|
| |
|
32 | Functions and procedure of LSCBs in Wales |
| |
(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 |
| |
Board for the purposes of safeguarding and promoting the welfare of |
| 5 |
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 31 is to have |
| |
such functions in relation to its objective as the Assembly may by regulations |
| 10 |
prescribe (which may in particular include functions of review or |
| |
| |
(3) | The Assembly may by regulations make provision as to the procedures to be |
| |
followed by a Local Safeguarding Children Board established under section 31. |
| |
33 | Funding of LSCBs in Wales |
| 15 |
(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 31— |
| |
(a) | by making the payments directly, or |
| |
(b) | by contributing to a fund out of which the payments may be made. |
| 20 |
(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 31. |
| |
(3) | The persons and bodies referred to in subsections (1) and (2) are— |
| |
(a) | the children’s services authority in Wales by which the Board is |
| 25 |
| |
(b) | any person who is a Board partner of the authority under section |
| |
| |
(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 |
| 30 |
(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. |
| |
34 | LSCBs in Wales: supplementary |
| |
(1) | The Assembly may by regulations make provision as to the functions of |
| |
children’s services authorities in Wales relating to Local Safeguarding |
| 35 |
Children Boards established by them. |
| |
(2) | A children’s services authority in Wales and each of their Board partners must, |
| |
in exercising their functions relating to a Local Safeguarding Children Board, |
| |
have regard to any guidance given to them for the purpose by the Assembly. |
| |
(3) | The Assembly must obtain the consent of the Secretary of State before giving |
| 40 |
guidance under subsection (2) at any time after the coming into force of any of |
| |
paragraphs (a) to (c), (f) or (g) of section 31(3). |
| |
|
| |
|
| |
|
| |
Advisory and support services for family proceedings |
| |
CAFCASS functions in Wales |
| |
35 | Functions of the Assembly relating to family proceedings |
| |
(1) | In respect of family proceedings in which the welfare of children ordinarily |
| 5 |
resident in Wales is or may be in question, it is a function of the Assembly to— |
| |
(a) | safeguard and promote the welfare of the children; |
| |
(b) | give advice to any court about any application made to it in such |
| |
| |
(c) | make provision for the children to be represented in such proceedings; |
| 10 |
(d) | provide information, advice and other support for the children and |
| |
| |
(2) | The Assembly must also make provision for the performance of the functions |
| |
conferred on Welsh family proceedings officers by virtue of any enactment |
| |
(whether or not they are exercisable for the purposes of subsection (1)). |
| 15 |
(3) | In subsection (1), “family proceedings” has the meaning given by section 12 of |
| |
the Criminal Justice and Court Services Act 2000 (c. 43). |
| |
(4) | In this Part, “Welsh family proceedings officer” means— |
| |
(a) | any member of the staff of the Assembly appointed to exercise the |
| |
functions of a Welsh family proceedings officer; and |
| 20 |
(b) | any other individual exercising functions of a Welsh family |
| |
proceedings officer by virtue of section 36(2) or (4). |
| |
36 | Ancillary powers of the Assembly |
| |
(1) | The Assembly may make arrangements with organisations under which the |
| |
organisations perform the functions of the Assembly under section 35 on its |
| 25 |
| |
(2) | Arrangements under subsection (1) may provide for the organisations to |
| |
designate individuals who may perform functions of Welsh family |
| |
| |
(3) | The Assembly may only make an arrangement under subsection (1) if it is of |
| 30 |
| |
(a) | that the functions in question will be performed efficiently and to the |
| |
| |
(b) | that the arrangement represents good value for money. |
| |
(4) | The Assembly may make arrangements with individuals under which they |
| 35 |
may perform functions of Welsh family proceedings officers. |
| |
(5) | The Assembly may make arrangements with an organisation or individual |
| |
under which staff of the Assembly engaged in the exercise of its functions |
| |
under section 35 may work for the organisation or individual. |
| |
(6) | The Assembly may make arrangements with an organisation or individual |
| 40 |
under which any services provided by the Assembly’s staff to the Assembly in |
| |
|
| |
|
| |
|
