Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 3 — Children’s services in Wales
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(h)
the governor of a prison or secure training centre in Wales (or, in the
case of a contracted out prison or secure training centre, its director);
(i)
any person to the extent that he is providing services pursuant to
arrangements made by a children’s services authority in Wales under
section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth
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support services).
(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
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(b)
any services provided by another person pursuant to arrangements
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 Wales, the reference in
subsection (2) to functions of the authority does not include functions to which
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section 175 of the Education Act 2002 (c. 32) applies.
(4)
The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in
discharging their duty under this section have regard to any guidance given to
them for the purpose by the Assembly.
(5)
The persons and bodies referred to in subsection (1)(d) to (h) must in
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discharging their duty under this section have regard to any guidance given to
them for the purpose by the Secretary of State after consultation with the
Assembly.
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Information databases: Wales
(1)
The Assembly may for the purpose of arrangements under section 25 or 28
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above or under section 175 of the Education Act 2002—
(a)
by regulations require children’s services authorities in Wales to
establish and operate databases containing information in respect of
persons to whom such arrangements relate;
(b)
itself establish and operate, or make arrangements for the operation
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and establishment of, one or more databases containing such
information.
(2)
The Assembly may for the purposes of arrangements under subsection (1)(b)
by regulations establish a body corporate to establish and operate one or more
databases.
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(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—
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(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;
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(d)
details of any education being received by him (including the name and
contact details of any educational institution attended by him);

Children Bill [HL]
Part 3 — Children’s services in Wales
23

(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);
(f)
the name and contact details of any person providing to him services of
such description as the Assembly may by regulations specify;
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(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
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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;
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(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—
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(a)
the persons and bodies specified in section 28(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
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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)
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relate;
(c)
the Commissioners of Inland Revenue;
(d)
a registered social landlord;

Children Bill [HL]
Part 3 — Children’s services in Wales
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(e)
a person or body of such other description as the Assembly may by
regulations specify.
(9)
The Assembly and 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
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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
notwithstanding any rule of common law which prohibits or restricts the
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disclosure of information.
(12)
Regulations under subsections (1)(a) and (5) may only be made with the
consent of the Secretary of State.
(13)
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
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guidance, and comply with any direction, given to that person by the
Assembly.
(14)
Guidance or directions under subsection (13) may in particular relate to—
(a)
the management of a database under this section;
(b)
the technical specifications for any such database;
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(c)
the security of any such database;
(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).
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Inspection of functions under this Part
(1)
Chapter 6 of Part 2 of the Health and Social Care (Community Health and
Standards) Act 2003 (c. 43) (functions of the Assembly in relation to social
services) shall apply as if anything done by a children’s services authority in
Wales in the exercise of functions to which this section applies were a Welsh
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local authority social service within the meaning of that Part.
(2)
This section applies to the following functions of a children’s services
authority—
(a)
the authority’s functions under section 25 or 26, except so far as relating
to education, training or youth support services (within the meaning of
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section 123 of the Learning and Skills Act 2000 (c. 21));
(b)
the authority’s functions under section 28;
(c)
any function conferred on the authority under section 29.
Local Safeguarding Children Boards
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Establishment of LSCBs in Wales
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(1)
Each children’s services authority in Wales must establish a Local
Safeguarding Children Board for their area.

Children Bill [HL]
Part 3 — Children’s services in Wales
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(2)
A Board established under this section must include such representative or
representatives of—
(a)
the authority by which it is established, and
(b)
each Board partner of that authority,

as the Assembly may by regulations prescribe.
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(3)
For the purposes of this section each of the following is a Board partner of a
children’s services authority in Wales—
(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
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area of the authority;
(c)
a youth offending team for an area any part of which falls within the
area of the authority;
(d)
a Local Health Board for an area any part of which falls within the area
of the authority;
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(e)
an NHS trust providing services in the area of the authority;
(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
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detains children (or, in the case of a contracted out prison, its director).
(4)
Regulations under subsection (2) that make provision in relation to a Board
partner referred to in subsection (3)(a) to (c), (f) or (g) may only be made with
the consent of the Secretary of State.
(5)
A children’s services authority in Wales must take reasonable steps to ensure
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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.
(6)
A Local Safeguarding Children Board established under this section may also
include representatives of such other relevant persons or bodies as the
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authority by which it is established consider, after consulting their Board
partners, should be represented on it.
(7)
For the purposes of subsections (5) and (6), relevant persons and bodies are
persons and bodies of any nature exercising functions or engaged in activities
relating to children in the area of the authority in question.
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(8)
In the establishment and operation of a Local Safeguarding Children Board
under this section—
(a)
the authority establishing it must co-operate with each of their Board
partners; and
(b)
each Board partner must co-operate with the authority.
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(9)
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 32 to 34 to the authority establishing the Board shall
be read as a reference to the authorities establishing it).
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