Children and Young Persons Bill [HL]

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Children and Young Persons Bill [HL]

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
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(b)
a child who was looked after by a local authority but who has
ceased to be looked after by them as a result of prescribed
circumstances.
(2)
It is the duty of the local authority—
(a)
to ensure that a person to whom this section applies is visited by
5
a representative of the authority (“a representative”);
(b)
to arrange for appropriate advice, support and assistance to be
available to a person to whom this section applies who seeks it
from them.
(3)
The duties imposed by subsection (2)—
10
(a)
are to be discharged in accordance with any regulations made
for the purposes of this section by the appropriate national
authority;
(b)
are subject to any requirement imposed by or under an
enactment applicable to the place in which the person to whom
15
this section applies is accommodated.
(4)
Regulations under this section for the purposes of subsection (3)(a) may
make provision about—
(a)
the frequency of visits;
(b)
circumstances in which a person to whom this section applies
20
must be visited by a representative; and
(c)
the functions of a representative.
(5)
In choosing a representative a local authority must satisfy themselves
that the person chosen has the necessary skills and experience to
perform the functions of a representative.”
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17
Independent visitors for children looked after by a local authority
(1)
After section 23ZA of the 1989 Act (which is inserted by section 16) insert—
“23ZB
Independent visitors for children looked after by a local authority
(1)
A local authority looking after a child must appoint an independent
person to be the child’s visitor if—
30
(a)
the child falls within a description prescribed in regulations
made by the appropriate national authority; or
(b)
in any other case, it appears to them that it would be in the
child’s interests to do so.
(2)
A person appointed under this section must visit, befriend and advise
35
the child.
(3)
A person appointed under this section is entitled to recover from the
appointing authority any reasonable expenses incurred by that person
for the purposes of that person’s functions under this section.
(4)
A person’s appointment as a visitor in pursuance of this section comes
40
to an end if—
(a)
the child ceases to be looked after by the local authority;
(b)
the person resigns the appointment by giving notice in writing
to the appointing authority; or

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
14

(c)
the authority give him notice in writing that they have
terminated it.
(5)
The ending of such an appointment does not affect any duty under this
section to make a further appointment.
(6)
Where a local authority propose to appoint a visitor for a child under
5
this section, the appointment shall not be made if—
(a)
the child objects to it; and
(b)
the authority are satisfied that the child has sufficient
understanding to make an informed decision.
(7)
Where a visitor has been appointed for a child under this section, the
10
local authority shall terminate the appointment if—
(a)
the child objects to its continuing; and
(b)
the authority are satisfied that the child has sufficient
understanding to make an informed decision.
(8)
If the local authority give effect to a child’s objection under subsection
15
(6) or (7) and the objection is to having anyone as the child’s visitor, the
authority does not have to propose to appoint another person under
subsection (1) until the objection is withdrawn.
(9)
The appropriate national authority may make regulations as to the
circumstances in which a person is to be regarded for the purposes of
20
this section as independent of the appointing authority.”
(2)
Omit paragraph 17 of Schedule 2 to the 1989 Act.
18
Notification to appropriate officer of children in long-term care
(1)
Section 85 of the 1989 Act (children accommodated by health bodies or local
education authorities) is amended in accordance with subsections (2) to (4).
25
(2)
In each of subsections (1) and (2), after “notify” insert “the appropriate officer
of”.
(3)
After subsection (3) insert—
“(3A)
In this section and sections 86 and 86A “the appropriate officer”
means—
30
(a)
in relation to a local authority in England, their director of
children’s services; and
(b)
in relation to a local authority in Wales, their lead director for
children and young people’s services.”
(4)
In subsection (4)—
35
(a)
for “a local authority have” substitute “the appropriate officer of a local
authority has”; and
(b)
for “they”, where it first occurs, substitute “the local authority”.
(5)
Section 86 of the 1989 Act (children accommodated in care homes or
independent hospitals) is amended in accordance with subsections (6) to (9).
40
(6)
In subsection (1)—
(a)
for the words “the home”, in the first place where they occur, substitute
“the establishment in question”;

