|
| |
|
6 | Relationship with other Commissioners |
| |
(1) | The Children’s Commissioner may not under section 4 hold an inquiry where |
| |
the issues referred to in subsection (1) of that section relate to— |
| |
(a) | any matter falling within the remit of the Children’s Commissioner for |
| |
Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14) |
| 5 |
in relation to children to whom Part 5 of that Act applies; |
| |
(b) | any matter relating to children in Scotland which is not a reserved |
| |
matter (within the meaning of the Scotland Act 1998 (c. 46)); or |
| |
(c) | any matter relating to children in Northern Ireland which is a |
| |
transferred or reserved matter (within the meaning of the Northern |
| 10 |
Ireland Act 1998 (c. 47)). |
| |
(2) | The Secretary of State may not under section 5 give a direction to the Children’s |
| |
Commissioner to hold an inquiry where the issues referred to in subsection (1) |
| |
of that section relate to a matter referred to subsection (1)(a) to (c) above. |
| |
| 15 |
Children’s services in England |
| |
| |
7 | Co-operation to improve well-being |
| |
(1) | Each children’s services authority in England must make arrangements to |
| |
promote co-operation between— |
| 20 |
| |
(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. |
| 25 |
(2) | The arrangements are to be made with a view to improving the well-being of |
| |
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; |
| 30 |
(d) | the contribution made by them to society; |
| |
(e) | emotional, social and economic well-being. |
| |
(3) | In making arrangements under this section a children’s services authority in |
| |
England must have regard to the importance of parents and other persons |
| |
caring for children in improving the well-being of children. |
| 35 |
(4) | For the purposes of this section each of the following is a relevant partner of a |
| |
children’s services authority in England— |
| |
(a) | where the authority is a county council for an area for which there is |
| |
also a district council, the district council; |
| |
(b) | the police authority and the chief officer of police for a police area any |
| 40 |
part of which falls within the area of the children’s services authority; |
| |
(c) | a local probation board for an area any part of which falls within the |
| |
| |
|
| |
|
| |
|
(d) | a youth offending team for an area any part of which falls within the |
| |
| |
(e) | a Strategic Health Authority and Primary Care Trust for an area any |
| |
part of which falls within the area of the authority; |
| |
(f) | a person providing services under section 114 of the Learning and Skills |
| 5 |
Act 2000 (c. 21) in any part of the area of the authority; |
| |
(g) | the Learning and Skills Council for England. |
| |
(5) | The relevant partners of a children’s services authority in England must co- |
| |
operate with the authority in the making of arrangements under this section. |
| |
(6) | A children’s services authority in England and any of their relevant partners |
| 10 |
may 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 |
| 15 |
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 England and each of their relevant partners |
| 20 |
must in exercising their functions under this section have regard to any |
| |
guidance given to them for the purpose by the Secretary of State. |
| |
(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 services under sections |
| 25 |
23C to 24D of the Children Act 1989 (c. 41); |
| |
(c) | persons over the age of 19 but under the age of 25 who have a learning |
| |
difficulty, within the meaning of section 13 of the Learning and Skills |
| |
Act 2000, and are receiving services under that Act. |
| |
8 | Arrangements to safeguard and promote welfare |
| 30 |
(1) | This section applies to each of the following— |
| |
(a) | a children’s services authority in England; |
| |
(b) | a district council which is not such an authority; |
| |
(c) | a Strategic Health Authority; |
| |
(d) | a Primary Care Trust; |
| 35 |
(e) | an NHS trust all or most of whose hospitals, establishments and |
| |
facilities are situated in England; |
| |
(f) | an NHS foundation trust; |
| |
(g) | the police authority and chief officer of police for a police area in |
| |
| 40 |
(h) | a local probation board for an area in England; |
| |
(i) | a youth offending team for an area in England; |
| |
(j) | the governor of a prison or secure training centre in England (or, in the |
| |
case of a contracted out prison or secure training centre, its director); |
| |
(k) | any person to the extent that he is providing services under section 114 |
| 45 |
of the Learning and Skills Act 2000. |
| |
|
| |
|
| |
|
(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 England, 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) | Each person and body to whom this section applies must in discharging their |
