Children Bill [HL]

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 2 — Children’s services in England
8

(e)
social and economic well-being.
(3)
In making arrangements under this section a children’s services authority in
England must have regard to the importance of parents and other persons
caring for children in improving the well-being of children.
(4)
For the purposes of this section each of the following is a relevant partner of a
5
children’s services authority in England—
(a)
where the authority is a county council for an area for which there is
also a district council, the district council;
(b)
the police authority and the chief officer of police for a police area any
part of which falls within the area of the children’s services authority;
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(c)
a local probation board for an area any part of which falls within the
area of the authority;
(d)
a youth offending team for an area any part of which falls within the
area of the authority;
(e)
a Strategic Health Authority and Primary Care Trust for an area any
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part of which falls within the area of the authority;
(f)
a person providing services under section 114 of the Learning and Skills
Act 2000 (c. 21) in any part of the area of the authority;
(g)
the Learning and Skills Council for England.
(5)
The relevant partners of a children’s services authority in England must co-
20
operate with the authority in the making of arrangements under this section.
(6)
A children’s services authority in England and any of their relevant partners
may for the purposes of arrangements under this section—
(a)
provide staff, goods, services, accommodation or other resources;
(b)
establish and maintain a pooled fund.
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(7)
For the purposes of subsection (6) a pooled fund is a fund—
(a)
which is made up of contributions by the authority and the relevant
partner or partners concerned; and
(b)
out of which payments may be made towards expenditure incurred in
the discharge of functions of the authority and functions of the relevant
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partner or partners.
(8)
A children’s services authority in England and each of their relevant partners
must in exercising their functions under this section have regard to any
guidance given to them for the purpose by the Secretary of State.
(9)
Arrangements under this section may include arrangements relating to—
35
(a)
persons aged 18 and 19;
(b)
persons over the age of 19 who are receiving services under sections
23C to 24D of the Children Act 1989 (c. 41);
(c)
persons over the age of 19 but under the age of 25 who have a learning
difficulty, within the meaning of section 13 of the Learning and Skills
40
Act 2000, and are receiving services under that Act.
11
Arrangements to safeguard and promote welfare
(1)
This section applies to each of the following—
(a)
a children’s services authority in England;
(b)
a district council which is not such an authority;
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Children Bill [HL]
Part 2 — Children’s services in England
9

(c)
a Strategic Health Authority;
(d)
a Special Health Authority, so far as exercising functions in relation to
England, designated by order made by the Secretary of State for the
purposes of this section;
(e)
a Primary Care Trust;
5
(f)
an NHS trust all or most of whose hospitals, establishments and
facilities are situated in England;
(g)
an NHS foundation trust;
(h)
the police authority and chief officer of police for a police area in
England;
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(i)
the British Transport Police Authority, so far as exercising functions in
relation to England;
(j)
a local probation board for an area in England;
(k)
a youth offending team for an area in England;
(l)
the governor of a prison or secure training centre in England (or, in the
15
case of a contracted out prison or secure training centre, its director);
(m)
any person to the extent that he is providing services under section 114
of the Learning and Skills Act 2000 (c. 21).
(2)
Each person and body to whom this section applies must make arrangements
for ensuring that—
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(a)
their functions are discharged having regard to the need to safeguard
and promote the welfare of children; and
(b)
any services provided by another person pursuant to arrangements
made by the person or body in the discharge of their functions are
provided having regard to that need.
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(3)
In the case of a children’s services authority in England, the reference in
subsection (2) to functions of the authority does not include functions to which
section 175 of the Education Act 2002 (c. 32) applies.
(4)
Each person and body to whom this section applies must in discharging their
duty under this section have regard to any guidance given to them for the
30
purpose by the Secretary of State.
12
Information databases
(1)
The Secretary of State may for the purpose of arrangements under section 10 or
11 above or under section 175 of the Education Act 2002—
(a)
by regulations require children’s services authorities in England to
35
establish and operate databases containing information in respect of
persons to whom such arrangements relate;
(b)
himself establish and operate, or make arrangements for the operation
and establishment of, one or more databases containing such
information.
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(2)
The Secretary of State may for the purposes of arrangements under subsection
(1)(b) by regulations establish a body corporate to establish and operate one or
more databases.
(3)
A database under this section may only include information falling within
subsection (4) in relation to a person to whom arrangements specified in
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subsection (1) relate.

