Children and Social Work Bill (HL Bill 57)

Children and Social Work BillPage 20

(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
5falls within the local authority area.”

Consequential amendments

28 Abolition of Local Safeguarding Children Boards

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

(2) 10In Schedule 1 to the Local Authority Social Services Act 1970 (social services
functions of local authorities), in the entry relating to the Children Act 2004—

(a) for “13 to 16” substitute “16A to 16Q”;

(b) omit “targets for”;

(c) omit “, and to Local Safeguarding Children Boards”.

15Children's social care: different ways of working

29 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 with a view to achieving better outcomes under
children’s social care legislation or achieving the same outcomes more
20efficiently.

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

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

(b) modify the way in which a requirement imposed by children’s social
25care legislation applies in relation to a local authority in England.

(3) The Secretary of State may make regulations under this section relating to a
local authority in England only if asked to do so by that authority.

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

(5) 30Regulations under this section may include consequential modifications of
children’s social care legislation.

(6) Regulations under this section are subject to the negative resolution procedure
if they only—

(a) relate to requirements imposed by subordinate legislation, or

(b) 35revoke earlier regulations under this section.

(7) Any other regulations under this section are subject to the affirmative
resolution procedure.

(8) Subsection (3) does not apply to regulations under this section that only revoke
earlier regulations under this section.

Children and Social Work BillPage 21

(9) If regulations under this section are subject to the affirmative resolution
procedure 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.

30 5Duration

(1) Regulations under section 29 must specify a period at the end of which they
lapse.

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

(3) 10But the Secretary of State may by further regulations under section 29 amend
the specified period to extend it by up to 3 years.

(4) The 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
15purpose mentioned in section 29(1).

(6) The Secretary of State may by regulations make transitional provision in
connection with the lapsing of regulations under section 29.

31 Consultation

(1) Before asking the Secretary of State to make regulations under section 29 a local
20authority in England must consult such of the other safeguarding partners and
relevant agencies in relation to its area as it considers appropriate.

(2) Before making regulations under section 29 the Secretary of State must
consult—

(a) the Children’s Commissioner,

(b) 25Her Majesty’s Chief Inspector of Education, Children’s Services and
Skills, and

(c) any other person that the Secretary of State considers appropriate.

(3) But no consultation is required where the regulations under section 29 only
revoke earlier regulations under that section.

(4) 30The Secretary of State may by regulations amend this section for the purposes
of adding to those who must be consulted by a local authority in England or
the Secretary of State.

(5) Regulations under subsection (4) are subject to the negative resolution
procedure.

32 35Interaction with law about Secretary of State intervening

(1) Where a direction under section 497A(4) or (4A) of the Education Act 1996 as
applied by section 50 of the Children Act 2004 (intervention by Secretary of
State) is made in relation to any functions of a local authority in England—

(a) regulations under section 29 may be made in relation to those functions
40as exercisable by the specified person, and

(b) the regulations may be made so as to apply in relation to the local
authority if the direction ceases to be in force.

Children and Social Work BillPage 22

(2) Sections 29(3) and 31(1) do not apply in relation to the making of regulations in
reliance on subsection (1) if the specified person is the Secretary of State.

(3) In relation to the making of regulations in reliance on subsection (1) in a case
where the specified person is not the Secretary of State—

(a) 5the request under section 29(3) must be made by the specified person
(instead of by the local authority);

(b) the consultation under section 31(1) must be performed by the specified
person (instead of by the local authority).

(4) In this section “the specified person” means—

(a) 10in a case where the direction mentioned in subsection (1) was given
under section 497A(4) of the Education Act 1996 as applied, the person
specified in the direction;

(b) in a case where the direction mentioned in subsection (1) was given
under section 497A(4A) of the Education Act 1996 as applied, the
15Secretary of State or the person nominated by the Secretary of State.

(5) In section 50 of the Children Act 2004 (intervention), in subsection (2)—

(a) omit “and” at the end of paragraph (b);

(b) at the end of paragraph (c) insert ; and

(d) any function conferred by regulations under section 29
20of the Children and Social Work Act 2016.”