| |
duty under this section have regard to any guidance given to them for the |
| |
purpose by the Secretary of State. |
| |
| |
(1) | The Secretary of State may for the purpose of arrangements under section 7 or |
| 15 |
8 above or under section 175 of the Education Act 2002— |
| |
(a) | by regulations require children’s services authorities in England to |
| |
establish and operate databases containing information in respect of |
| |
persons to whom such arrangements relate; |
| |
(b) | himself establish and operate, or make arrangements for the operation |
| 20 |
and establishment of, one or more databases containing such |
| |
| |
(2) | The Secretary of State may for the purposes of arrangements under subsection |
| |
(1)(b) by regulations establish a body corporate to establish and operate one or |
| |
| 25 |
(3) | A database under this section may only include information falling within |
| |
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— |
| 30 |
(a) | his name, address, gender and date of birth; |
| |
(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; |
| 35 |
(d) | details of any education being received by him (including the name and |
| |
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 |
| |
| 40 |
(f) | the name and contact details of any person providing to him services of |
| |
such description as the Secretary of State may by regulations specify; |
| |
(g) | information as to the existence of any cause for concern in relation to |
| |
| |
(h) | information of such other description, not including medical records or |
| 45 |
other personal records, as the Secretary of State may by regulations |
| |
| |
|
| |
|
| |
|
(5) | The Secretary of State may by regulations make provision in relation to the |
| |
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)); |
| 5 |
(b) | requiring a person or body specified in subsection (7) to disclose |
| |
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 |
| 10 |
| |
(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; |
| 15 |
(h) | as to procedures for ensuring the accuracy of information included in |
| |
| |
(i) | in a case where a database is established by virtue of subsection (1)(b), |
| |
requiring children’s services authorities in England to participate in the |
| |
operation of the database. |
| 20 |
(7) | The persons and bodies referred to in subsection (6)(b) are— |
| |
(a) | the persons and bodies specified in section 8(1); |
| |
(b) | the Learning and Skills Council for England; |
| |
(c) | the governing body of a maintained school in England (within the |
| |
meaning of section 175 of the Education Act 2002 (c. 32)); |
| 25 |
(d) | the governing body of an institution in England within the further |
| |
education sector (within the meaning of that section); |
| |
(e) | the proprietor of an independent school in England (within the |
| |
meaning of the Education Act 1996 (c. 56)); |
| |
(f) | a person or body of such other description as the Secretary of State may |
| 30 |
| |
(8) | The persons and bodies referred to in subsection (6)(c) are— |
| |
(a) | a person registered in England 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 |
| 35 |
relation to persons to whom arrangements specified in subsection (1) |
| |
| |
(c) | the Commissioners of Inland Revenue; |
| |
(d) | a registered social landlord; |
| |
(e) | a person or body of such other description as the Secretary of State may |
| 40 |
| |
(9) | The Secretary of State may provide information for inclusion in a database |
| |
| |
(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 |
| 45 |
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 |
| |
|
| |
|
| |
|
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 or body by the |
| 5 |
| |
(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; |
| 10 |
(d) | the transfer and comparison of information between databases under |
| |
| |
(e) | the giving of advice in relation to rights under the Data Protection Act |
| |
| |
Local Safeguarding Children Boards |
| 15 |
10 | Establishment of LSCBs |
| |
(1) | Each children’s services authority in England must establish a Local |
| |
Safeguarding Children Board for their area. |
| |
(2) | A Board established under this section must include such representative or |
| |
| 20 |
(a) | the authority by which it is established, and |
| |
(b) | each Board partner of that authority, |
| |
| as the Secretary of State 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 England— |
| 25 |
(a) | where the authority is a county council for an area for which there is |
| |
also a district council, the district council; |
| |
(b) | the chief officer of police for a police area any part of which falls within |
| |
the area of the authority; |
| |
(c) | a local probation board for an area any part of which falls within the |
| 30 |
