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Children Bill [HL]


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

19

 

(g)   

information as to the existence of any cause for concern in relation to

him;

(h)   

information of such other description, not including medical records or

other personal records, as the Assembly may by regulations specify.

(5)   

The Assembly may by regulations make provision in relation to the

5

establishment and operation of any database or databases under this section.

(6)   

Regulations under subsection (5) may in particular make provision—

(a)   

as to the information which must or may be contained in any database

under this section (subject to subsection (3));

(b)   

requiring a person or body specified in subsection (7) to disclose

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information for inclusion in the database;

(c)   

permitting a person or body specified in subsection (8) to disclose

information for inclusion in the database;

(d)   

permitting or requiring the disclosure of information included in any

such database;

15

(e)   

permitting or requiring any person to be given access to any such

database for the purpose of adding or reading information;

(f)   

as to the conditions on which such access must or may be given;

(g)   

as to the length of time for which information must or may be retained;

(h)   

as to procedures for ensuring the accuracy of information included in

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any such database;

(i)   

in a case where a database is established by virtue of subsection (1)(b),

requiring children’s services authorities in Wales to participate in the

operation of the database.

(7)   

The persons and bodies referred to in subsection (6)(b) are—

25

(a)   

the persons and bodies specified in section 23(1);

(b)   

the National Council for Education and Training for Wales;

(c)   

the governing body of a maintained school in Wales (within the

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

(d)   

the governing body of an institution in Wales within the further

30

education sector (within the meaning of that section);

(e)   

the proprietor of an independent school in Wales (within the meaning

of the Education Act 1996 (c. 56));

(f)   

a person or body of such other description as the Assembly may by

regulations specify.

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(8)   

The persons and bodies referred to in subsection (6)(c) are—

(a)   

a person registered in Wales for child minding or the provision of day

care under Part 10A of the Children Act 1989 (c. 41);

(b)   

a voluntary organisation exercising functions or engaged in activities in

relation to persons to whom arrangements specified in subsection (1)

40

relate;

(c)   

the Commissioners of Inland Revenue;

(d)   

a registered social landlord;

(e)   

a person or body of such other description as the Assembly may by

regulations specify.

45

(9)   

The Assembly and the Secretary of State may provide information for inclusion

in a database under this section.

 

 

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

20

 

(10)   

The provision which may be made under subsection (6)(e) includes provision

for a person of a description specified in the regulations to determine what

must or may be done under the regulations.

(11)   

Regulations under subsection (5) may also provide that anything which may

be done under regulations under subsection (6)(c) to (e) or (9) may be done

5

notwithstanding any rule of common law which prohibits or restricts the

disclosure of information.

(12)   

Any person or body establishing or operating a database under this section

must in the establishment or operation of the database have regard to any

guidance, and comply with any direction, given to that person by the

10

Assembly.

(13)   

Guidance or directions under subsection (12) may in particular relate to—

(a)   

the management of a database under this section;

(b)   

the technical specifications for any such database;

(c)   

the security of any such database;

15

(d)   

the transfer and comparison of information between databases under

this section;

(e)   

the giving of advice in relation to rights under the Data Protection Act

1998 (c. 29).

Local Safeguarding Children Boards

20

25      

Establishment of LSCBs in Wales

(1)   

Each children’s services authority in Wales must establish a Local

Safeguarding Children Board for their area.

(2)   

A Board established under this section must include such representative or

representatives of—

25

(a)   

the authority by which it is established, and

(b)   

each Board partner of that authority,

   

as the Assembly may by regulations prescribe.

(3)   

For the purposes of this section each of the following is a Board partner of a

children’s services authority in Wales—

30

(a)   

the chief officer of police for a police area any part of which falls within

the area of the authority;

(b)   

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

area of the authority;

(c)   

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

35

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

facilities are situated in the area of the authority;

40

(f)   

the governor of any secure training centre within the area of the

authority (or, in the case of a contracted out secure training centre, its

director);

(g)   

the governor of any prison in the area of the authority which ordinarily

detains children (or, in the case of a contracted out prison, its director).

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

21

 

(4)   

A children’s services authority in Wales must take reasonable steps to ensure

that the Local Safeguarding Children Board established by them includes

representatives of relevant persons and bodies of such descriptions as may be

prescribed by the Assembly in regulations.