33 Interpretation of sections 29 to 32

In sections 29 to 32—

  • “children’s social care legislation” means—

    (a)

    any legislation specified in Schedule 1 to the Local Authority
    25Social Services Act 1970 so far as relating to those under the age
    of 18;

    (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)

    30any subordinate legislation under the legislation mentioned in
    paragraphs (a) to (c);

  • “local authority in England” means—

    (a)

    a county council in England;

    (b)

    a district council;

    (c)

    35a London Borough council;

    (d)

    the 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
    40Democracy, Economic Development and Construction Act
    2009;

  • “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
    45meaning given by section 16E(3) of the Children Act 2004;

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

Children and Social Work BillPage 23

Part 2 Social workers etc in England

CHAPTER 1 Social worker regulations

5Power to regulate social workers

34 Social worker regulations

(1) The Secretary of State may, for the purpose of regulating social workers in
England, make regulations dealing with any of the matters authorised by this
Chapter (“social worker regulations”).

(2) 10Social worker regulations are subject to the affirmative resolution procedure.

Core content of social worker regulations

35 The regulator

(1) Social worker regulations may appoint the Secretary of State or another person
to be the regulator of social workers in England (“the regulator”).

(2) 15Social worker regulations may establish a new body to be the regulator.

36 Registration

(1) Social worker regulations may require the regulator to keep—

(a) a register of social workers in England,

(b) a register of people who are undertaking education or training in
20England to become social workers, or

(c) a combined register of the people mentioned in paragraphs (a) and (b).

(2) The regulations—

(a) may provide for the appointment of a registrar, and

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

(3) 25For example, the regulations may make provision about—

(a) eligibility for registration or continued registration;

(b) categories of registration;

(c) the procedure for dealing with registration applications;

(d) expiry and renewal of entries;

(e) 30the content of the register;

(f) duties to provide information to the regulator;

(g) suspension or removal from the register;

(h) restoration of entries;

(i) appeals against decisions in connection with registration;

(j) 35publication of, or access to, the register or information contained in it;

(k) the procedure for considering, investigating or determining fitness to
be or to remain registered (including standards of proof).

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37 Restrictions on practice and protected titles

Social worker regulations may impose prohibitions or restrictions in
connection with—

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

(b) 5the use of titles or descriptions specified in the regulations;

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

38 Professional standards

(1) Social worker regulations may require the regulator or the Secretary of State to
10determine and publish—

(a) professional standards for social workers in England;

(b) standards of conduct or ethics for registered students.

(2) Social worker regulations may make provision about arrangements for
assessing whether a person meets a professional standard relating to
15proficiency.

(3) If the Secretary of State has made regulations under section 53(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.

(4) In this section “professional standards” includes standards relating to—

(a) proficiency;

(b) performance;

(c) conduct and ethics;

(d) 25continuing professional training and development.

39 Education and training

(1) Social worker regulations may require the regulator or the Secretary of State to
determine and publish standards of education or training in England for
people who are or who wish to become social workers.

(2) 30Social worker regulations may make provision for the regulator to operate a
scheme for the accreditation of—

(a) courses of education or training for people who are or who wish to
become social workers in England;

(b) qualifications for people who are or who wish to become social workers
35in England.

(3) The regulations may make provision in connection with the accreditation
scheme.

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

(a) the criteria for accreditation or continued accreditation;

(b) 40the procedure for accreditation or renewal of accreditation;

(c) duties to provide information to the regulator;

(d) the publication of the scheme.

Children and Social Work BillPage 25

40 Discipline and fitness to practise

(1) Social worker regulations may make provision about—

(a) discipline of social workers in England or registered students;

(b) fitness to practise as a social worker in England.

(2) 5For example, the regulations may make provision about—

(a) the person by whom decisions about discipline or fitness to practise are
to be taken;

(b) the appointment of assessors, examiners or legal or other advisers;

(c) the circumstances in which disciplinary action may be taken or the
10circumstances in which a person’s fitness to practise is impaired;

(d) the procedure for considering, investigating or determining
disciplinary matters or fitness to practise (including standard of proof);

(e) powers to obtain information;

(f) temporary measures that may be taken against a person pending the
15outcome of an investigation;

(g) sanctions;

(h) appeals against decisions.

