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Children Bill [HL]


Children Bill [HL]
Part 2 — Children’s services in England

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(c)   

functions under section 15B of the Education Act 1996 (c. 56) or section

23 of the Learning and Skills Act 2000 (c. 21) (education for persons

who have attained the age of 19);

(d)   

functions under section 22 of the Teaching and Higher Education Act

1998 (c. 30) (financial support to students);

5

(e)   

such other functions conferred on or exercisable by a children’s services

authority in England in their capacity as a local education authority as

the Secretary of State may by regulations prescribe.

(4)   

An officer appointed by a children’s services authority in England under this

section is to be known as their “director of children’s services”.

10

(5)   

The director of children’s services appointed by a children’s services authority

in England may also have responsibilities relating to such functions conferred

on or exercisable by the authority, in addition to those specified in subsection

(1), as the authority consider appropriate.

(6)   

The functions in relation to which a director of children’s services may have

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responsibilities by virtue of subsection (5) include those referred to in

subsection (3)(a) to (e).

(7)   

A children’s services authority in England must have regard to any guidance

given to them by the Secretary of State for the purposes of this section.

(8)   

Two or more children’s services authorities in England may for the purposes

20

of this section, if they consider that the same person can efficiently discharge,

for both or all of them, the responsibilities of director of children’s services,

concur in the appointment of a person as director of children’s services for both

or all of them.

(9)   

The amendments in Schedule 2

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(a)   

have effect, in relation to any authority which appoint a director of

children’s services before the appointed day, from the day of his

appointment; and

(b)   

on and after the appointed day have effect for all purposes.

(10)   

In this section, “the appointed day” means such day as the Secretary of State

30

may by order appoint.

15      

Lead member for children’s services

(1)   

A children’s services authority in England must, in making arrangements for

the discharge of—

(a)   

the functions conferred on or exercisable by the authority specified in

35

section 14(1)(a) and (b), and

(b)   

such other functions conferred on or exercisable by the authority as the

authority consider appropriate,

   

designate one of their members as their “lead member for children’s services”.

(2)   

A children’s services authority in England must have regard to any guidance

40

given to them by the Secretary of State for the purposes of subsection (1).

 

 

Children Bill [HL]
Part 2 — Children’s services in England

13

 

Inspections of children’s services

16      

Joint area reviews

(1)   

The Secretary of State may by regulations require the persons and bodies to

which this section applies to conduct, at such times or intervals as may be

specified in the regulations, reviews of all children’s services provided in the

5

area of each children’s services authority in England.

(2)   

Any two or more of the persons and bodies to which this section applies must,

at the request of the Secretary of State, conduct a review of any children’s

services provided in the area of such children’s services authority in England

as may be specified in the request.

10

(3)   

Any two or more of the persons and bodies to which this section applies may

conduct a review of any children’s services provided in the area of a particular

children’s services authority in England.

(4)   

The purpose of a review under this section is to evaluate the extent to which,

taken together, the children’s services being reviewed improve the well-being

15

of children and relevant young persons.

(5)   

The persons and bodies to which this section applies are—

(a)   

the Chief Inspector of Schools;

(b)   

the Adult Learning Inspectorate;

(c)   

the Commission for Social Care Inspection;

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(d)   

the Commission for Healthcare Audit and Inspection;

(e)   

the Audit Commission for Local Authorities and the National Health

Service in England and Wales;

(f)   

the chief inspector of constabulary;

(g)   

Her Majesty’s Chief Inspector of the National Probation Service for

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England and Wales;

(h)   

Her Majesty’s Chief Inspector of Court Administration; and

(i)   

the Chief Inspector of Prisons.

(6)   

Reviews under this section are to be conducted in accordance with

arrangements made by the Chief Inspector of Schools.

30

(7)   

Before making arrangements for the purposes of reviews under this section the

Chief Inspector of Schools must consult such of the other persons and bodies

to which this section applies as he considers appropriate.

