Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 2 — Children’s services in England
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(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”.
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(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
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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
or all of them.
(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
appointment; and
(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
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may by order appoint.
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Lead member for children’s services
(1)
A children’s services authority in England must, in making arrangements for
the discharge of—
(a)
the functions conferred on or exercisable by the authority specified in
35
section 18(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).

Children Bill [HL]
Part 2 — Children’s services in England
16

Inspections of children’s services
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Joint area reviews
(1)
Any two or more of the persons and bodies to which this section applies must,
at the request of the Secretary of State—
(a)
conduct, in accordance with a timetable drawn up by them and
5
approved by the Secretary of State, a review of children’s services
provided in—
(i)
the area of every children’s services authority in England;
(ii)
the areas of such children’s services authorities in England as
may be specified in the request;
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(b)
conduct a review of such children’s services provided in the area of
such children’s services authority in England as may be specified in the
request.
(2)
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
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children’s services authority in England.
(3)
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
of children and relevant young persons (and in particular to evaluate how
those services work together to improve their well-being).
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(4)
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;
(d)
the Commission for Healthcare Audit and Inspection;
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(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
England and Wales;
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(h)
Her Majesty’s Chief Inspector of Court Administration; and
(i)
the Chief Inspector of Prisons.
(5)
Reviews under this section are to be conducted in accordance with
arrangements made by the Chief Inspector of Schools.
(6)
Before making arrangements for the purposes of reviews under this section the
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Chief Inspector of Schools must consult such of the other persons and bodies
to which this section applies as he considers appropriate.
(7)
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
Secretary of State must include an account of reviews under this section; and
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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.
(8)
The Secretary of State may by regulations make provision for the purposes of
reviews under this section and in particular provision—

Children Bill [HL]
Part 2 — Children’s services in England
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(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
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provision for the creation of criminal offences);
(c)
imposing requirements as to the making of a report on each review
under this section;
(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
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report and the period within which any such action must or may be
taken;
(e)
for the provision to members of the public of copies of reports and
statements made under paragraphs (c) and (d), and for charging in
respect of any such provision;
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(f)
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.
(9)
Regulations under subsection (8) may in particular make provision by
applying enactments falling within subsection (10), with or without
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modification, for the purposes of reviews under this section.
(10)
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.
(11)
Regulations under subsection (8) may make provision authorising or requiring
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the doing of anything by reference to the determination of a person of a
description specified in the regulations.
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Framework
(1)
The Chief Inspector of Schools must devise a Framework for Inspection of
Children’s Services (“the Framework”).
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(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
assessment.
(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
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improve the well-being of children and relevant young persons.
(4)
The principles in the Framework may—
(a)
include principles relating to the organisation of the results of any
relevant assessment;
(b)
make different provision for different cases.
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(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.
(6)
When devising the Framework, the Chief Inspector of Schools must consult the
other persons and bodies to which section 20 applies.
(7)
The Chief Inspector of Schools must publish the Framework, but before doing
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so must—

Children Bill [HL]
Part 2 — Children’s services in England
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(a)
consult such persons and bodies, other than those referred to in
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
5
original Framework).
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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.
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(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.
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Sections 20 to 22: interpretation
(1)
This section applies for the purposes of sections 20 to 22.
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(2)
“Assessment” includes an inspection, review, investigation or study.
(3)
“Children’s services” means—
(a)
anything done for or in relation to children and relevant young persons
(alone or with other persons)—
(i)
in respect of which, apart from section 20, a person or body to
20
which that section applies conducts any kind of assessment, or
secures that any kind of assessment is conducted; and
(ii)
which is specified in, or is of a description prescribed by,
regulations made by the Secretary of State;
(b)
any function under sections 10 and 13 to 19; and
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(c)
any function conferred on a children’s services authority under section
12.
(4)
“Relevant young persons” means persons, other than children, in relation to
whom arrangements under section 10 may be made.
(5)
“The Chief Inspector of Schools” means Her Majesty’s Chief Inspector of
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Schools in England.
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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
award a performance rating to a local authority), for the words from “a
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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—
(i)
to or so far as relating to persons under the age of
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eighteen; or
(ii)
under sections 23C to 24D of the Children Act 1989; and

