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Children Bill [HL]


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

5

 

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.

Part 2

15

Children’s services in England

General

7       

Co-operation to improve well-being

(1)   

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

promote co-operation between—

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(a)   

the authority;

(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;

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(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.

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(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

area of the authority;

 

 

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

6

 

(d)   

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

area of the authority;

(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

partner or partners.

(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;

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(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

England;

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.

 

 

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

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(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 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.

9       

Information databases

(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

information.

(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

more databases.

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

subsection (1) relate.

(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

Act 1977 (c. 49);

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

him;

(h)   

information of such other description, not including medical records or

45

other personal records, as the Secretary of State may by regulations

specify.

 

 

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

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(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

such database;

(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

any such database;

(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

by regulations specify.

(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)

relate;

(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

by regulations specify.

(9)   

The Secretary of State may provide information for inclusion in a database

under this section.

(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

 

 

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

9

 

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

Secretary of State.

(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

this section;

(e)   

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

1998 (c. 29).

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

representatives of—

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

area of the authority;

(d)   

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

area of the authority;

(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

authority;

(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).

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

10

 

(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

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 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

section 10 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 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

investigation).

(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

section 10.

12      

Funding of LSCBs

(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

 

 

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

11

 

(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

established;

(b)   

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

10(3)(a) to (h);

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.

13      

LSCBs: supplementary

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

Secretary of State.

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

Act; and

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);

 

 

 
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