(8)   

The annual report of the Chief Inspector of Schools required by subsection

(7)(a) of section 2 of the School Inspections Act 1996 (c. 57) to be made to the

35

Secretary of State must include an account of reviews under this section; and

the power conferred by subsection (7)(b) of that section to make other reports

to the Secretary of State includes a power to make reports about such reviews.

(9)   

The Secretary of State may by regulations make provision for the purposes of

reviews under this section and in particular provision—

40

(a)   

requiring or facilitating the sharing or production of information for the

purposes of a review under this section (including provision for the

creation of criminal offences);

(b)   

authorising any person or body conducting a review under this section

to enter any premises for the purposes of the review (including

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provision for the creation of criminal offences);

 

 

Children Bill [HL]
Part 2 — Children’s services in England

14

 

(c)   

imposing requirements as to the making of a report on each review

under this section;

(d)   

for the making by such persons as may be specified in or under the

regulations of written statements of proposed action in the light of the

report and the period within which any such action must or may be

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taken;

(e)   

for the disapplication, in consequence of a requirement under this

section, of any requirement under any other enactment to conduct an

assessment or to do anything in connection with an assessment.

(10)   

Regulations under subsection (9)(a) and (b) may in particular make provision

10

by applying enactments falling within subsection (11), with or without

modification, for the purposes of reviews under this section.

(11)   

The enactments falling within this subsection are enactments relating to the

powers of persons and bodies to which this section applies for the purposes of

assessments other than reviews under this section.

15

17      

Framework

(1)   

The Chief Inspector of Schools must devise a Framework for Inspection of

Children’s Services (“the Framework”).

(2)   

The Framework must, for the purpose specified in subsection (3), set out

principles to be applied by any person or body conducting a relevant

20

assessment.

(3)   

The purpose referred to in subsection (2) is to ensure that relevant assessments

properly evaluate and report on the extent to which children’s services

improve the well-being of children and relevant young persons.

(4)   

The principles in the Framework may—

25

(a)   

include principles relating to the organisation of the results of any

relevant assessment;

(b)   

make different provision for different cases.

(5)   

For the purposes of subsections (2) to (4) a relevant assessment is an assessment

conducted under any enactment in relation to any children’s services.

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(6)   

When devising the Framework, the Chief Inspector of Schools must consult the

other persons and bodies to which section 16 applies.

(7)   

The Chief Inspector of Schools must publish the Framework, but before doing

so must—

(a)   

consult such persons and bodies, other than those referred to in

35

subsection (6), as he thinks fit; and

(b)   

obtain the consent of the Secretary of State.

(8)   

The Chief Inspector of Schools may at any time revise the Framework (and

subsections (6) and (7) apply in relation to revisions to the Framework as to the

original Framework).

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18      

Co-operation and delegation

(1)   

Each person or body with functions under any enactment of conducting

assessments of children’s services must for the purposes of those assessments

co-operate with other persons or bodies with such functions.

 

 

Children Bill [HL]
Part 3 — Children’s services in Wales

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(2)   

A person or body with functions under any enactment of conducting

assessments of children’s services may delegate any of those functions to any

other person or body with such functions.

19      

Sections 16 to 18: interpretation

(1)   

This section applies for the purposes of sections 16 to 18.

5

(2)   

“Assessment” includes an inspection, review, investigation or study.

(3)   

“Children’s services” means anything done for or in relation to children and

relevant young persons (alone or with other persons)—

(a)   

in respect of which, apart from section 16, a person or body to which

that section applies conducts any kind of assessment, or secures that

10

any kind of assessment is conducted; and

(b)   

which is specified in, or of a description prescribed by, regulations

made by the Secretary of State.

(4)   

“Relevant young persons” means persons, other than children, in relation to

whom arrangements under section 7 may be made.

15

(5)   

“The Chief Inspector of Schools” means Her Majesty’s Chief Inspector of

Schools in England.

