Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 1 — Children’s Commissioner
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE B]
To
Make provision for the establishment of a Children’s Commissioner; to make
provision about services provided to and for children and young people by
local authorities and other persons; to make provision in relation to Wales
about advisory and support services relating to family proceedings; to make
provision about private fostering, child minding and day care, adoption
review panels, the defence of reasonable punishment, the making of grants as
respects children and families, child safety orders, the Children’s
Commissioner for Wales, the publication of material relating to children
involved in certain legal proceedings and the disclosure by the Inland
Revenue of information relating to children.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Children’s Commissioner
1
Establishment
(1)
There is to be an office of Children’s Commissioner.
(2)
Schedule 1 has effect with respect to the Children’s Commissioner.
5
2
General function
(1)
The Children’s Commissioner has the function of promoting awareness of the
views and interests of children in England.
(2)
The Children’s Commissioner may in particular under this section—

Bill 166 53/3

Children Bill [HL]
Part 1 — Children’s Commissioner
2

(a)
encourage persons exercising functions or engaged in activities
affecting children to take account of their views and interests;
(b)
advise the Secretary of State on the views and interests of children;
(c)
consider or research the operation of complaints procedures so far as
relating to children;
5
(d)
consider or research any other matter relating to the interests of
children;
(e)
publish a report on any matter considered or researched by him under
this section.
(3)
The Children’s Commissioner is to be concerned in particular under this
10
section with the views and interests of children so far as relating to the
following aspects of their well-being—
(a)
physical and mental health and emotional well-being;
(b)
protection from harm and neglect;
(c)
education, training and recreation;
15
(d)
the contribution made by them to society;
(e)
social and economic well-being.
(4)
The Children’s Commissioner must take reasonable steps to involve children
in the discharge of his function under this section, and in particular to—
(a)
ensure that children are made aware of his function and how they may
20
communicate with him; and
(b)
consult children, and organisations working with children, on the
matters he proposes to consider or research under subsection (2)(c) or
(d).
(5)
Where the Children’s Commissioner publishes a report under this section he
25
must, if and to the extent that he considers it appropriate, also publish the
report in a version which is suitable for children (or, if the report relates to a
particular group of children, for those children).
(6)
The Children’s Commissioner must for the purposes of subsection (4) have
particular regard to groups of children who do not have other adequate means
30
by which they can make their views known.
(7)
The Children’s Commissioner is not under this section to conduct an
investigation of the case of an individual child.
(8)
The Children’s Commissioner or a person authorised by him may for the
purposes of his function under this section at any reasonable time—
35
(a)
enter any premises, other than a private dwelling, for the purposes of
interviewing any child accommodated or cared for there; and
(b)
if the child consents, interview the child in private.
(9)
Any person exercising functions under any enactment must supply the
Children’s Commissioner with such information in that person’s possession
40
relating to those functions as the Children’s Commissioner may reasonably
request for the purposes of his function under this section (provided that the
information is information which that person may, apart from this subsection,
lawfully disclose to him).
(10)
Where the Children’s Commissioner has published a report under this section
45
containing recommendations in respect of any person exercising functions
under any enactment, he may require that person to state in writing, within
such period as the Children’s Commissioner may reasonably require, what

Children Bill [HL]
Part 1 — Children’s Commissioner
3

action the person has taken or proposes to take in response to the
recommendations.
(11)
In considering for the purpose of his function under this section what
constitutes the interests of children (generally or so far as relating to a
particular matter) the Children’s Commissioner must have regard to the
5
United Nations Convention on the Rights of the Child.
(12)
In subsection (11) the reference to the United Nations Convention on the Rights
of the Child is to the Convention on the Rights of the Child adopted by the
General Assembly of the United Nations on 20th November 1989, subject to
any reservations, objections or interpretative declarations by the United
10
Kingdom for the time being in force.
3
Inquiries initiated by Commissioner
(1)
Where the Children’s Commissioner considers that the case of an individual
child in England raises issues of public policy of relevance to other children, he
may hold an inquiry into that case for the purpose of investigating and making
15
recommendations about those issues.
(2)
The Children’s Commissioner may only conduct an inquiry under this section
if he is satisfied that the inquiry would not duplicate work that is the function
of another person (having consulted such persons as he considers
appropriate).
20
(3)
Before holding an inquiry under this section the Children’s Commissioner
must consult the Secretary of State.
(4)
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this
section, or any part of it, in private.
(5)
As soon as possible after completing an inquiry under this section the
25
Children’s Commissioner must—
(a)
publish a report containing his recommendations; and
(b)
send a copy to the Secretary of State.
(6)
The report need not identify any individual child if the Children’s
Commissioner considers that it would be undesirable for the identity of the
30
child to be made public.
(7)
Where the Children’s Commissioner has published a report under this section
containing recommendations in respect of any person exercising functions
under any enactment, he may require that person to state in writing, within
such period as the Children’s Commissioner may reasonably require, what
35
action the person has taken or proposes to take in response to the
recommendations.
(8)
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70)
apply for the purposes of an inquiry held under this section with the
substitution for references to the person appointed to hold the inquiry of
40
references to the Children’s Commissioner.