Children Bill [HL]
Part 3 — Children’s services in Wales
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(b)
a performance rating to that authority in respect of all other
English local authority social services provided by, or pursuant
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
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“section 79” substitute “section 79(2)(a) or (b)”.
Part 3
Children’s services in Wales
General
25
Co-operation to improve well-being: Wales
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(1)
Each children’s services authority in Wales must make arrangements to
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,
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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
children in the authority’s area so far as relating to—
(a)
physical and mental health and emotional well-being;
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(b)
protection from harm and neglect;
(c)
education, training and recreation;
(d)
the contribution made by them to society;
(e)
social and economic well-being.
(3)
In making arrangements under this section a children’s services authority in
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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
a children’s services authority in Wales—
(a)
the police authority and the chief officer of police for a police area any
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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
area of the authority;
(c)
a youth offending team for an area any part of which falls within the
area of the authority;
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(d)
a Local Health Board for an area any part of which falls within the area
of the authority;
(e)
an NHS trust providing services 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-
40
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
for the purposes of arrangements under this section—

Children Bill [HL]
Part 3 — Children’s services in Wales
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(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
partner or partners concerned; and
5
(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 Wales and each of their relevant partners
must in exercising their functions under this section have regard to any
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guidance given to them for the purpose by the Assembly.
(9)
The Assembly must obtain the consent of the Secretary of State before giving
guidance under subsection (8) at any time after the coming into force of any of
paragraphs (a) to (c) of subsection (4).
(10)
Arrangements under this section may include arrangements relating to—
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(a)
persons aged 18 and 19;
(b)
persons over the age of 19 who are receiving—
(i)
services under sections 23C to 24D of the Children Act 1989
(c. 41); or
(ii)
youth support services (within the meaning of section 123 of the
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Learning and Skills Act 2000 (c. 21)).
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Children and young people’s plans: Wales
(1)
The Assembly may by regulations require a children’s services authority in
Wales from time to time to prepare and publish a plan setting out the
authority’s strategy for discharging their functions in relation to children and
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relevant young persons.
(2)
Regulations under this section may in particular make provision as to—
(a)
the matters to be dealt with in a plan under this section;
(b)
the period to which a plan under this section is to relate;
(c)
when and how a plan under this section must be published;
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(d)
keeping a plan under this section under review;
(e)
consultation to be carried out before a plan under this section is
published;
(f)
implementation of a plan under this section.
(3)
The matters for which provision may be made under subsection (2)(a) include
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in particular—
(a)
the arrangements made or to be made under section 25 by a children’s
services authority in Wales;
(b)
the strategy or proposals in relation to children and relevant young
persons of any person or body with whom a children’s services
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authority in Wales makes or proposes to make such arrangements.
(4)
Regulations under this section may require a children’s services authority in
Wales to obtain the Assembly’s approval before publishing a plan under this
section; and may provide that the Assembly may modify a plan before
approving it.
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Children Bill [HL]
Part 3 — Children’s services in Wales
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(5)
A children’s services authority in Wales must have regard to any guidance
given to them by the Assembly in relation to how they are to discharge their
functions under regulations under this section.
(6)
In this section “relevant young persons” means the persons, in addition to
children, in relation to whom arrangements under section 25 may be made.
5
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Responsibility for functions under sections 25 and 26
(1)
A children’s services authority in Wales must—
(a)
appoint an officer, to be known as the “lead director for children and
young people’s services”, for the purposes of co-ordinating and
overseeing arrangements made under sections 25 and 26; and
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(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 those sections.
(2)
A Local Health Board must—
(a)
appoint an officer, to be known as the Board’s “lead officer for children
15
and young people’s services”, for the purposes of the Board’s functions
under sections 25 and 26; and
(b)
designate one of the Board’s members who is not an officer as its “lead
member for children and young people’s services” to have the
discharge of those functions as his special care.
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(3)
An NHS trust to which section 25 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
purposes of the trust’s functions under that section; and
(b)
designate one of the trust’s non-executive directors as its “lead non-
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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
to which section 25 applies must have regard to any guidance given to them by
the Assembly in relation to—
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(a)
their functions under this section;
(b)
the responsibilities of the persons appointed or designated by them
under this section.
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Arrangements to safeguard and promote welfare: Wales
(1)
This section applies to each of the following—
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(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
facilities are situated in Wales;
(d)
the police authority and chief officer of police for a police area in Wales;
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(e)
the British Transport Police Authority, so far as exercising functions in
relation to Wales;
(f)
a local probation board for an area in Wales;
(g)
a youth offending team for an area in Wales;