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
15

(b)
after “notify” insert “the appropriate officer of”; and
(c)
for the words “the home”, in the second place where they occur,
substitute “the establishment”.
(7)
In subsection (2)—
(a)
for “the home”, in both places, substitute “the establishment”; and
5
(b)
after “notify” insert “the appropriate officer of”.
(8)
In subsection (3)—
(a)
for “a local authority have” substitute “the appropriate officer of a local
authority has”;
(b)
for “they”, where it first occurs, substitute “the local authority”; and
10
(c)
in paragraph (a), for “the home” substitute “the establishment in
question”.
(9)
In subsection (4) for “home” substitute “care home or independent hospital”.
19
Visits to children in long-term care
After section 86 of the 1989 Act insert—
15
“86A
Visitors for children notified to local authority under section 85 or 86
(1)
This section applies if the appropriate officer of a local authority—
(a)
has been notified with respect to a child under section 85(1) or
86(1); and
(b)
has not been notified with respect to that child under section
20
85(2) or, as the case may be, 86(2).
(2)
The local authority must, in accordance with regulations made under
this section, make arrangements for the child to be visited by a
representative of the authority (“a representative”).
(3)
It is the function of a representative to provide advice and assistance to
25
the local authority on the performance of their duties under section
85(4) or, as the case may be, 86(3).
(4)
Regulations under this section may make provision about—
(a)
the frequency of visits under visiting arrangements;
(b)
circumstances in which visiting arrangements must require a
30
child to be visited; and
(c)
additional functions of a representative.
(5)
Regulations under this section are to be made by the Secretary of State
and the Welsh Ministers acting jointly.
(6)
In choosing a representative a local authority must satisfy themselves
35
that the person chosen has the necessary skills and experience to
perform the functions of a representative.
(7)
In this section “visiting arrangements” means arrangements made
under subsection (2).”

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
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Education and training
20
Designated member of staff at school for pupils looked after by a local
authority
(1)
The governing body of a maintained school must designate a member of the
staff at the school (“the designated person”) as having responsibility for
5
promoting the educational achievement of registered pupils at the school
who—
(a)
are being looked after by a local authority; or
(b)
fall within subsection (6).
(2)
The governing body must ensure that the designated person undertakes
10
appropriate training.
(3)
The appropriate national authority may by regulations make provision
requiring the governing body of a maintained school to ensure that the
designated person has qualifications or experience (or both) prescribed by the
regulations.
15
(4)
In exercising its functions under this section a governing body of a maintained
school must have regard to any guidance issued by the appropriate national
authority.
(5)
For the purposes of subsection (1)(a) a person is “looked after by a local
authority” if the person is—
20
(a)
looked after by a local authority for the purposes of the 1989 Act or the
Children (Scotland) Act 1995 (c. 36); or
(b)
looked after by an authority for the purposes of the Children (Northern
Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(6)
A person falls within this subsection if the person—
25
(a)
is a relevant child within the meaning of section 23A of the 1989 Act or
article 34B of the Children (Northern Ireland) Order 1995;
(b)
is a former relevant child within the meaning of section 23C of the 1989
Act or article 34D of the Children (Northern Ireland) Order 1995; or
(c)
has been looked after by a local authority for the purposes of the
30
Children (Scotland) Act 1995 at any time after attaining the age of 16.
(7)
In this section—
“appropriate national authority” means—
(a)
in relation to a governing body of a maintained school in
England, the Secretary of State;
35
(b)
in relation to a governing body of a maintained school in Wales,
the Welsh Ministers;
“maintained school” has the same meaning as in Chapter 1 of Part 3 of the
Education Act 2002 (c. 32) (see section 39(1) of that Act);
“registered pupil” has the same meaning as in the Education Act 1996
40
(c. 56) (see section 434(5) of that Act).
21
Entitlement to payment in respect of higher education
(1)
Section 23C of the 1989 Act (continuing functions of local authorities in respect
of former relevant children) is amended in accordance with subsections (2) and
(3).
45

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
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(2)
After subsection (5) insert—
“(5A)
It is the duty of the local authority to pay the relevant amount to a
former relevant child who pursues higher education in accordance
with a pathway plan prepared for that person.
(5B)
The appropriate national authority may by regulations—
5
(a)
prescribe the relevant amount for the purposes of subsection
(5A);
(b)
prescribe the meaning of “higher education” for those purposes;
(c)
make provision as to the payment of the relevant amount;
(d)
make provision as to the circumstances in which the relevant
10
amount (or any part of it) may be recovered by the local
authority from a former relevant child to whom a payment has
been made.
(5C)
The duty set out in subsection (5A) is without prejudice to that set out
in subsection (4)(b).”
15
(3)
In subsection (9) after “subsection (4)(b)” insert “or who is in receipt of a
payment under subsection (5A)”.
(4)
In section 776 of the Income Tax (Trading and Other Income) Act 2005 (c. 5)
(scholarship income) after subsection (2) insert—
“(2A)
No liability to income tax arises in respect of income from a payment
20
made under section 23C(5A) of the Children Act 1989 (duty to make
payments to former relevant children who pursue higher education).”
22
Assistance to pursue education or training
(1)
In section 23B of the 1989 Act omit subsections (4) to (7).
(2)
After section 23C of the 1989 Act insert—
25
“23CA
Further assistance to pursue education or training
(1)
This section applies to a person if—
(a)
he is under the age of twenty-five or of such lesser age as may
be prescribed by the appropriate national authority;
(b)
he is a former relevant child (within the meaning of section 23C)
30
towards whom the duties imposed by subsections (2), (3) and
(4) of that section no longer subsist; and
(c)
he has informed the responsible local authority that he is
pursuing, or wishes to pursue, a programme of education or
training.
35
(2)
It is the duty of the responsible local authority to appoint a personal
adviser for a person to whom this section applies.
(3)
It is the duty of the responsible local authority—
(a)
to carry out an assessment of the needs of a person to whom this
section applies with a view to determining what assistance (if
40
any) it would be appropriate for them to provide to him under
this section; and
(b)
to prepare a pathway plan for him.