Children Bill [HL]
Part 1 — Children’s Commissioner
4

4
Other inquiries held by Commissioner
(1)
Where the Secretary of State considers that the case of an individual child in
England raises issues of relevance to other children, he may direct the
Children’s Commissioner to hold an inquiry into that case.
(2)
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this
5
section, or any part of it, in private.
(3)
The Children’s Commissioner must, as soon as possible after the completion of
an inquiry under this section, make a report in relation to the inquiry and send
a copy to the Secretary of State.
(4)
The Secretary of State must, subject to subsection (5), publish each report
10
received by him under this section as soon as possible.
(5)
Where a report made under this section identifies an individual child and the
Secretary of State considers that it would be undesirable for the identity of the
child to be made public—
(a)
the Secretary of State may make such amendments to the report as are
15
necessary to protect the identity of the child and publish the amended
report only; or
(b)
if he considers that it is not possible to publish the report without
identifying the child, he need not publish the report.
(6)
The Secretary of State must lay a copy of each report published by him under
20
this section before each House of Parliament.
(7)
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
apply for the purposes of an inquiry held under this section.
5
Functions of Commissioner in Wales
(1)
The Children’s Commissioner has the function of promoting awareness of the
25
views and interests of children in Wales, except in so far as relating to 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).
(2)
Subsections (2) to (12) of section 2 apply in relation to the function of the
Children’s Commissioner under subsection (1) above as in relation to his
30
function under that section.
(3)
In discharging his function under subsection (1) above the Children’s
Commissioner must take account of the views of, and any work undertaken by,
the Children’s Commissioner for Wales.
(4)
Where the Children’s Commissioner considers that the case of an individual
35
child in Wales raises issues of public policy of relevance to other children, other
than issues relating to a matter referred to in subsection (1) above, he may hold
an inquiry into that case for the purpose of investigating and making
recommendations about those issues.
(5)
Subsections (2) to (8) of section 3 apply in relation to an inquiry under
40
subsection (4) above.
(6)
Where the Secretary of State considers that the case of an individual child in
Wales raises issues of relevance to other children, other than issues relating to
a matter referred to in subsection (1) above, he may direct the Children’s
Commissioner to hold an inquiry into that case.
45

Children Bill [HL]
Part 1 — Children’s Commissioner
5

(7)
Subsections (2) to (7) of section 4 apply in relation to an inquiry under
subsection (6) above.
6
Functions of Commissioner in Scotland
(1)
The Children’s Commissioner has the function of promoting awareness of the
views and interests of children in Scotland in relation to reserved matters.
5
(2)
Subsections (2) to (12) of section 2 apply in relation to the function of the
Children’s Commissioner under subsection (1) above as in relation to his
function under that section.
(3)
In discharging his function under subsection (1) above the Children’s
Commissioner must take account of the views of, and any work undertaken by,
10
the Commissioner for Children and Young People in Scotland.
(4)
Where the Children’s Commissioner considers that the case of an individual
child in Scotland raises issues of public policy of relevance to other children in
relation to a reserved matter, he may hold an inquiry into that case for the
purpose of investigating and making recommendations about those issues.
15
(5)
Subsections (2) to (7) of section 3 apply in relation to an inquiry under
subsection (4) above.
(6)
Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act
1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above
with the substitution of references to the Children’s Commissioner for
20
references to the person appointed to hold the inquiry.
(7)
Where the Secretary of State considers that the case of an individual child in
Scotland raises issues of relevance to other children in relation to a reserved
matter, he may direct the Children’s Commissioner to hold an inquiry into that
case.
25
(8)
Subsections (2) to (6) of section 4 apply in relation to an inquiry under
subsection (7) above.
(9)
Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act
1973 apply for the purposes of an inquiry under subsection (7) above with the
substitution (notwithstanding the provisions of section 53 of the Scotland Act
30
1998 (c. 46) (general transfer of functions to the Scottish Ministers)) of
references to the Secretary of State for references to the Minister.
(10)
In this section, “reserved matter” has the same meaning as in the Scotland Act
1998 (see section 30 of and Schedule 5 to that Act).
7
Functions of Commissioner in Northern Ireland
35
(1)
The Children’s Commissioner has the function of promoting the views and
interests of children in Northern Ireland in relation to excepted matters.
(2)
Subsections (2) to (12) of section 2 apply in relation to the function of the
Children’s Commissioner under subsection (1) above as in relation to his
function under that section.
40
(3)
In discharging his function under subsection (1) above the Children’s
Commissioner must take account of the views of, and any work undertaken by,
the Commissioner for Children and Young People for Northern Ireland.

