Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 1 — Children’s Commissioner
1

[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision for the establishment of a Children’s Commissioner; to make
provision about services provided to and for children and young people by
local authorities and other persons; to make provision in relation to Wales
about advisory and support services relating to family proceedings; to make
provision about private fostering, child minding and day care, adoption
review panels, the defence of reasonable punishment, the making of grants as
respects children and families and about child safety orders.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Children’s Commissioner
1
Establishment
(1)
There is to be an office of Children’s Commissioner.
(2)
Schedule 1 has effect with respect to the Children’s Commissioner.
5
2
General function
(1)
The Children’s Commissioner has the function of promoting and safeguarding
the rights and interests of children in England.
(2)
The Children’s Commissioner may in particular under this section—
(a)
encourage persons exercising functions or engaged in activities
10
affecting children to take account of their rights, views and interests;
(b)
advise the Secretary of State on the rights, views and interests of
children;
(c)
review and report on the effectiveness of—
(i)
advice and advocacy services;
15
(ii)
complaints procedures; and

Bill 144 53/3

Children Bill [HL]
Part 1 — Children’s Commissioner
2

(iii)
inspection and whistle-blowing arrangements;

so far as relating to children;
(d)
review and report on any other matter relating to the rights, views and
interests of children.
(3)
The Children’s Commissioner must take reasonable steps to involve children
5
in the discharge of his function under this section, and in particular to—
(a)
ensure that children are made aware of his function and how they may
communicate with him;
(b)
consult children, and organisations working with children, on the
matters he proposes to review and report on under subsection (2)(c) or
10
(d);
(c)
ensure that the content of any material issued by the Commissioner or
his staff, whether printed or in electronic or other form, which is
intended to be used by children, takes account, so far as practicable, of
the means of communication, level of understanding and usual
15
language of the intended recipients.
(4)
The Children’s Commissioner must for the purposes of subsection (3) have
particular regard to groups of children who do not have other adequate means
by which they can make their views known.
(5)
The Children’s Commissioner or a person authorised by him may for the
20
purposes of his function under this section at any reasonable time—
(a)
enter any premises, other than a private dwelling, for the purposes of
interviewing any child accommodated or cared for there; and
(b)
if the child consents, interview the child in private.
(6)
Any person exercising functions under any enactment must supply the
25
Children’s Commissioner with such information in that person’s possession
relating to those functions as the Children’s Commissioner may reasonably
request for the purposes of his function under this section (provided that the
information is information which that person may, apart from this subsection,
lawfully disclose to him).
30
(7)
The Children’s Commissioner may provide assistance to a child to bring legal
proceedings where the child is unable to bring legal proceedings; and it
appears to the Commissioner reasonable to do so and there is no other person
or body likely to provide such assistance or take such action (or both).
(8)
In considering for the purpose of his function under this section what
35
constitutes the rights and interests of children (generally or so far as relating to
a particular matter) the Children’s Commissioner must have regard to the
United Nations Convention on the Rights of the Child.
(9)
In subsection (8) the reference to the United Nations Convention on the Rights
of the Child is to the Convention on the Rights of the Child adopted by the
40
General Assembly of the United Nations on 20th November 1989, subject to
any reservations, objections or interpretative declarations by the United
Kingdom for the time being in force.
(10)
For the purposes of this section “children” includes—
(a)
young people in custody under the age of 22;
45
(b)
young people in respect of whom a children’s services authority has
duties under sections 23C to 24D of the Children Act 1989 (c. 41); and
(c)
young people with learning disabilities under the age of 21.