Children Bill [HL]
Part 2 — Children’s services in England
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(4)
The information referred to in subsection (3) is information of the following
descriptions in relation to a person—
(a)
his name, address, gender and date of birth;
(b)
a number identifying him;
(c)
the name and contact details of any person with parental responsibility
5
for him (within the meaning of section 3 of the Children Act 1989
(c. 41)) or who has care of him at any time;
(d)
details of any education being received by him (including the name and
contact details of any educational institution attended by him);
(e)
the name and contact details of any person providing primary medical
10
services in relation to him under Part 1 of the National Health Service
Act 1977 (c. 49);
(f)
the name and contact details of any person providing to him services of
such description as the Secretary of State may by regulations specify;
(g)
information as to the existence of any cause for concern in relation to
15
him;
(h)
information of such other description, not including medical records or
other personal records, as the Secretary of State may by regulations
specify.
(5)
The Secretary of State may by regulations make provision in relation to the
20
establishment and operation of any database or databases under this section.
(6)
Regulations under subsection (5) may in particular make provision—
(a)
as to the information which must or may be contained in any database
under this section (subject to subsection (3));
(b)
requiring a person or body specified in subsection (7) to disclose
25
information for inclusion in the database;
(c)
permitting a person or body specified in subsection (8) to disclose
information for inclusion in the database;
(d)
permitting or requiring the disclosure of information included in any
such database;
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(e)
permitting or requiring any person to be given access to any such
database for the purpose of adding or reading information;
(f)
as to the conditions on which such access must or may be given;
(g)
as to the length of time for which information must or may be retained;
(h)
as to procedures for ensuring the accuracy of information included in
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any such database;
(i)
in a case where a database is established by virtue of subsection (1)(b),
requiring children’s services authorities in England to participate in the
operation of the database.
(7)
The persons and bodies referred to in subsection (6)(b) are—
40
(a)
the persons and bodies specified in section 11(1);
(b)
the Learning and Skills Council for England;
(c)
the governing body of a maintained school in England (within the
meaning of section 175 of the Education Act 2002 (c. 32));
(d)
the governing body of an institution in England within the further
45
education sector (within the meaning of that section);
(e)
the proprietor of an independent school in England (within the
meaning of the Education Act 1996 (c. 56));

Children Bill [HL]
Part 2 — Children’s services in England
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(f)
a person or body of such other description as the Secretary of State may
by regulations specify.
(8)
The persons and bodies referred to in subsection (6)(c) are—
(a)
a person registered in England for child minding or the provision of
day care under Part 10A of the Children Act 1989 (c. 41);
5
(b)
a voluntary organisation exercising functions or engaged in activities in
relation to persons to whom arrangements specified in subsection (1)
relate;
(c)
the Commissioners of Inland Revenue;
(d)
a registered social landlord;
10
(e)
a person or body of such other description as the Secretary of State may
by regulations specify.
(9)
The Secretary of State may provide information for inclusion in a database
under this section.
(10)
The provision which may be made under subsection (6)(e) includes provision
15
for a person of a description specified in the regulations to determine what
must or may be done under the regulations.
(11)
Regulations under subsection (5) may also provide that anything which may
be done under regulations under subsection (6)(c) to (e) or (9) may be done
notwithstanding any rule of common law which prohibits or restricts the
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disclosure of information.
(12)
Any person or body establishing or operating a database under this section
must in the establishment or operation of the database have regard to any
guidance, and comply with any direction, given to that person or body by the
Secretary of State.
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(13)
Guidance or directions under subsection (12) may in particular relate to—
(a)
the management of a database under this section;
(b)
the technical specifications for any such database;
(c)
the security of any such database;
(d)
the transfer and comparison of information between databases under
30
this section;
(e)
the giving of advice in relation to rights under the Data Protection Act
1998 (c. 29).
Local Safeguarding Children Boards
13
Establishment of LSCBs
35
(1)
Each children’s services authority in England must establish a Local
Safeguarding Children Board for their area.
(2)
A Board established under this section must include such representative or
representatives of—
(a)
the authority by which it is established, and
40
(b)
each Board partner of that authority,

as the Secretary of State may by regulations prescribe.
(3)
For the purposes of this section each of the following is a Board partner of a
children’s services authority in England—