Children Bill [HL]
Part 1 — Children’s Commissioner
6

(4)
Where the Children’s Commissioner considers that the case of an individual
child in Northern Ireland raises issues of public policy which are of relevance
to other children in relation to an excepted matter, he may hold an inquiry into
that case for the purpose of investigating and making recommendations about
those issues.
5
(5)
Subsections (2) to (7) of section 3 apply in relation to an inquiry under
subsection (4) above.
(6)
Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services
(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes
of an inquiry under subsection (4) above with the substitution of references to
10
the Children’s Commissioner for references to the person appointed to hold
the inquiry.
(7)
Where the Secretary of State considers that the case of an individual child in
Northern Ireland raises issues of relevance to other children in relation to an
excepted matter, he may direct the Children’s Commissioner to hold an
15
inquiry into that case.
(8)
Subsections (2) to (6) of section 4 apply in relation to an inquiry under
subsection (7) above.
(9)
Paragraphs 2 to 8 of Schedule 8 to the Health and Personal Social Services
(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes
20
of an inquiry under subsection (7) above with the substitution of references to
the Secretary of State for references to the Ministry.
(10)
In this section, “excepted matter” has the same meaning as in the Northern
Ireland Act 1998 (c. 47).
8
Annual reports
25
(1)
As soon as possible after the end of each financial year the Children’s
Commissioner must make a report on—
(a)
the way in which he has discharged his functions under this Part, other
than functions of holding inquiries;
(b)
what he has found in the course of exercising those functions during
30
the year; and
(c)
the matters he intends to consider or research in the next financial year.
(2)
The Children’s Commissioner must in particular under subsection (1)(a)
include an account of the steps taken by him to involve in the discharge of the
functions referred to in that provision the children in relation to whom those
35
functions are exercised.
(3)
Where the Children’s Commissioner makes a report under this section—
(a)
he must send a copy to the Secretary of State; and
(b)
the Secretary of State must as soon as possible lay a copy before each
House of Parliament.
40
(4)
The Children’s Commissioner must publish a report under this section as soon
as possible after the Secretary of State has laid it before each House of
Parliament.

Children Bill [HL]
Part 2 — Children’s services in England
7

(5)
The Children’s Commissioner must also, to the extent that he considers
appropriate, publish any report made under this section in a version which is
suitable for children.
(6)
In this section, “financial year” has the same meaning as in paragraph 8 of
Schedule 1.
5
9
Care leavers and young persons with learning disabilities
(1)
This section applies for the purposes of this Part, other than section 2(11) and
(12).
(2)
Any reference to a child includes, in addition to a person under the age of 18,
a person aged 18, 19 or 20 who—
10
(a)
has been looked after by a local authority at any time after attaining the
age of 16; or
(b)
has a learning disability.
(3)
For the purposes of subsection (2)—

a person is “looked after by a local authority” if—
15
(a)
for the purposes of the Children Act 1989 (c. 41), he is looked
after by a local authority in England and Wales;
(b)
for the purposes of the Children (Scotland) Act 1995 (c. 36), he
is looked after by a local authority in Scotland;
(c)
for the purposes of the Children (Northern Ireland) Order 1995
20
(S.I.1995/755 (N.I.2)), he is looked after by an authority in
Northern Ireland;

“learning disability” means a state of arrested or incomplete development
of mind which induces significant impairment of intelligence and social
functioning.
25
Part 2
Children’s services in England
General
10
Co-operation to improve well-being
(1)
Each children’s services authority in England must make arrangements to
30
promote co-operation between—
(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
35
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
children in the authority’s area so far as relating to—
(a)
physical and mental health and emotional well-being;
(b)
protection from harm and neglect;
40
(c)
education, training and recreation;
(d)
the contribution made by them to society;