|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
| |
| |
(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)); |
| |
| 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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(a) | any function conferred on them in their capacity as a local |
| |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
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 |
| |
| |
“(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 |
| |
| |
(b) | give due consideration (having regard to his age and |
| 20 |
understanding) to such wishes of the child as they have been |
| |
| |
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 |
| |
| |
(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”. |
| |
|
| |
|
| |
|
(5) | In section 102 of the Local Government Act 2000 (c. 22) (social services |
| |
| |
| |
(b) | in subsection (2), for “that Act” substitute “the Local Authority Social |
| |
| 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— |
| |
| | | | | | | Functions relating to Local |
| | 10 | | | Safeguarding Children Boards.” |
| | |
|
| |
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 |
| |
| |
| |
(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 |
| |
| 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 |
| |
| |
(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). |
| |
|
| |
|
| |
|
(2) | In subsection (2) of that section (purposes for which assistance may be given), |
| |
| |
“(j) | the promotion of the welfare of children and their parents; |
| |
(k) | the provision of support for parenting (including support for |
| |
| 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”. |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
| |
“(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 |
| |
(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;” |
| |
| |
“(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 |
| |
| |
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 |
| |
| |
(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; |
| |
|
| |
|