|
| |
|
(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 |
| 15 |
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 |
| |
| |
(9) | The amendments in Schedule 2— |
| 25 |
(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 |
| |
| |
(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 |
| |
15 | Lead member for children’s services |
| |
(1) | A children’s services authority in England must, in making arrangements for |
| |
| |
(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). |
| |
|
| |
|
| |
|
Inspections of children’s services |
| |
| |
(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; |
| 20 |
(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 |
| 25 |
| |
(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 |
| 45 |
provision for the creation of criminal offences); |
| |
|
| |
|
| |
|
(c) | imposing requirements as to the making of a report on each review |
| |
| |
(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 |
| 5 |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| |
(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. |
| 30 |
(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 |
| |
| |
(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 |
| |
| 40 |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| 20 |
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— |
| 25 |
(i) | to or so far as relating to persons under the age of |
| |
| |
(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 |
| 30 |
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)”. |
| |
| 35 |
Children’s services in Wales |
| |
| |
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 |
| |
|
| |
|
| |
|
(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; |
| 10 |
(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 |
| |
| 20 |
(c) | a youth offending team for an area any part of which falls within the |
| |
| |
(d) | a Local Health Board for an area any part of which falls within the area |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 45 |
|
| |
|
| |
|
(2) | Each person and body to whom this section applies must make arrangements |
| |
| |
(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 |
| |
| |
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 |
| 25 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(f) | the name and contact details of any person providing to him services of |
| 45 |
such description as the Assembly may by regulations specify; |
| |
|
| |
|