the exercise of its functions under section 35 are also made available to the |
| |
organisation or individual. |
| |
(7) | The Assembly may charge for anything done under arrangements under |
| |
| |
(8) | In this section, references to organisations include public bodies and private or |
| 5 |
| |
37 | Welsh family proceedings officers |
| |
(1) | The Assembly may authorise a Welsh family proceedings officer of a |
| |
description prescribed in regulations made by the Secretary of State— |
| |
(a) | to conduct litigation in relation to any proceedings in any court, |
| 10 |
(b) | to exercise a right of audience in any proceedings in any court, |
| |
| in the exercise of his functions. |
| |
(2) | A Welsh family proceedings officer exercising a right to conduct litigation by |
| |
virtue of subsection (1)(a) who would otherwise have such a right by virtue of |
| |
section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) is to be treated |
| 15 |
as having acquired that right solely by virtue of this section. |
| |
(3) | A Welsh family proceedings officer exercising a right of audience by virtue of |
| |
subsection (1)(b) who would otherwise have such a right by virtue of section |
| |
27(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having |
| |
acquired that right solely by virtue of this section. |
| 20 |
(4) | A Welsh family proceedings officer may, subject to rules of court, be cross- |
| |
examined in any proceedings to the same extent as any witness. |
| |
(5) | But a Welsh family proceedings officer may not be cross-examined merely |
| |
because he is exercising a right to conduct litigation or a right of audience |
| |
granted in accordance with this section. |
| 25 |
(6) | In this section, “right to conduct litigation” and “right of audience” have the |
| |
same meanings as in section 119 of the Courts and Legal Services Act 1990. |
| |
| |
(1) | Her Majesty’s Inspectorate of Court Administration must at the request of the |
| |
Assembly inspect, and report to the Assembly on— |
| 30 |
(a) | the discharge by the Assembly of its functions under this Part; and |
| |
(b) | the discharge by Welsh family proceedings officers of their functions |
| |
under this Part and any other enactment. |
| |
(2) | The Assembly may only make a request under subsection (1) with the consent |
| |
of the Secretary of State. |
| 35 |
39 | Protection of children |
| |
(1) | The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as |
| |
if the Assembly, in performing its functions under sections 35 and 36, were a |
| |
child care organisation within the meaning of that Act. |
| |
(2) | Arrangements which the Assembly makes with an organisation under section |
| 40 |
36(1) must provide that, before selecting an individual to be employed under |
| |
the arrangements in a child care position, the organisation— |
| |
|
| |
|
| |
|
(a) | must ascertain whether the individual is included in any of the lists |
| |
mentioned in section 7(1) of the 1999 Act, and |
| |
(b) | if he is included in any of those lists, must not select him for that |
| |
| |
(3) | Such arrangements must provide that, if at any time the organisation has |
| 5 |
power to refer an individual who is or has been employed in a child care |
| |
position under the arrangements to the Secretary of State under section 2 of the |
| |
1999 Act (inclusion in list on reference following disciplinary actions etc), the |
| |
organisation must so refer him. |
| |
(4) | In this section, “child care position” and “employment” have the same |
| 10 |
meanings as in the 1999 Act. |
| |
40 | Advisory and support services for family proceedings: supplementary |
| |
Schedule 3 (which makes supplementary and consequential provision relating |
| |
to this Part, including provision relating to functions of Welsh family |
| |
proceedings officers) has effect. |
| 15 |
| |
41 | Transfer of property from CAFCASS to Assembly |
| |
(1) | For the purposes of the exercise of functions conferred on the Assembly by or |
| |
under this Part, the Assembly and the Secretary of State may jointly by order |
| |
make one or more schemes for the transfer to the Assembly of property, rights |
| 20 |
and liabilities of the Children and Family Court Advisory and Support Service |
| |
(in this section, “CAFCASS”). |
| |
(2) | The reference in subsection (1) to rights and liabilities does not include rights |
| |
and liabilities under a contract of employment. |
| |
(3) | A scheme under this section may— |
| 25 |
(a) | specify the property, rights and liabilities to be transferred by the |
| |
| |