| |
(d) | a youth offending team for an area any part of which falls within the |
| |
| |
(e) | a Strategic Health Authority and a Primary Care Trust for an area any |
| |
part of which falls within the area of the authority; |
| 35 |
(f) | an NHS trust and an NHS foundation trust all or most of whose |
| |
hospitals, establishments and facilities are situated in the area of the |
| |
| |
(g) | a person providing services under section 114 of the Learning and Skills |
| |
Act 2000 (c. 21) in any part of the area of the authority; |
| 40 |
(h) | the Children and Family Court Advisory and Support Service; |
| |
(i) | the governor of any secure training centre in the area of the authority |
| |
(or, in the case of a contracted out secure training centre, its director); |
| |
(j) | 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). |
| 45 |
|
| |
|
| |
|
(4) | A children’s services authority in England 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 Secretary of State 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 |
| |
| |
(a) | the authority establishing it must co-operate with each of their Board |
| |
| 15 |
(b) | each Board partner must co-operate with the authority. |
| |
(8) | Two or more children’s services authorities in England 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 or sections 11 to 13 to the authority establishing the Board shall |
| 20 |
be read as a reference to the authorities establishing it). |
| |
11 | Functions and procedure of LSCBs |
| |
(1) | The objective of a Local Safeguarding Children Board established under |
| |
| |
(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 |
| |
| |
(2) | A Local Safeguarding Children Board established under section 10 is to have |
| 30 |
such functions in relation to its objective as the Secretary of State may by |
| |
regulations prescribe (which may in particular include functions of review or |
| |
| |
(3) | The Secretary of State may by regulations make provision as to the procedures |
| |
to be followed by a Local Safeguarding Children Board established under |
| 35 |
| |
| |
(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 10— |
| 40 |
(a) | by making the payments directly; or |
| |
(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 10. |
| 45 |
|
| |
|
| |
|
(3) | The persons and bodies referred to in subsections (1) and (2) are— |
| |
(a) | the children’s services authority in England by which the Board is |
| |
| |
(b) | any person who is a Board partner of the authority under section |
| |
| 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. |
| |
| 10 |
(1) | The Secretary of State may by regulations make provision as to the functions of |
| |
children’s services authorities in England relating to Local Safeguarding |
| |
Children Boards established by them. |
| |
(2) | A children’s services authority in England and each of their Board partners |
| |
must, in exercising their functions relating to a Local Safeguarding Children |
| 15 |
Board, have regard to any guidance given to them for the purpose by the |
| |
| |
Local authority administration |
| |
14 | Director of children’s services |
| |
(1) | A children’s services authority in England may, and with effect from the |
| 20 |
appointed day must, appoint an officer for the purposes of— |
| |
(a) | the functions conferred on or exercisable by the authority which are |
| |
specified in subsection (2); and |
| |
(b) | such other functions conferred on or exercisable by the authority as |
| |
may be prescribed by the Secretary of State by regulations. |
| 25 |
(2) | The functions referred to in subsection (1)(a) are— |
| |
(a) | functions conferred on or exercisable by the authority in their capacity |
| |
as a local education authority; |
| |
(b) | functions conferred on or exercisable by the authority which are social |
| |
services functions (within the meaning of the Local Authority Social |
| 30 |
Services Act 1970 (c. 42)), so far as those functions relate to children; |
| |
(c) | the functions conferred on the authority under sections 23C to 24D of |
| |
the Children Act 1989 (c. 41) (so far as not falling within paragraph (b)); |
| |
(d) | the functions conferred on the authority under sections 7 to 9 of this |
| |
| 35 |
(e) | any functions exercisable by the authority under section 31 of the |
| |
Health Act 1999 (c. 8) on behalf of an NHS body (within the meaning of |
| |
that section), so far as those functions relate to children. |
| |
(3) | Subsection (2)(a) does not include— |
| |
(a) | functions under section 120(3) of the Education Reform Act 1988 (c. 40) |
| 40 |
(functions of LEAs with respect to higher and further education); |
| |
(b) | functions under section 85(2) and (3) of the Further and Higher |
| |
Education Act 1992 (c. 13) (finance and government of locally funded |
| |
further and higher education); |
| |
|
| |
|