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
26

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Functions and procedure of LSCBs in Wales
(1)
The objective of a Local Safeguarding Children Board established under
section 31 is—
(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
for those purposes.
(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
investigation).
(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.
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Funding of LSCBs in Wales
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(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.
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(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
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established;
(b)
any person who is a Board partner of the authority under section
31(3)(a) to (e);
(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
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(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).

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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Part 4
Advisory and support services for family proceedings
CAFCASS functions in Wales
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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
proceedings;
(c)
make provision for the children to be represented in such proceedings;
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(d)
provide information, advice and other support for the children and
their families.
(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)).
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(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
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(b)
any other individual exercising functions of a Welsh family
proceedings officer by virtue of section 36(2) or (4).
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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
behalf.
(2)
Arrangements under subsection (1) may provide for the organisations to
designate individuals who may perform functions of Welsh family
proceedings officers.
(3)
The Assembly may only make an arrangement under subsection (1) if it is of
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the opinion—
(a)
that the functions in question will be performed efficiently and to the
required standard; and
(b)
that the arrangement represents good value for money.
(4)
The Assembly may make arrangements with individuals under which they
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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
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under which any services provided by the Assembly’s staff to the Assembly in

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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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
subsection (5) and (6).
(8)
In this section, references to organisations include public bodies and private or
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voluntary organisations.
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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
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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.
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(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.
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(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.
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Inspections
(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.
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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
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36(1) must provide that, before selecting an individual to be employed under
the arrangements in a child care position, the organisation—

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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(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
employment.
(3)
Such arrangements must provide that, if at any time the organisation has
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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.
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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
Transfers
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
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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—
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(a)
specify the property, rights and liabilities to be transferred by the
scheme; or
(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,
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or the imposition of liabilities, in relation to property transferred by the
scheme.
(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.
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(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
not taken place.
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(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

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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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
(7).
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
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been so transferred.
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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
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Assembly.
(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
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this section—
(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—
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(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
the scheme; and
(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
transfer—
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(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

Children Bill [HL]
Part 5 — Miscellaneous
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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.
Part 5
Miscellaneous
5
Private fostering
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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).
(2)
In subsection (1)—
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
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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
purpose”.
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(5)
In subsection (5)—
(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
insert—
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“7A
Every local authority must promote public awareness in their area of
requirements as to notification for which provision is made under
paragraph 7.”
(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.
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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

Children Bill [HL]
Part 5 — Miscellaneous
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registered for private fostering by that authority in accordance with the
regulations.
(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
registered;
(d)
the circumstances in which an application for registration may or must
10
be granted or refused;
(e)
the payment of a fee on the making or granting of an application for
registration;
(f)
the imposition of conditions on registration and the variation or
cancellation of such conditions;
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(g)
the circumstances in which a person’s registration may be, or be
regarded as, cancelled;
(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
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regarded as registered;
(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,
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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
living there).
(5)
The provision which may be made under subsection (2)(c) includes provision
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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;
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(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
offence;
(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;