Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 5 — Miscellaneous
33

(g)
he lives in the same household as a person who is himself disqualified
from being registered or in a household in which such a person is
employed.
(6)
The provision which may be made under subsection (2)(c) also includes
provision for a children’s services authority in England to determine whether
5
a person is or is not to be disqualified.
(7)
The conditions for which provision may be made under subsection (2)(f)
include conditions relating to—
(a)
the maintenance of premises in which children are, or are proposed to
be, privately fostered;
10
(b)
any other persons living at such premises.
(8)
The provision which may be made under subsection (2)(j) includes—
(a)
a requirement that a person registered under the regulations obtain the
consent of the children’s services authority in England by whom he is
registered before privately fostering a child;
15
(b)
provision relating to the giving of such consent (including provision as
to the circumstances in which, or conditions subject to which, it may or
must be given).
(9)
The provision which may be made under subsection (2)(j) also includes—
(a)
a requirement for a children’s services authority in England to
20
undertake annual inspections in relation to persons registered under
the regulations (whether in fact privately fostering children or not); and
(b)
provision for the payment of a fee by registered persons in respect of
such inspections.
(10)
Regulations under this section may—
25
(a)
authorise a children’s services authority in England to issue a notice to
any person whom they believe to be fostering a child privately in their
area without being registered in accordance with the regulations; and
(b)
provide that a person who, without reasonable excuse, fosters a child
privately without being registered in accordance with the regulations
30
while such a notice is issued in respect of him is guilty of an offence and
liable on summary conviction to a fine not exceeding level 5 on the
standard scale.
(11)
Regulations under this section may provide that a person registered under the
regulations who without reasonable excuse contravenes or otherwise fails to
35
comply with any requirement imposed on him in the regulations is guilty of an
offence and liable on summary conviction to a fine not exceeding level 5 on the
standard scale.
(12)
Regulations under this section may provide that a person who fosters a child
privately while he is disqualified from being registered is guilty of an offence
40
unless—
(a)
he is disqualified by virtue of the fact that he lives in the same
household as a person who is himself disqualified from being
registered or in a household in which such a person is employed; and
(b)
he did not know, and had no reasonable grounds for believing, that that
45
person was so disqualified.

Children Bill [HL]
Part 5 — Miscellaneous
34

(13)
Where regulations under this section make provision under subsection (12),
they must provide that a person who is guilty of the offence referred to in that
subsection is liable on summary conviction to—
(a)
a fine not exceeding level 5 on the standard scale, or
(b)
a term of imprisonment not exceeding 51 weeks (or, in the case of an
5
offence committed before the commencement of section 281(5) of the
Criminal Justice Act 2003 (c. 44), not exceeding six months), or
(c)
both.
(14)
Regulations under this section may—
(a)
make consequential amendments (including repeals) to sections 67(2)
10
to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the
Children Act 1989 (c. 41);
(b)
amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)
(social services functions) as to add functions of a children’s services
authority in England under this section to the functions listed in that
15
Schedule.
(15)
Nothing in this section affects the scope of section 64(1).
(16)
For the purposes of this section references to a person fostering a child
privately have the same meaning as in the Children Act 1989.
45
Power to establish registration scheme in Wales
20
(1)
The Assembly may by regulations require any person who fosters a child
privately in the area of a children’s services authority in Wales to be registered
for private fostering by that authority in accordance with the regulations.
(2)
Subsections (2) to (15) of section 44 apply in relation to regulations under this
section as they apply in relation to regulations under that section with the
25
substitution for references to a children’s services authority in England of
references to a children’s services authority in Wales.
(3)
Subsection (16) of that section applies for the purposes of this section.
46
Expiry of powers in sections 44 and 45
(1)
If no regulations have been made under section 44 by the relevant time, that
30
section shall (other than for the purposes of section 45(2) and (3)) cease to have
effect at that time.
(2)
If no regulations have been made under section 45 by the relevant time, that
section shall cease to have effect at that time.
(3)
In this section, the relevant time is the end of the period of four years beginning
35
with the day on which this Act is passed.
Child minding and day care
47
Child minding and day care
Schedule 4 (which makes provision amending Part 10A of the Children Act
1989 in relation to child minding and day care) has effect.
40

