guidance

(1) The Secretary of State must give local authorities in England guidance about—

(a) factors that a local authority in England should take into account in
deciding whether to make an application under 32,

(b) 20the form and content of applications under 32 and the process for
making them,

(c) consultation under section 35,

(d) monitoring and evaluating the effect of the regulations under section
32, and

(e) 25the exercise of functions under, or in connection with, children’s social
care legislation as modified by regulations under section 32.

(2) Before giving guidance under this section the Secretary of State must—

(a) consult such persons as the Secretary of State considers appropriate,
and

(b) 30publish a summary of the consultation responses.

38 Annual report

(NONE) If the Secretary of State makes regulations under 32 the Secretary of State must,
in respect of each year in which they remain in force, publish a report about the
extent to which the regulations have achieved the purpose mentioned in
35section 32(1).

39 Interpretation

(NONE) In this Chapter—

• “child” means a person under the age of 18 (and “children” means people
  under the age of 18);

• 40“children’s social care legislation” means—

  (a)

  any legislation specified in Schedule 1 to the Local Authority
  Social Services Act 1970 so far as relating to those under the age
  of 18;

  Children and Social Work BillPage 24

  (b)

  sections 23C to 24D of the Children Act 1989, so far as not within
  paragraph (a);

  (c)

  the Children Act 2004, so far as not within paragraph (a);

  (d)

  any subordinate legislation under the legislation mentioned in
  5paragraphs (a) to (c);

• “local authority in England” means—

  (a)

  a county council in England;

  (b)

  a district council;

  (c)

  a London Borough council;

  (d)

  10the Common Council of the City of London (in their capacity as
  a local authority);

  (e)

  the Council of the Isles of Scilly;

  (f)

  a combined authority established under section 103 of the Local
  Democracy, Economic Development and Construction Act
  152009;

• “relevant agency”, in relation to a local authority area, has the meaning
  given by section 16E(3) of the Children Act 2004;

• “safeguarding partner”, in relation to a local authority area, has the
  meaning given by section 16E(3) of the Children Act 2004;

• 20“subordinate legislation” has the same meaning as in the Interpretation
  Act 1978;

• “young people” means people, other than children, under the age of 25.

CHAPTER 4 Other provision relating to children's social care

Children's social care: pre-employment protection of whistle-blowers

40 25Pre-employment protection of whistle-blowers

(1) Part 5A of the Employment Rights Act 1996 is amended as follows.

(2) In the Part heading omit “in the Health Service”.

(3) In section 49B, in the heading, at the beginning insert “The health service:”.

(4) After section 49B insert—

“49C 30Children’s social care: regulations prohibiting discrimination because
of protected disclosure

(1) The Secretary of State may make regulations prohibiting a relevant
employer from discriminating against a person who applies for a
children’s social care position (an “applicant”) because it appears to the
35employer that the applicant has made a protected disclosure.

(2) A “position” means a position in which a person works under—

(a) a contract of employment,

(b) a contract to do work personally, or

(c) the terms of an appointment to an office or post.

(3) 40A position is a “children’s social care position” if the work done in it
relates to the children’s social care functions of a relevant employer.

(4) For the purposes of subsection (1), a relevant employer discriminates
against an applicant if the employer refuses the applicant’s application
or in some other way treats the applicant less favourably than it treats
or would treat other applicants for the same position.

(5) 5Regulations under this section may, in particular—

(a) make provision as to circumstances in which discrimination by
a worker or agent of a relevant employer is to be treated, for the
purposes of the regulations, as discrimination by the employer;

(b) confer jurisdiction (including exclusive jurisdiction) on
10employment tribunals or the Employment Appeal Tribunal;

(c) make provision for or about the grant or enforcement of
specified remedies by a court or tribunal;

(d) make provision for the making of awards of compensation
calculated in accordance with the regulations;

(e) 15make different provision for different cases or circumstances;

(f) make incidental or consequential provision, including
incidental or consequential provision amending—

(i) an Act of Parliament (including this Act),

(ii) an Act of the Scottish Parliament,

(iii) 20a Measure or Act of the National Assembly for Wales, or

(iv) an instrument made under an Act or Measure within
any of sub-paragraphs (i) to (iii).