(5)   

A Local Safeguarding Children Board established under this section may also

5

include representatives of such other relevant persons or bodies as the

authority by which it is established consider, after consulting their Board

partners, should be represented on it.

(6)   

For the purposes of subsections (4) and (5), relevant persons and bodies are

persons and bodies of any nature exercising functions or engaged in activities

10

relating to children in the area of the authority in question.

(7)   

In the establishment of a Local Safeguarding Children Board under this

section—

(a)   

the authority establishing it must co-operate with each of their Board

partners; and

15

(b)   

each Board partner must co-operate with the authority.

(8)   

Two or more children’s services authorities in Wales may discharge their

respective duties under subsection (1) by establishing a Local Safeguarding

Children Board for their combined area (and where they do so, any reference

in this section and sections 26 to 28 to the authority establishing the Board shall

20

be read as a reference to the authorities establishing it).

26      

Functions and procedure of LSCBs in Wales

(1)   

The objective of a Local Safeguarding Children Board established under

section 25 is—

(a)   

to co-ordinate what is done by each person or body represented on the

25

Board for the purposes of safeguarding and promoting the welfare of

children in the area of the authority by which it is established; and

(b)   

to ensure the effectiveness of what is done by each such person or body

for those purposes.

(2)   

A Local Safeguarding Children Board established under section 25 is to have

30

such functions in relation to its objective as the Assembly may by regulations

prescribe (which may in particular include functions of review or

investigation).

(3)   

The Assembly may by regulations make provision as to the procedures to be

followed by a Local Safeguarding Children Board established under section 25.

35

27      

Funding of LSCBs in Wales

(1)   

Any person or body specified in subsection (3) may make payments towards

expenditure incurred by, or for purposes connected with, a Local Safeguarding

Children Board established under section 25

(a)   

by making the payments directly, or

40

(b)   

by contributing to a fund out of which the payments may be made.

(2)   

Any person or body specified in subsection (3) may provide staff, goods,

services, accommodation or other resources for purposes connected with a

Local Safeguarding Children Board established under section 25.

 

 

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings

22

 

(3)   

The persons and bodies referred to in subsections (1) and (2) are—

(a)   

the children’s services authority in Wales by which the Board is

established;

(b)   

any person who is a Board partner of the authority under section

25(3)(a) to (e);

5

(c)   

in a case where the governor of a secure training centre or prison is a

Board partner of the authority, the Secretary of State; and

(d)   

in a case where the director of a contracted out secure training centre or

prison is a Board partner of the authority, the contractor.

28      

LSCBs in Wales: supplementary

10

(1)   

The Assembly may by regulations make provision as to the functions of

children’s services authorities in Wales relating to Local Safeguarding

Children Boards established by them.

(2)   

A children’s services authority in Wales and each of their Board partners must,

in exercising their functions relating to a Local Safeguarding Children Board,

15

have regard to any guidance given to them for the purpose by the Assembly.

Part 4

Advisory and support services for family proceedings

CAFCASS functions in Wales

29      

Functions of the Assembly relating to family proceedings

20

(1)   

In respect of family proceedings in which the welfare of children ordinarily

resident in Wales is or may be in question, it is a function of the Assembly to—

(a)   

safeguard and promote the welfare of the children;

(b)   

give advice to any court about any application made to it in such

proceedings;

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(c)   

make provision for the children to be represented in such proceedings;

(d)   

provide information, advice and other support for the children and

their families.

(2)   

The Assembly must also make provision for the performance of the functions

conferred on Welsh family proceedings officers by virtue of any enactment

30

(whether or not they are exercisable for the purposes of subsection (1)).

(3)   

In subsection (1), “family proceedings” has the meaning given by section 12 of

the Criminal Justice and Court Services Act 2000 (c. 43).

(4)   

In this Part, “Welsh family proceedings officer” means—

(a)   

any member of the staff of the Assembly appointed to exercise the

35

functions of a Welsh family proceedings officer; and

(b)   

any other individual exercising functions of a Welsh family

proceedings officer by virtue of section 30(2) or (4).

 

 

 
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