Children Bill [HL]
Part 5 — Miscellaneous
35

Local authority services
48
Intervention
(1)
Section 497A of the Education Act 1996 (c. 56) (power to secure proper
performance of a local education authority’s functions) applies in relation to—
(a)
the relevant functions of a children’s services authority in England, and
5
(b)
the relevant functions of a children’s services authority in Wales,

as it applies in relation to the functions of a local education authority referred
to in subsection (1) of that section.
(2)
For the purposes of this section, the relevant functions of a children’s services
authority in England or Wales are—
10
(a)
functions conferred on or exercisable by the authority which are social
services functions, so far as those functions relate to children;
(b)
the functions conferred on the authority under sections 23C to 24D of
the Children Act 1989 (c. 41) (so far as not falling within paragraph (a));
and
15
(c)
the functions conferred on the authority under sections 10, 12 and 17
above (in the case of a children’s services authority in England) or
under sections 25, 26 and 29 above (in the case of a children’s services
authority in Wales).
(3)
In subsection (2)(a) “social services functions” has the same meaning as in the
20
the Local Authority Social Services Act 1970 (c. 42).
(4)
Sections 497AA and 497B of the Education Act 1996 apply accordingly where
powers under section 497A of that Act are exercised in relation to any of the
relevant functions of a children’s services authority in England or Wales.
(5)
In the application of sections 497A(2) to (7), 497AA and 497B of that Act in
25
relation to the relevant functions of a children’s services authority in England
or Wales, references to the local education authority are to be read as references
to the children’s services authority in England or Wales.
(6)
In subsection (5) of section 497A of that Act, the reference to functions to which
that section applies includes (for all purposes) relevant functions of a
30
children’s services authority in England or Wales.
49
Inspection of local education authorities
In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for
subsection (2) substitute—
“(2)
An inspection of a local education authority in England under this
35
section shall consist of a review of the way in which the authority are
performing any function conferred on them in their capacity as a local
education authority, other than a function falling within the remit of the
Adult Learning Inspectorate under section 53 of the Learning and Skills
Act 2000 (c. 21).
40
(2A)
An inspection of a local education authority in Wales under this section
shall consist of a review of the way in which the authority are
performing—
(a)
any function conferred on them in their capacity as a local
education authority; and
45

Children Bill [HL]
Part 5 — Miscellaneous
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(b)
the functions conferred on them under sections 25 and 26 so far
as relating to education, training or youth support services
(within the meaning of section 123 of the Learning and Skills
Act 2000 (c. 21)).”
50
Duty of local authorities to promote educational achievement
5
In section 22 of the Children Act 1989 (c. 41) (general duty of local authority in
relation to children looked after by them), after subsection (3) insert—
“(3A)
The duty of a local authority under subsection (3)(a) to safeguard and
promote the welfare of a child looked after by them includes in
particular a duty to promote the child’s educational achievement.”
10
51
Ascertaining children’s wishes
In section 17 of the Children Act 1989 (provision of services to children), after
subsection (4) insert—
“(4A)
Before determining what (if any) services to provide for a particular
child in need in the exercise of functions conferred on them by this
15
section, a local authority shall, so far as is reasonably practicable and
consistent with the child’s welfare—
(a)
ascertain the child’s wishes regarding the provision of those
services; and
(b)
give due consideration (having regard to his age and
20
understanding) to such wishes of the child as they have been
able to ascertain.”
52
Information about individual children
In section 83 of the Children Act 1989 (research and returns of information),
after subsection (4) insert—
25
“(4A)
Particulars required to be transmitted under subsection (3) or (4) may
include particulars relating to and identifying individual children.”
53
Social services committees
(1)
Sections 2 to 5 of the Local Authority Social Services Act 1970 (c. 42) (social
services committees) shall cease to have effect.
30
(2)
In Schedule 1 to that Act (enactments conferring functions assigned to social
services committees), for the heading substitute “SOCIAL SERVICES
FUNCTIONS”.
(3)
In section 63(8) of the Health Services and Public Health Act 1968 (c. 46)
(instruction), in paragraph (a) of the definition of “relevant enactments”, for the
35
words from “for the time being” to “section 2” substitute “are social services
functions within the meaning”.
(4)
In Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political
balance on committees), in paragraph 4(1), in paragraph (a) of the definition of
“ordinary committee”, for the words from “the authority’s” to “any other
40
committee” substitute “any committee”.

Children Bill [HL]
Part 5 — Miscellaneous
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(5)
In section 102 of the Local Government Act 2000 (c. 22) (social services
functions)—
(a)
omit subsection (1);
(b)
in subsection (2), for “that Act” substitute “the Local Authority Social
Services Act 1970”.
5
54
Social services functions
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions
which are social services functions), at the end insert—

“Children Act 2004

    Sections 13 to 16 and 31 to 34
Functions relating to Local

10

Safeguarding Children Boards.”