(b) | provide for the determination, in accordance with the scheme, of the |
| |
property, rights and liabilities to be transferred by the scheme. |
| |
(4) | A scheme under this section may include provision for the creation of rights, |
| 30 |
or the imposition of liabilities, in relation to property transferred by the |
| |
| |
(5) | A scheme under this section has effect in relation to any property, rights and |
| |
liabilities to which it applies despite any provision (of whatever nature) which |
| |
would otherwise prevent, penalise or restrict their transfer. |
| 35 |
(6) | A right of pre-emption or reverter or other similar right does not operate or |
| |
become exercisable as a result of any transfer under a scheme under this |
| |
section; and in the case of such a transfer, any such right has effect as if the |
| |
Assembly were the same person in law as CAFCASS and as if the transfer had |
| |
| 40 |
(7) | The Assembly is to pay such compensation as is just to any person in respect |
| |
of any right which would, apart from subsections (5) and (6), have operated in |
| |
favour of, or become exercisable by, that person but which, in consequence of |
| |
|
| |
|
| |
|
the operation of those subsections, cannot subsequently operate in his favour |
| |
or become exercisable by him. |
| |
(8) | A scheme under this section may provide for the determination of any disputes |
| |
as to whether and, if so, how much compensation is payable under subsection |
| |
| 5 |
(9) | Subsections (5) to (8) apply in relation to the creation of rights in relation to |
| |
property as they apply in relation to a transfer of property. |
| |
(10) | A certificate issued by the Secretary of State and the Assembly jointly that any |
| |
property, rights or liabilities have or have not been transferred by a scheme |
| |
under this section is conclusive evidence as to whether they have or have not |
| 10 |
| |
42 | Transfer of staff from CAFCASS to Assembly |
| |
(1) | For the purpose of the exercise of functions conferred on the Assembly by or |
| |
under this Part, the Assembly and the Secretary of State may jointly by order |
| |
make one or more schemes for the transfer of employees of CAFCASS to the |
| 15 |
| |
(2) | A scheme under this section may apply— |
| |
(a) | to any description of employees of CAFCASS; |
| |
(b) | to any individual employee of CAFCASS. |
| |
(3) | A contract of employment of an employee transferred under a scheme under |
| 20 |
| |
(a) | is not terminated by the transfer; and |
| |
(b) | has effect from the date of the transfer under the scheme as if originally |
| |
made between the employee and the Assembly. |
| |
(4) | Where an employee is so transferred— |
| 25 |
(a) | all the rights, powers, duties and liabilities of CAFCASS under or in |
| |
connection with the contract of employment are by virtue of this |
| |
subsection transferred to the Assembly on the date of the transfer under |
| |
| |
(b) | anything done before that date by or in relation to CAFCASS in respect |
| 30 |
of that contract or the employee is to be treated from that date as having |
| |
been done by or in relation to the Assembly. |
| |
| This subsection does not prejudice the generality of subsection (3). |
| |
(5) | But if the employee informs the Assembly or CAFCASS that he objects to the |
| |
| 35 |
(a) | subsections (3) and (4) do not apply; and |
| |
(b) | his contract of employment is terminated immediately before the date |
| |
of transfer but the employee is not to be treated, for any reason, as |
| |
having been dismissed by CAFCASS. |
| |
(6) | This section does not prejudice any right of an employee to terminate his |
| 40 |
contract of employment if (apart from the change of employer) a substantial |
| |
change is made to his detriment in his working conditions. |
| |
(7) | A scheme may be made under this section only if any requirements about |
| |
consultation prescribed in regulations made by the Secretary of State and the |
| |
|
| |
|
| |
|
Assembly jointly have been complied with in relation to each of the employees |
| |
of CAFCASS to be transferred under the scheme. |
| |
(8) | In this section “CAFCASS” has the same meaning as in section 41. |
| |
| |
| 5 |
| |
43 | Amendments to notification scheme |
| |
(1) | Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered |
| |
children) is amended as specified in subsections (2) to (6). |
| |
| 10 |
(a) | after “who are” insert “or are proposed to be”; |
| |
(b) | after “is being” insert “or will be”; |
| |
(c) | for “caring for” substitute “concerned with”. |
| |
(3) | After subsection (2) insert— |