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
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(4)
It is the duty of the responsible local authority to give assistance of a
kind referred to subsection (5) to a person to whom this section applies
to the extent that his educational or training needs require it.
(5)
The kinds of assistance are—
(a)
contributing to expenses incurred by him in living near the
5
place where he is, or will be, receiving education or training; or
(b)
making a grant to enable him to meet expenses connected with
his education and training.
(6)
If a person to whom this section applies pursues a programme of
education or training in accordance with the pathway plan prepared
10
for him, the duties of the local authority under this section (and under
any provision applicable to the pathway plan prepared under this
section for that person) subsist for as long as he continues to pursue that
programme.
(7)
For the purposes of subsection (6), the local authority may disregard
15
any interruption in the person’s pursuance of a programme of
education or training if they are satisfied that he will resume it as soon
as is reasonably practicable.
(8)
Subsections (7) to (9) of section 17 apply to assistance given to a person
under this section as they apply to assistance given to or in respect of a
20
child under that section, but with the omission in subsection (8) of the
words “and of each of his parents”.
(9)
Subsection (5) of section 24B applies to a person to whom this section
applies as it applies to a person to whom subsection (3) of that section
applies.
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(10)
Nothing in this section affects the duty imposed by subsection (5A) of
section 23C to the extent that it subsists in relation to a person to whom
this section applies; but the duty to make a payment under that
subsection may be taken into account in the assessment of the person’s
needs under subsection (3)(a).
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(11)
In this section “the responsible local authority” means, in relation to a
person to whom this section applies, the local authority which had the
duties provided for in section 23C towards him.”
(3)
Section 23E (pathway plans) of the 1989 Act is amended in accordance with
subsections (4) and (5).
35
(4)
In subsection (1)(b) after “23B” insert “or 23CA”.
(5)
After subsection (1) insert—
“(1A)
A local authority may carry out an assessment under section 23B(3) or
23CA(3) of a person’s needs at the same time as any assessment of his
needs is made under—
40
(a)
the Chronically Sick and Disabled Persons Act 1970;
(b)
Part 4 of the Education Act 1996 (in the case of an assessment
under section 23B(3));
(c)
the Disabled Persons (Services, Consultation and
Representation) Act 1986; or
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(d)
any other enactment.

Children and Young Persons Bill [HL]
Part 2 — Functions in relation to children and young persons
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(1B)
The appropriate national authority may by regulations make provision
as to assessments for the purposes of section 23B(3) or 23CA.
(1C)
Regulations under subsection (1B) may in particular make provision
about—
(a)
who is to be consulted in relation to an assessment;
5
(b)
the way in which an assessment is to be carried out, by whom
and when;
(c)
the recording of the results of an assessment;
(d)
the considerations to which a local authority are to have regard
in carrying out an assessment.
10
(1D)
A local authority shall keep each pathway plan prepared by them
under section 23B or 23CA under review.”
(6)
In paragraph 1 of Schedule 3 to the Nationality, Immigration and Asylum Act
2002 (c. 41) (ineligibility for support) in sub-paragraph (1)(g), after “23C,”
insert “23CA,”.
15
23
Extension of entitlements to personal adviser and to assistance in connection
with education or training
(1)
In section 23D(1) of the 1989 Act (power to make provision for personal
advisers for certain young persons)—
(a)
for “twenty-one” substitute “twenty-five”; and
20
(b)
after paragraph (c) insert “; or
“(d)
persons to whom section 23CA applies.”
(2)
In section 24B of that Act (assistance in connection with employment,
education and training), in subsection (3)(a) for “twenty-four” substitute
“twenty-five”.
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Cash payments
24
Extension of power to make payments in cash
In section 17(6) of the 1989 Act (nature of services which may be provided by a
local authority for children in need, their families and others) omit “, in
exceptional circumstances,”.
30
Care breaks
25
Breaks from caring for disabled children
(1)
Paragraph 6 of Schedule 2 to the 1989 Act (provision by local authorities for
disabled children) is amended as follows.
(2)
The existing provision becomes sub-paragraph (1) of that paragraph.
35
(3)
In that sub-paragraph, after paragraph (b) insert “; and
(c)
to assist individuals who provide care for such children to
continue to do so, or to do so more effectively, by giving them
breaks from caring.”