Other provisions
55
Fees payable to adoption review panel members
In section 12 of the Adoption and Children Act 2002 (c. 38) (independent
review of determinations), in subsection (3)(d) (power to make provision as to
15
the payment of expenses of members of a panel) for “expenses of” substitute
“fees to”.
56
Reasonable punishment
(1)
In relation to any offence specified in subsection (2), battery of a child cannot
be justified on the ground that it constituted reasonable punishment.
20
(2)
The offences referred to in subsection (1) are—
(a)
an offence under section 18 or 20 of the Offences against the Person Act
1861 (c. 100) (wounding and causing grievous bodily harm);
(b)
an offence under section 47 of that Act (assault occasioning actual
bodily harm);
25
(c)
an offence under section 1 of the Children and Young Persons Act 1933
(c. 12) (cruelty to persons under 16).
(3)
Battery of a child causing actual bodily harm to the child cannot be justified in
any civil proceedings on the ground that it constituted reasonable punishment.
(4)
For the purposes of subsection (3) “actual bodily harm” has the same meaning
30
as it has for the purposes of section 47 of the Offences against the Person Act
1861.
(5)
In section 1 of the Children and Young Persons Act 1933, omit subsection (7).
57
Power to give financial assistance
(1)
Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and
35
Assembly to give financial assistance for purposes related to education or
childcare) is amended as specified in subsections (2) to (4).

Children Bill [HL]
Part 5 — Miscellaneous
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(2)
In subsection (2) of that section (purposes for which assistance may be given),
at the end insert—
“(j)
the promotion of the welfare of children and their parents;
(k)
the provision of support for parenting (including support for
prospective parents).”
5
(3)
After that subsection insert—
“(2A)
In subsection (2)(j), “children” means persons under the age of twenty.”
(4)
In the heading to that section, for “childcare” substitute “children etc”.
(5)
In the heading to Part 2 of that Act, for “childcare” substitute “children etc”.
58
Child safety orders
10
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
In section 8(1)(a) (power to make parenting order where a child safety order is
made), at the end insert “or the court determines on an application under
section 12(6) below that a child has failed to comply with any requirement
included in such an order”.
15
(3)
In section 11(4) (maximum period permitted for child safety orders), for the
words from “three months” to the end substitute “twelve months”.
(4)
In section 12, omit subsections (6)(a) and (7) (power to make care order on
breach of child safety order).
59
Children’s Commissioner for Wales: powers of entry
20
In the Care Standards Act 2000 (c. 14), in section 76 (further functions of
Children’s Commissioner for Wales), at the end insert—
“(8)
The Commissioner or a person authorised by him may for the purposes
of any function of the Commissioner under section 72B or 73 or
subsection (4) of this section at any reasonable time—
25
(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.”
60
Publication of material relating to legal proceedings
30
(1)
In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved
in certain proceedings), after “publish” insert “to the public at large or any
section of the public”.
(2)
In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of
information relating to proceedings in private), at the end insert “(and in
35
particular where the publication is not so punishable by reason of being
authorised by rules of court)”.
(3)
In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after

Children Bill [HL]
Part 5 — Miscellaneous
39

subsection (5) insert—
“(5A)
Rules may, for the purposes of the law relating to contempt of court,
authorise the publication in such circumstances as may be specified of
information relating to proceedings held in private involving children.”
(4)
In section 145(1) of the Magistrates’ Courts Act 1980 (c. 43) (rules:
5
supplementary), after paragraph (g) insert—
“(ga)
authorising, for the purposes of the law relating to contempt of
court, the publication in such circumstances as may be specified
of information relating to proceedings referred to in section
12(1)(a) of the Administration of Justice Act 1960 which are held
10
in private;”.
(5)
In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42)
(family proceedings rules), in paragraph (a) after “County Courts Act 1984;”
insert—
“(aa)
authorise, for the purposes of the law relating to contempt of
15
court, the publication in such circumstances as may be specified
of information relating to family proceedings held in private;”.
(6)
In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of
procedure) at the end insert—
“(6)
Rules may, for the purposes of the law relating to contempt of court,
20
authorise the publication in such circumstances as may be specified of
information relating to proceedings held in private involving children.”
(7)
In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further
provision) after subsection (2) insert—
“(2A)
Family Procedure Rules may, for the purposes of the law relating to
25
contempt of court, authorise the publication in such circumstances as
may be specified of information relating to family proceedings held in
private.”
61
Disclosure of information by Inland Revenue
(1)
In Schedule 5 to the Tax Credits Act 2002 (c. 21) (use and disclosure of
30
information), after paragraph 10 insert—
“Provision of information by Board for purposes relating to welfare of children
10A   (1)
This paragraph applies to information, other than information
relating to a person’s income, which is held for the purposes of
functions relating to tax credits, child benefit or guardian’s
35
allowance—
(a)
by the Board, or
(b)
by a person providing services to the Board, in connection
with the provision of those services.
      (2)
Information to which this paragraph applies may be supplied to—
40
(a)
a local authority in England and Wales for use for the
purpose of any enquiry or investigation under Part 5 of the
Children Act 1989 relating to the welfare of a child;