Children Bill [HL]
Part 2 — Children’s services in England
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(a)
where the authority is a county council for an area for which there is
also a district council, the district council;
(b)
the chief officer of police for a police area any part of which falls within
the area of the authority;
(c)
a local probation board for an area any part of which falls within the
5
area of the authority;
(d)
a youth offending team for an area any part of which falls within the
area of the authority;
(e)
a Strategic Health Authority and a Primary Care Trust for an area any
part of which falls within the area of the authority;
10
(f)
an NHS trust and an NHS foundation trust all or most of whose
hospitals, establishments and facilities are situated in the area of the
authority;
(g)
a person providing services under section 114 of the Learning and Skills
Act 2000 (c. 21) in any part of the area of the authority;
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(h)
the Children and Family Court Advisory and Support Service;
(i)
the governor of any secure training centre in the area of the authority
(or, in the case of a contracted out secure training centre, its director);
(j)
the governor of any prison in the area of the authority which ordinarily
detains children (or, in the case of a contracted out prison, its director).
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(4)
A children’s services authority in England must take reasonable steps to
ensure that the Local Safeguarding Children Board established by them
includes representatives of relevant persons and bodies of such descriptions as
may be prescribed by the Secretary of State in regulations.
(5)
A Local Safeguarding Children Board established under this section may also
25
include representatives of such other relevant persons or bodies as the
authority by which it is established consider, after consulting their Board
partners, should be represented on it.
(6)
For the purposes of subsections (4) and (5), relevant persons and bodies are
persons and bodies of any nature exercising functions or engaged in activities
30
relating to children in the area of the authority in question.
(7)
In the establishment and operation of a Local Safeguarding Children Board
under this section—
(a)
the authority establishing it must co-operate with each of their Board
partners; and
35
(b)
each Board partner must co-operate with the authority.
(8)
Two or more children’s services authorities in England may discharge their
respective duties under subsection (1) by establishing a Local Safeguarding
Children Board for their combined area (and where they do so, any reference
in this section or sections 14 to 16 to the authority establishing the Board shall
40
be read as a reference to the authorities establishing it).
14
Functions and procedure of LSCBs
(1)
The objective of a Local Safeguarding Children Board established under
section 13 is—
(a)
to co-ordinate what is done by each person or body represented on the
45
Board for the purposes of safeguarding and promoting the welfare of
children in the area of the authority by which it is established; and

Children Bill [HL]
Part 2 — Children’s services in England
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(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 13 is to have
such functions in relation to its objective as the Secretary of State may by
regulations prescribe (which may in particular include functions of review or
5
investigation).
(3)
The Secretary of State may by regulations make provision as to the procedures
to be followed by a Local Safeguarding Children Board established under
section 13.
15
Funding of LSCBs
10
(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 13—
(a)
by making the payments directly; or
(b)
by contributing to a fund out of which the payments may be made.
15
(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 13.
(3)
The persons and bodies referred to in subsections (1) and (2) are—
(a)
the children’s services authority in England by which the Board is
20
established;
(b)
any person who is a Board partner of the authority under section
13(3)(a) to (h);
(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.
16
LSCBs: supplementary
(1)
The Secretary of State may by regulations make provision as to the functions of
children’s services authorities in England relating to Local Safeguarding
30
Children Boards established by them.
(2)
A children’s services authority in England 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
Secretary of State.
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Local authority administration
17
Children and young people’s plans
(1)
The Secretary of State may by regulations require a children’s services
authority in England from time to time to prepare and publish a plan setting
out the authority’s strategy for discharging their functions in relation to
40
children and relevant young persons.
(2)
Regulations under this section may in particular make provision as to—

Children Bill [HL]
Part 2 — Children’s services in England
14

(a)
the matters to be dealt with in a plan under this section;
(b)
the period to which a plan under this section is to relate;
(c)
when and how a plan under this section must be published;
(d)
keeping a plan under this section under review;
(e)
consultation to be carried out during preparation of a plan under this
5
section.
(3)
The matters for which provision may be made under subsection (2)(a) include
in particular—
(a)
the arrangements made or to be made under section 10 by a children’s
services authority in England;
10
(b)
the strategy or proposals in relation to children and relevant young
persons of any person or body with whom a children’s services
authority in England makes or proposes to make such arrangements.
(4)
The power to make regulations conferred by this section shall, for the purposes
of subsection (1) of section 100 of the Local Government Act 2003 (c. 26), be
15
regarded as included among the powers mentioned in subsection (2) of that
section.
(5)
In this section “relevant young persons” means persons, other than children, in
relation to whom arrangements under section 10 may be made.
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Director of children’s services
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(1)
A children’s services authority in England may, and with effect from the
appointed day must, appoint an officer for the purposes of—
(a)
the functions conferred on or exercisable by the authority which are
specified in subsection (2); and
(b)
such other functions conferred on or exercisable by the authority as
25
may be prescribed by the Secretary of State by regulations.
(2)
The functions referred to in subsection (1)(a) are—
(a)
functions conferred on or exercisable by the authority in their capacity
as a local education authority;
(b)
functions conferred on or exercisable by the authority which are social
30
services functions (within the meaning of the Local Authority Social
Services Act 1970 (c. 42)), so far as those functions relate to children;
(c)
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 (b));
(d)
the functions conferred on the authority under sections 10 to 12 and 17
35
of this Act; and
(e)
any functions exercisable by the authority under section 31 of the
Health Act 1999 (c. 8) on behalf of an NHS body (within the meaning of
that section), so far as those functions relate to children.
(3)
Subsection (2)(a) does not include—
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(a)
functions under section 120(3) of the Education Reform Act 1988 (c. 40)
(functions of LEAs with respect to higher and further education);
(b)
functions under section 85(2) and (3) of the Further and Higher
Education Act 1992 (c. 13) (finance and government of locally funded
further and higher education);
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