(6) Subsection (5)(f) does not affect the application of section 236(5) to the
power conferred by this section.

(7) 25“Relevant employer” means any of the following that are prescribed by
regulations under this section—

(a) a local authority in England;

(b) a body corporate that, under arrangements made by a local
authority in England under section 1 of the Children and Young
30Persons Act 2008, exercises children’s social care functions;

(c) a person who, as a result of a direction under section 497A(4) or
(4A) of the Education Act 1996 as applied by section 50 of the
Children Act 2004 (local authorities in England: intervention by
Secretary of State) exercises children’s social care functions;

(d) 35the council of a county or county borough in Wales;

(e) a person who, as a result of a direction under any of sections 153
to 157 of the Social Services and Well-being (Wales) Act 2014,
exercises children’s social care functions;

(f) a council constituted under section 2 of the Local Government
40etc (Scotland) Act 1994.

(8) A “local authority in England” means—

(a) a county council in England;

(b) a district council;

(c) a London borough council;

(d) 45the Common Council of the City of London (in their capacity as
a local authority);

(e) the Council of the Isles of Scilly;

(f) a combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act
2009.

(9) “Children’s social care functions”—

(a) 5in relation to a relevant employer referred to in subsection (7)(a)
to (c), means functions of a local authority in England under—

(i) any legislation specified in Schedule 1 to the Local
Authority Social Services Act 1970 so far as relating to
those under the age of 18;

(ii) 10sections 23C to 24D of the Children Act 1989, so far as
not within sub-paragraph (i);

(iii) the Children Act 2004;

(iv) any subordinate legislation (within the meaning given
by section 21(1) of the Interpretation Act 1978) under the
15legislation mentioned in sub-paragraphs (i) to (iii);

(b) in relation to a relevant employer referred to in subsection (7)(d)
or (e), means any functions relating to the social care of children
in Wales that are prescribed by regulations under this section;

(c) in relation to a relevant employer referred to in subsection (7)(f),
20means any functions relating to the social care of children in
Scotland that are prescribed by regulations under this section.

(10) The Secretary of State must consult the Welsh Ministers before making
regulations under this section in reliance on subsection (7)(d) or (e) or
(9)(b).

(11) 25The Secretary of State must consult the Scottish Ministers before
making regulations under this section in reliance on subsection (7)(f) or
(9)(c).

(12) For the purposes of subsection (5)(a)—

(a) “worker” has the extended meaning given by section 43K, and

(b) 30a person is a worker of a relevant employer if the relevant
employer is an employer in relation to the person within the
extended meaning given by that section.””

(5) In section 230(6) (interpretation of references to employees, workers etc) for
“and 49B(10)” substitute “, 49B(10) and 49C(12)”.

(6) 35In section 236(3) (orders and regulations subject to affirmative procedure) after
“49B,” insert “49C,”.

Combined authority functions relating to children

41 Power to secure proper performance

(1) In section 50 of the Children Act 2004 (powers of the Secretary of State to secure
40proper performance etc), after subsection (6) insert—

“(7) If any functions of a local authority in England which are specified in
subsection (2) are exercisable by a combined authority by virtue of
section 105 of the Local Democracy, Economic Development and
Construction Act 2009—

(a) a reference in this section to a local authority includes a
reference to the combined authority, and

(b) a reference in this section to functions specified in subsection (2)
is, in relation to the combined authority, to be read as a
5reference to those functions so far as exercisable by the
combined authority.””

(2) In section 15 of the Childcare Act 2006 (powers of the Secretary of State to
secure proper performance etc), after subsection (6) insert—

“(6A) If any functions of an English local authority under this Part are
10exercisable by a combined authority by virtue of section 105 of the Local
Democracy, Economic Development and Construction Act 2009—

(a) a reference in any of subsections (3) to (6) to an English local
authority includes a reference to the combined authority, and

(b) a reference in those subsections to functions under this Part is,
15in relation to the combined authority, to be read as a reference
to those functions so far as exercisable by the combined
authority.””

Part 2 Social workers etc in England

20Social Work England

42 Social Work England

(1) A body corporate called Social Work England is established.

(2) Social Work England is referred to in this Part as “the regulator”.

