Childcare Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Childcare Bill

Childcare Bill
Part 1 — General functions of local authority: England
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE D]
To
Make provision about the powers and duties of local authorities and other
bodies in England in relation to the improvement of the well-being of young
children; to make provision about the powers and duties of local authorities in
England and Wales in relation to the provision of childcare and the provision
of information to parents and other persons; to make provision about the
regulation and inspection of childcare provision in England; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
General functions of local authority: England
Improvement of young children’s well-being
1
General duties of local authority in relation to well-being of young children
(1)
An English local authority must—
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(a)
improve the well-being of young children in their area, and
(b)
reduce inequalities between young children in their area in relation to
the matters mentioned in subsection (2).
(2)
In this Act “well-being”, in relation to children, means their well-being so far
as relating to—
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(a)
physical and mental health and emotional well-being;
(b)
protection from harm and neglect;
(c)
education, training and recreation;
(d)
the contribution made by them to society;

Bill 107 54/1

Childcare Bill
Part 1 — General functions of local authority: England
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(e)
social and economic well-being.
(3)
The Secretary of State may, in accordance with regulations, set targets for—
(a)
the improvement of the well-being of young children in the area of an
English local authority;
(b)
the reduction of inequalities between young children in the area of an
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English local authority in relation to the matters mentioned in
subsection (2).
(4)
In exercising their functions, an English local authority must act in the manner
that is best calculated to secure that any targets set under subsection (3) (so far
as relating to the area of the local authority) are met.
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(5)
In performing their duties under this section, an English local authority must
have regard to any guidance given from time to time by the Secretary of State.
2
Meaning of “early childhood services” for purposes of section 3
(1)
In section 3 “early childhood services”, in relation to an English local authority,
means—
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(a)
early years provision;
(b)
the social services functions of the local authority, so far as relating to
young children, parents or prospective parents;
(c)
health services relating to young children, parents or prospective
parents;
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(d)
the provision, under arrangements made under section 2 of the
Employment and Training Act 1973 (c. 50), of assistance to parents or
prospective parents;
(e)
the service provided by the local authority under section 12 (duty to
provide information and assistance) so far as relating to parents or
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prospective parents.
(2)
In this section—
“parent” means a parent of a young child, and includes any individual
who—
(a)
has parental responsibility for a young child, or
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(b)
has care of a young child;
“prospective parent” means a pregnant woman or any other person who
is likely to become, or is planning to become, a parent;
“social services functions”, in relation to a local authority, has the same
meaning as in the Local Authority Social Services Act 1970 (c. 42).
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3
Specific duties of local authority in relation to early childhood services
(1)
For the purpose of their general duty under section 1(1), an English local
authority have the further duties imposed by subsections (2) and (3).
(2)
The authority must make arrangements to secure that early childhood services
in their area are provided in an integrated manner which is calculated to—
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(a)
facilitate access to those services, and
(b)
maximise the benefit of those services to parents, prospective parents
and young children.
(3)
The authority must take steps—

Childcare Bill
Part 1 — General functions of local authority: England
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(a)
to identify parents or prospective parents in the authority’s area who
would otherwise be unlikely to take advantage of early childhood
services that may be of benefit to them and their young children, and
(b)
to encourage those parents or prospective parents to take advantage of
those services.
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(4)
An English local authority must take all reasonable steps to encourage and
facilitate the involvement in the making and implementation of arrangements
under this section of—
(a)
parents and prospective parents in their area,
(b)
early years providers in their area, including those in the private and
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voluntary sectors, and
(c)
other persons engaged in activities which may improve the well-being
of young children in their area.
(5)
In discharging their duties under this section, an English local authority must
have regard to any guidance given from time to time by the Secretary of State.
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(6)
In this section—
“early years provider” has the same meaning as in Part 3;
“parent” and “prospective parent” have the same meaning as in section 2.
4
Duty of local authority and relevant partners to work together
(1)
For the purposes of this section each of the following is a relevant partner of an
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English local authority—
(a)
a Strategic Health Authority or Primary Care Trust for an area any part
of which falls within the area of the local authority;
(b)
the Secretary of State, in relation to his functions under section 2 of the
Employment and Training Act 1973 (c. 50).
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(2)
An English local authority must make arrangements to work with each of the
authority’s relevant partners in the performance by the authority of their
duties under sections 1 and 3.
(3)
Each of the relevant partners of an English local authority must work with the
authority and with the other relevant partners in the making of the
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arrangements.
(4)
An English local authority and each 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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(5)
For the purposes of subsection (4) 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.
(6)
An English local authority and each of their relevant partners falling within
subsection (1)(a) must, in exercising their functions under this section, have
regard to any guidance given from time to time by the Secretary of State.

Childcare Bill
Part 1 — General functions of local authority: England
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5
Power to amend sections 2 and 4
The Secretary of State may by order—
(a)
amend the definition of “early childhood services” in section 2(1), and
(b)
in connection with any amendment of that definition, make such other
amendments of section 2 or 4 as appear to him to be necessary or
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expedient.
Provision of childcare
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Duty to secure sufficient childcare for working parents
(1)
An English local authority must secure, so far as is reasonably practicable, that
the provision of childcare (whether or not by them) is sufficient to meet the
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requirements of parents in their area who require childcare in order to enable
them—
(a)
to take up, or remain in, work, or
(b)
to undertake education or training which could reasonably be expected
to assist them to obtain work.
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(2)
In determining for the purposes of subsection (1) whether the provision of
childcare is sufficient to meet those requirements, a local authority—
(a)
must have regard to the needs of parents in their area for—
(i)
the provision of childcare in respect of which the child care
element of working tax credit is payable, and
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(ii)
the provision of childcare which is suitable for disabled
children, and
(b)
may have regard to any childcare which they expect to be available
outside their area.
(3)
In discharging their duty under subsection (1), a local authority must have
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regard to any guidance given from time to time by the Secretary of State.
(4)
The Secretary of State may by order amend subsection (2) (and subsection (6)
so far as relating to that subsection) so as to modify the matters to which a local
authority must or may have regard in determining whether the provision of
childcare is sufficient.
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(5)
This section does not apply in relation to childcare—
(a)
for a child other than a disabled child, on or after the 1st September next
following the date on which he attains the age of 14;
(b)
for a disabled child, on or after the 1st September next following the
date on which he attains the age of 16.
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(6)
In this section—
“child care element”, in relation to working tax credit, is to be read in
accordance with section 12 of the Tax Credits Act 2002 (c. 21);
“disabled child” means a child who has a disability for the purposes of the
Disability Discrimination Act 1995 (c. 50);
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“parent” includes any individual who—
(a)
has parental responsibility for a child, or
(b)
has care of a child.