| |
“(2A) | Regulations under subsection (2)(b) may impose requirements as to the |
| 15 |
action to be taken by a local authority for the purposes of discharging |
| |
their duty under subsection (1) where they have received notification of |
| |
a proposal that a child be privately fostered.” |
| |
(4) | In subsection (3) for “to visit privately fostered children” substitute “for the |
| |
| 20 |
| |
(a) | after “child who is” insert “or is proposed to be”; |
| |
(b) | after “is being” insert “or will be”. |
| |
(6) | After subsection (5) insert— |
| |
“(6) | The Secretary of State may make regulations requiring a local authority |
| 25 |
to monitor the way in which the authority discharge their functions |
| |
under this Part (and the regulations may in particular require the |
| |
authority to appoint an officer for that purpose).” |
| |
(7) | In Schedule 8 to that Act (privately fostered children) after paragraph 7 |
| |
| 30 |
“7A | Every local authority must promote public awareness in their area of |
| |
requirements as to notification for which provision is made under |
| |
| |
(8) | The reference to that Act in Schedule 1 to the National Assembly for Wales |
| |
(Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring |
| 35 |
to that Act as amended by this section. |
| |
44 | Power to establish registration scheme in England |
| |
(1) | The Secretary of State may by regulations require any person who fosters a |
| |
child privately in the area of a children’s services authority in England to be |
| |
|
| |
|
| |
|
registered for private fostering by that authority in accordance with the |
| |
| |
(2) | Regulations under this section may make supplementary provision relating to |
| |
the registration of persons for private fostering, including provision as to— |
| |
(a) | how a person applies for registration and the procedure to be followed |
| 5 |
in considering an application; |
| |
(b) | the requirements to be satisfied before a person may be registered; |
| |
(c) | the circumstances in which a person is disqualified from being |
| |
| |
(d) | the circumstances in which an application for registration may or must |
| 10 |
| |
(e) | the payment of a fee on the making or granting of an application for |
| |
| |
(f) | the imposition of conditions on registration and the variation or |
| |
cancellation of such conditions; |
| 15 |
(g) | the circumstances in which a person’s registration may be, or be |
| |
| |
(h) | the making of appeals against any determination of a children’s |
| |
services authority in England in relation to a person’s registration; |
| |
(i) | temporary registration, or circumstances in which a person may be |
| 20 |
| |
(j) | requirements to be complied with by a children’s services authority in |
| |
England or a person registered under the regulations. |
| |
(3) | The provision which may be made under subsection (2)(a) includes provision |
| |
that any person who, in an application for registration under the regulations, |
| 25 |
knowingly makes a statement which is false or misleading in a material |
| |
particular is guilty of an offence and liable on summary conviction to a fine not |
| |
exceeding level 5 on the standard scale. |
| |
(4) | The requirements for which provision may be made under subsection (2)(b) |
| |
include requirements relating to— |
| 30 |
(a) | the suitability of the applicant to foster children privately; |
| |
(b) | the suitability of the premises in which it is proposed to foster children |
| |
privately (including their suitability by reference to any other person |
| |
| |
(5) | The provision which may be made under subsection (2)(c) includes provision |
| 35 |
that a person may be disqualified where— |
| |
(a) | an order of a kind specified in the regulations has been made at any |
| |
time with respect to him; |
| |
(b) | an order of a kind so specified has been made at any time with respect |
| |
to any child who has been in his care; |
| 40 |
(c) | a requirement of a kind so specified has been imposed at any time with |
| |
respect to any such child, under or by virtue of any enactment; |
| |
(d) | he has been convicted of a criminal offence of a kind so specified, or a |
| |
probation order has been made in respect of him for any such offence |
| |
or he has been discharged absolutely or conditionally for any such |
| 45 |
| |
(e) | a prohibition has been imposed on him under any specified enactment; |
| |
(f) | his rights and powers with respect to a child have at any time been |
| |
vested in a specified authority under a specified enactment; |
| |
|
| |
|