Children Bill [HL]
Part 1 — Children’s Commissioner
3

3
Annual report
(1)
As soon as possible after the end of each financial year the Children’s
Commissioner must make a report on—
(a)
the way in which he has discharged his function under section 2 during
the year;
5
(b)
what he has found in the course of exercising that function during the
year; and
(c)
the matters he intends to consider or research during the next financial
year.
(2)
The Children’s Commissioner must in particular under subsection (1)(a)
10
include an account of the steps taken by him under section 2(3).
(3)
Where the Children’s Commissioner makes a report under this section—
(a)
he must send a copy to the Secretary of State; and
(b)
the Secretary of State must lay a copy before each House of Parliament.
(4)
The Children’s Commissioner must publish a report made under this section
15
as soon as possible after the Secretary of State has discharged his function
under subsection (3)(b).
(5)
In this section, “financial year” has the same meaning as in paragraph 8 of
Schedule 1.
4
Inquiries initiated by Commissioner
20
(1)
Where the Children’s Commissioner considers that the case of an individual
child raises issues of public policy of relevance to other children, he may hold
an inquiry into that case for the purpose of investigating and making
recommendations about those issues.
(2)
The Children’s Commissioner may only conduct an inquiry under this section
25
if he is satisfied that the inquiry would not duplicate work that is the function
of another person (having consulted such persons as he considers
appropriate).
(3)
Before holding an inquiry under this section the Children’s Commissioner
must consult the Secretary of State.
30
(4)
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this
section, or any part of it, in private.
(5)
As soon as possible after completing an inquiry under this section the
Children’s Commissioner must—
(a)
publish a report containing his recommendations; and
35
(b)
send a copy to the Secretary of State.
(6)
The report need not identify any individual child if the Commissioner
considers that it would be undesirable for the identity of the child to be made
public.
(7)
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70)
40
apply for the purposes of an inquiry held under this section in England and
Wales as they apply for the purposes of a local inquiry under that section with
the substitution for references to the person appointed to hold the inquiry of
references to the Children’s Commissioner.

Children Bill [HL]
Part 1 — Children’s Commissioner
4

(8)
Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act
1973 (c. 65) apply for the purposes of an inquiry held under this section in
Scotland as they apply for the purposes of a local inquiry under that section
with the substitution for references to the person appointed to hold the inquiry
of references to the Children’s Commissioner.
5
(9)
Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services
(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes
of an inquiry held under this section in Northern Ireland as they apply for the
purposes of a local inquiry under that Order with the substitution for
references to the person appointed to hold the inquiry of references to the
10
Children’s Commissioner.
5
Other inquiries held by Commissioner
(1)
Where the Secretary of State considers that the case of an individual child raises
issues of relevance to other children, he may direct the Children’s
Commissioner to hold an inquiry into that case.
15
(2)
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this
section, or any part of it, in private.
(3)
The Children’s Commissioner must, as soon as possible after the completion of
an inquiry under this section, make a report in relation to the inquiry and send
a copy to the Secretary of State.
20
(4)
The Secretary of State must, subject to subsection (5), publish each report
received by him under this section.
(5)
Where a report made under this section identifies an individual child and the
Secretary of State considers that it would be undesirable for the identity of the
child to be made public—
25
(a)
the Secretary of State may make such amendments to the report as are
necessary to protect the identity of the child and publish the amended
report only; or
(b)
if he considers that it is not possible to publish the report without
identifying the child, he need not publish the report.
30
(6)
The Secretary of State must lay a copy of each report published by him under
this section before each House of Parliament.
(7)
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
apply for the purposes of an inquiry held under this section in England and
Wales as they apply for the purposes of a local inquiry under that section.
35
(8)
Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act
1973 apply for the purposes of an inquiry held under this section in Scotland as
they apply for the purposes of a local inquiry under that section with the
substitution (notwithstanding the provisions of section 53 of the Scotland Act
1998 (c. 46) (general transfer of functions to the Scottish Ministers)) for
40
references to the Minister of references to the Secretary of State.
(9)
Paragraphs 2 to 8 of Schedule 8 to the Health and Personal Social Services
(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes
of an inquiry held under this section in Northern Ireland as they apply for the
purposes of a local inquiry under that Order with the substitution for
45
references to the Ministry of references to the Secretary of State.