41 Advisers

(1) Social worker regulations may—

(a) 20permit or require the regulator to appoint one or more people or panels
of people to advise the regulator on matters relating to its functions,
and

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

(2) The regulations may make further provision in connection with the
25appointment of a person or panel.

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

(a) payments to be made to those appointed;

(b) staff, facilities or other assistance.

Default powers, information, co-operation etc

42 30Default powers

(1) This section applies where social worker regulations appoint a person other
than the Secretary of State as the regulator.

(2) The regulations may confer power on a specified person to give the regulator
a remedial direction if the regulator—

(a) 35has defaulted in performing any functions and has not remedied the
default, or

(b) is likely to default in performing any function.

(3) The regulations may make further provision about remedial directions and
their enforcement.

(4) 40For example, the regulations may make provision about—

(a) the procedure for determining whether the regulator has defaulted or
is likely to default;

Children and Social Work BillPage 26

(b) the procedure for giving remedial directions;

(c) the steps that the specified person may take if the regulator fails to
comply with a remedial direction (which may include doing anything
that the regulator can do);

(d) 5the payment by the regulator of any expenses incurred by the specified
person (including expenses incurred in making payments to anyone
acting on the specified person’s behalf).

43 Publication and sharing of information

Social worker regulations may include provision permitting or requiring the
10regulator to publish or disclose information.

44 Duty to co-operate

Social worker regulations may impose duties on the regulator to co-operate
with others in connection with the regulator’s functions.

45 Transfer schemes

(1) 15Where social worker regulations appoint a new regulator, they may authorise
the Secretary of State to make a scheme for the transfer of property, rights and
liabilities from the old regulator to the new regulator or to another person (a
“transfer scheme”).

(2) “The old regulator” means—

(a) 20in relation to the first exercise of the power to make social worker
regulations appointing a regulator, the Health and Care Professions
Council, and

(b) in relation to any subsequent exercise of the power, the regulator
previously appointed by social worker regulations or a person who
25holds property, rights and liabilities for the purposes of that regulator.

(3) The regulations may provide that a transfer scheme may include provision—

(a) about the transfer of property, rights and liabilities that could not
otherwise be transferred;

(b) about the transfer of property acquired, and rights and liabilities
30arising, after the making of the scheme.

(4) The regulations may provide that a transfer scheme may make consequential,
supplementary, incidental or transitional provision and may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred;

(b) 35make provision about the continuing effect of things done by the old
regulator in respect of anything transferred;

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
to the old regulator in respect of anything transferred;

(d) 40make provision for references to the old regulator in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee;

(e) make provision for the shared ownership or use of property;

(f) if the TUPE regulations do not apply in relation to the transfer, make
45provision which is the same or similar.

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(5) In subsection (4)(f), “TUPE regulations” means the Transfer of Undertakings
(Protection of Employment) Regulations 2006 (SI 2006/246SI 2006/246).

(6) In this section—

(a) references to rights and liabilities include rights and liabilities relating
5to a contract of employment;

(b) references to the transfer of property include the grant of a lease.

Fees and funding

46 Fees

(1) Social worker regulations may confer power on the regulator to charge fees in
10connection with—

(a) registration or continued registration in a register mentioned in
section 36;

(b) assessing whether a person meets a professional standard relating to
proficiency as mentioned in section 38(2);

(c) 15accreditation or continued accreditation in accordance with a scheme
mentioned in section 39.

(2) Where social worker regulations appoint a person other than the Secretary of
State as the regulator, they must require the regulator to pay any fee income to
the Secretary of State unless the Secretary of State directs otherwise.

(3) 20The regulations may include provision about —

(a) the setting of fees (including provision imposing constraints on how
they are set);

(b) the collection and recovery of fees.

(4) The regulations may authorise fees to be set at a level that exceeds the cost of
25the things in respect of which they are charged.

(5) But the regulations must require whoever is setting the fees to do so with a
view to ensuring that, so far as possible, the regulator’s fee income does not
exceed its expenses (taking one year with another).

47 Grants

30Social worker regulations may confer power on the Secretary of State to make
grants to the regulator (in cases where the Secretary of State is not the
regulator).