20      

Performance rating of social services

(1)   

In section 79(2) of the Health and Social Care (Community Health and

Standards) Act 2003 (c.43) (duty of Commission for Social Care Inspection to

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award a performance rating to a local authority), for the words from “a

performance rating” to the end substitute—

“(a)   

a performance rating to that authority in respect of all the

English local authority social services provided by, or pursuant

to arrangements made by, that authority—

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(i)   

to or so far as relating to persons under the age of

eighteen; or

(ii)   

under sections 23C to 24D of the Children Act 1989; and

(b)   

a performance rating to that authority in respect of all other

English local authority social services provided by, or pursuant

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to arrangements made by, that authority.”

(2)   

In section 81(2) of that Act (duty of the Commission to inform the Secretary of

State where it awards the lowest performance rating under section 79), for

“section 79” substitute “section 79(2)(a) or (b)”.

Part 3

35

Children’s services in Wales

General

21      

Co-operation to improve well-being: Wales

(1)   

Each children’s services authority in Wales must make arrangements to

promote co-operation between—

40

(a)   

the authority;

 

 

Children Bill [HL]
Part 3 — Children’s services in Wales

16

 

(b)   

each of the authority’s relevant partners; and

(c)   

such other persons or bodies as the authority consider appropriate,

being persons or bodies of any nature who exercise functions or are

engaged in activities in relation to children in the authority’s area.

(2)   

The arrangements are to be made with a view to improving the well-being of

5

children in the authority’s area so far as relating to —

(a)   

physical and mental health;

(b)   

protection from harm and neglect;

(c)   

education, training and recreation;

(d)   

the contribution made by them to society;

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(e)   

social and economic well-being.

(3)   

In making arrangements under this section a children’s services authority in

Wales must have regard to the importance of parents and other persons caring

for children in improving the well-being of children.

(4)   

For the purposes of this section each of the following is the relevant partner of

15

a children’s services authority in Wales—

(a)   

the police authority and the chief officer of police for a police area any

part of which falls within the area of the children’s services authority;

(b)   

a local probation board for an area any part of which falls within the

area of the authority;

20

(c)   

a youth offending team for an area any part of which falls within the

area of the authority;

(d)   

a Local Health Board for an area any part of which falls within the area

of the authority;

(e)   

an NHS trust all or most of whose hospitals, establishments and

25

facilities are situated in the area of the authority;

(f)   

the National Council for Education and Training for Wales.

(5)   

The relevant partners of a children’s services authority in Wales must co-

operate with the authority in the making of arrangements under this section.

(6)   

A children’s services authority in Wales and any of their relevant partners may

30

for the purposes of arrangements under this section—

(a)   

provide staff, goods, services, accommodation or other resources;

(b)   

establish and maintain a pooled fund.

(7)   

For the purposes of subsection (6) a pooled fund is a fund—

(a)   

which is made up of contributions by the authority and the relevant

35

partner or partners concerned; and

(b)   

out of which payments may be made towards expenditure incurred in

the discharge of functions of the authority and functions of the relevant

partner or partners.

(8)   

A children’s services authority in Wales and each of their relevant partners

40

must in exercising their functions under this section have regard to any

guidance given to them for the purpose by the Assembly.

(9)   

Arrangements under this section may include arrangements relating to—

(a)   

persons aged 18 and 19;

(b)   

persons over the age of 19 who are receiving—

45

(i)   

services under sections 23C to 24D of the Children Act 1989

(c. 41); or

 

 

Children Bill [HL]
Part 3 — Children’s services in Wales

17

 

(ii)   

youth support services (within the meaning of section 123 of the

Learning and Skills Act 2000 (c. 21)).

22      

Responsibility for functions under section 21

(1)   

A children’s services authority in Wales must—

(a)   

appoint an officer, to be known as the “lead director for children and

5

young people’s services”, for the purposes of co-ordinating and

overseeing arrangements made under section 21; and

(b)   

designate one of their members, to be known as the “lead member for

children and young people’s services”, to have as his special care the

discharge of the authority’s functions under that section.

