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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

36

 

(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

37

 

(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

38

 

(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;

 

 

 
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