Supplementary content

48 Offences

(1) 35The power to make social worker regulations may be used to create offences in
connection with—

(a) registration in a register mentioned in section 36;

(b) prohibitions or restrictions imposed under section 37 (restrictions on
practice and protected titles);

(c) 40failing to comply with a requirement to provide documents or other
information or to attend and give evidence under the regulations;

Children and Social Work BillPage 28

(d) providing false or misleading information or evidence in response to a
requirement under the regulations.

(2) If social worker regulations create an offence, the regulations—

(a) must provide for the offence to be triable summarily only, and

(b) 5may not provide for the offence to be punishable with imprisonment.

49 Conferral of functions and sub-delegation etc

(1) Social worker regulations may be used to confer functions on the regulator or
a Minister of the Crown.

(2) Social worker regulations may confer discretions on the regulator or a Minister
10of the Crown or make provision for the delegation of functions conferred by
the regulations (including functions that involve exercising a discretion).

(3) Social worker regulations may confer powers to make, confirm or approve
subordinate legislation.

(4) The provision that may be made in social worker regulations by virtue of
15section 57 includes, in particular, provision amending, repealing or revoking
any provision made by or under an Act or any other instrument or document
(whenever passed or made).

Consultation

50 Consultation about social worker regulations

(1) 20Before making social worker regulations the Secretary of State must carry out
a public consultation.

(2) Where the Secretary of State lays a draft of an instrument containing social
worker regulations before Parliament, it must be accompanied by a report by
the Secretary of State about the consultation.

25Interpretation etc

51 Repeal of existing powers to regulate social workers

(1) The Health Act 1999 is amended as follows.

(2) In section 60 (regulation of health professions, social workers, other care
workers etc)—

(a) 30in subsection (1), omit paragraphs (ba) and (bb);

(b) in subsection (2), in paragraphs (c) and (d), omit “(other than the social
work profession in England)”;

(c) omit subsection (2ZA);

(d) in subsection (2ZC), omit paragraph (o);

(e) 35after subsection (2ZE) insert—

(2ZEA) In subsection (2ZC) “social work in England” means social work
which is required in connection with any health, education or
social services provided in England.”;

(f) in the heading for “, social workers, other care” substitute “and social
40care”.

Children and Social Work BillPage 29

(3) In section 60A (standards of proof in fitness to practise proceedings)—

(a) in subsection (2A), omit paragraph (b);

(b) in subsection (3), omit “or the social work profession in England
(within the meaning given in section 60(2ZA)”.

52 5Interpretation of Chapter

In this Chapter—

  • “approved mental health professional” has the meaning given by section
    114 of the Mental Health Act 1983;

  • “Minister of the Crown” has the same meaning as in the Ministers of the
    10Crown Act 1975;

  • “register” means a register required to be kept by regulations under
    section 36 (and related expressions are to be read accordingly);

  • “registered student” means a person registered as someone who is
    undertaking education or training in England to become a social
    15worker;

  • “the regulator” means the person appointed by social worker regulations
    under section 35;

  • “social work in England” means social work which is required in
    connection with any health, education, or social services provided in
    20England;

  • “social worker in England” means a person who engages in social work in
    England.

CHAPTER 2 Approval of courses in relation to mental health social work

53 25Approval of courses for approved mental health professionals

(1) The Secretary of State may by regulations amend section 114ZA of the Mental
Health Act 1983 (approval of courses for approved mental health professionals
in England) for the purposes of—

(a) transferring the functions of the Health and Care Professions Council
30under that section to the regulator of social workers;

(b) giving the regulator of social workers power to charge fees for
approving courses under that section.

(2) The regulations may include provision in connection with the approval of
courses or charging of fees by the regulator under that section.

(3) 35For example, the regulations may—

(a) authorise the regulator to arrange for another person to exercise
functions on the regulator’s behalf;

(b) make provision about the setting of criteria for the approval or
continued approval of courses;

(c) 40make provision about the procedure for approval or renewal of
approval;

(d) make provision about duties to provide information.

(4) If the regulations give the regulator power to charge fees, section 46(2) and (3)
apply to the regulations as they apply to social worker regulations.