10

(2)   

A Local Health Board must—

(a)   

appoint an officer, to be known as the Board’s “lead officer for children

and young people’s services”, for the purposes of the Board’s functions

under section 21; and

(b)   

designate one of the Board’s members who is not an officer as its “lead

15

member for children and young people’s services” to have the

discharge of those functions as his special care.

(3)   

An NHS trust to which section 21 applies must—

(a)   

appoint an executive director, to be known as the trust’s “lead

executive director for children and young people’s services”, for the

20

purposes of the trust’s functions under that section; and

(b)   

designate one of the trust’s non-executive directors as its “lead non-

executive director for children and young people’s services” to have the

discharge of those functions as his special care.

(4)   

Each children’s services authority in Wales, Local Health Board and NHS trust

25

to which section 21 applies must have regard to any guidance given to them by

the Assembly in relation to—

(a)   

their functions under this section;

(b)   

the responsibilities of the persons appointed or designated by them

under this section.

30

23      

Arrangements to safeguard and promote welfare: Wales

(1)   

This section applies to each of the following—

(a)   

a children’s services authority in Wales;

(b)   

a Local Health Board;

(c)   

an NHS trust all or most of whose hospitals, establishments and

35

facilities are situated in Wales;

(d)   

the police authority and chief officer of police for a police area in Wales;

(e)   

a local probation board for an area in Wales;

(f)   

a youth offending team for an area in Wales;

(g)   

the governor of a prison or secure training centre in Wales (or, in the

40

case of a contracted out prison or secure training centre, its director);

(h)   

any person to the extent that he is providing services pursuant to

arrangements made by a children’s services authority in Wales under

section 123(1)(b) of the Learning and Skills Act 2000 (youth support

services).

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Children Bill [HL]
Part 3 — Children’s services in Wales

18

 

(2)   

Each person and body to whom this section applies must make arrangements

for ensuring that—

(a)   

their functions are discharged having regard to the need to safeguard

and promote the welfare of children; and

(b)   

any services provided by another person pursuant to arrangements

5

made by the person or body in the discharge of their functions are

provided having regard to that need.

(3)   

In the case of a children’s services authority in Wales, the reference in

subsection (2) to functions of the authority does not include functions to which

section 175 of the Education Act 2002 (c. 32) applies.

10

(4)   

The persons and bodies referred to in subsection (1)(a) to (c) and (h) must in

discharging their duty under this section have regard to any guidance given to

them for the purpose by the Assembly.

(5)   

The persons and bodies referred to in subsection (1)(d) to (g) must in

discharging their duty under this section have regard to any guidance given to

15

them for the purpose by the Secretary of State after consultation with the

Assembly.

24      

Information databases: Wales

(1)   

The Assembly may for the purpose of arrangements under section 21 or 23

above or under section 175 of the Education Act 2002—

20

(a)   

by regulations require children’s services authorities in Wales to

establish and operate databases containing information in respect of

persons to whom such arrangements relate;

(b)   

itself establish and operate, or make arrangements for the operation

and establishment of, one or more databases containing such

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information.

(2)   

The Assembly may for the purposes of arrangements under subsection (1)(b)

by regulations establish a body corporate to establish and operate one or more

databases.

(3)   

A database under this section may only include information falling within

30

subsection (4) in relation to a person to whom arrangements specified in

subsection (1) relate.

(4)   

The information referred to in subsection (3) is information of the following

descriptions in relation to a person—

(a)   

his name, address, gender and date of birth;

35

(b)   

a number identifying him;

(c)   

the name and contact details of any person with parental responsibility

for him (within the meaning of section 3 of the Children Act 1989

(c. 41)) or who has care of him at any time;

(d)   

details of any education being received by him (including the name and

40

contact details of any educational institution attended by him);

(e)   

the name and contact details of any person providing primary medical

services in relation to him under Part 1 of the National Health Service

Act 1977 (c. 49);

(f)   

the name and contact details of any person providing to him services of

45

such description as the Assembly may by regulations specify;

 

 

 
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