(3) Schedule 3 makes further provision about the regulator.

(4) 25The Secretary of State may by regulations rename Social Work England.

(5) Regulations under subsection (4) may include consequential amendments to
any provision contained in or made under this or any other Act.

43 Over-arching objective

(1) The over-arching objective of the regulator in exercising its functions is the
30protection of the public.

(2) The pursuit by the regulator of its over-arching objective involves the pursuit
of the following objectives—

(a) to protect, promote and maintain the health, safety and well-being of
the public;

(b) 35to promote and maintain public confidence in social workers in
England;

(c) to promote and maintain proper professional standards for social
workers in England.

44 Advisers

(1) The Secretary of State may by regulations—

(a) permit or require the regulator to appoint one or more people or panels
of people to advise the regulator on matters relating to its functions,
5and

(b) make provision about the functions of people or panels so appointed.

(2) The regulations may make further provision in connection with the
appointment of a person or panel.

(3) For example, the regulations may make provision about—

(a) 10payments to be made to those appointed;

(b) staff, facilities or other assistance.

Regulation and improvement

45 Registration

(1) The regulator must keep a register of social workers in England.

(2) 15The Secretary of State may by regulations require the regulator to keep a
register of people who are undertaking education or training in England to
become social workers.

(3) The Secretary of State may by regulations—

(a) authorise the regulator to appoint a member of staff as a registrar;

(b) 20make provision about the functions of the registrar;

(c) make other provision in connection with the keeping of a register.

(4) For example, the regulations may make provision about—

(a) eligibility for registration or continued registration;

(b) the combination of the registers mentioned in subsections (1) and (2);

(c) 25categories of registration;

(d) the procedure for dealing with registration applications;

(e) expiry and renewal of entries;

(f) the content of the register;

(g) duties to provide information to the regulator;

(h) 30suspension or removal from the register;

(i) restoration of entries;

(j) appeals against decisions in connection with registration;

(k) publication of, or access to, the register or information contained in it;

(l) the procedure for considering, investigating or determining any matter
35in connection with the register or registration (including standards of
proof);

(m) evidence in legal proceedings of matters contained in the register
(including provision for a certificate to be conclusive proof).

46 Restrictions on practice and protected titles

40The Secretary of State may by regulations impose prohibitions or restrictions
in connection with—

(a) the carrying out of social work in England;

(b) the use, in relation to social work in England, of titles or descriptions
specified in the regulations;

(c) the holding out of a person as qualified to carry out social work in
England.

47 5 Professional standards

(1) The regulator must determine and publish professional standards for social
workers in England.

(2) If the regulator is required to keep a register of students, it must determine and
publish standards of conduct or ethics for registered students.

(3) 10Before determining a standard under this section the regulator must—

(a) consult such persons as the regulator considers appropriate, and

(b) obtain the Secretary of State’s approval of the standard.

(4) The Secretary of State may by regulations make provision about arrangements
for assessing whether a person meets a professional standard under subsection
15(1) relating to proficiency.

(5) If the Secretary of State has made regulations under section 52(1)(a) (transfer to
the regulator of functions in connection with approved mental health
professionals), the reference in subsection (1) to professional standards for
social workers in England includes professional standards relating to their
20work as approved mental health professionals.

48 Improvement standards

(1) The Secretary of State may—

(a) determine and publish improvement standards for social workers in
England;

(b) 25carry out assessments of whether people meet improvement standards
under paragraph (a).

(2) The Secretary of State may make arrangements for another person to do any or
all of those things (and may make payments to that person).

(3) The Secretary of State must consult such persons as the Secretary of State
30considers appropriate before determining a standard under subsection (1)(a).

(4) In this section “improvement standard” means a professional standard the
attainment of which demonstrates particular expertise or specialisation.

(5) Nothing in this section limits anything in section 47.

49 Education and training

(1) 35The regulator must, in relation to people who are or who wish to become social
workers in England, determine and publish standards of education or training.

(2) Before determining a standard under this section the regulator must—

(a) consult such persons as the regulator considers appropriate, and

(b) obtain the Secretary of State’s approval of the standard.

(3) 40The Secretary of State may by regulations make provision for the regulator to
operate a scheme for the approval of—