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Index to Children and Young Persons Bill [HL]


 
INTRODUCTION

COMMENTARY ON CLAUSES

Part 1 - Delivery of Social Work Services for Children and Young Persons (Clauses 1 to 6)

Clause 1: Power to enter into arrangements for discharge of care functions

Clause 2: Restrictions on arrangements under section 1

Clause 3: Effect of arrangements under section 1

Clause 5: Functions under this Part to be social services functions

Clause 6: Piloting and expiry of arrangements under this Part

Part 2 - Functions in Relation to Children and Young Persons

Welfare for child immigrants

Clause 7: Border and Immigration Agency: welfare of children

Well-being

Clause 8: General duty of the Secretary of State to promote the well-being of children in England

Accommodation

Independent Reviewing Officers (IROs)

Clause 11: Independent Reviewing Officers

Clause 12: Power to make further provisions concerning independent reviewing officers: England 68.     Clause 12(1) enables the Secretary of State by order either to:

Clause 13: Power to make further provisions concerning independent reviewing: Wales

Clause 14: Orders under sections 12 and 13: supplementary provisions

Clause 15: Expiry of powers conferred by sections 12 and 13

Visiting

Clause 16: Duty of local authority to ensure visits to looked after children and others

Clause 17: Independent visitors for children looked after by local authority

Clause 18 and 19 - Notification of, and visits to, children in long term care

Clause 20: Designated member of staff at school for pupils looked after by a local authority

Clause 21: Entitlement to payment in respect of higher education

Clause 22: Assistance to pursue education or training

Clause 23: Extension of entitlements to personal adviser and to assistance in connection with education or training

Cash payments

Clause 24: Extension of power to make payments in cash

Care breaks

Clause 25: Breaks from caring for disabled children

Enforcement of care standards (Clauses 26 to 29)

Clause 26: Power of Chief Inspector where person is failing to comply with requirement relating to children's homes etc.

Clause 27: Notice restricting accommodation at certain establishments

Clause 28: Appeals etc. in relation to notices under section 22B of the Care Standards Act 2000

Clause 29: Notification of matters relating to persons carrying on children's homes etc

Clause 30: Removal of restriction on hearing of application for discharge of emergency protection order

Information and research (Clauses 31 to 33)

Clause 31: Supply of information concerning the death of children to Local Safeguarding Children Boards

Clause 32: Power of Registrar General to supply information to national authorities

Clause 33: Research etc. into matters connected with certain statutory functions

Part 3 -Adoption and Fostering

Clause 34: Independent review of determination relating to adoption

Clause 35: Extension of period allowed for making regulations under section 45 or 46 of the Children Act 2004

Part 4 - Orders under Part 2 of the 1989 Act

Residence orders

Clause 36: Entitlement of relative to apply for a residence order

Clause 37: Duration of residence orders

Special guardianship orders

Clause 38: Entitlement of relative to apply for a special guardianship order

Part 5 - Supplementary, General and Final Provisions (Clauses 39 to 45)

Supplementary

Clause 39 and Schedule 2: Minor and supplementary amendments to the 1989 Act

General

Clause 40: Orders, regulations and guidance

Clause 42 and Schedule 3: Repeals

FINANCIAL EFFECTS OF THE BILL

EFFECTS OF THE BILL ON PUBLIC SECTOR MANPOWER

SUMMARY OF THE IMPACT ASSESSMENT

EUROPEAN CONVENTION ON HUMAN RIGHTS

Part 1 - Delivery of Social Work Services for Children and Young Persons

Clauses 27 and 28: Power to service notice restricting accommodation at certain establishments and appeals in relation to these notices

Clause 30: Removal of restriction on hearing of application for discharge of emergency protection order

Schedule 2: Independent review of determinations relating to local authority foster parents

COMMENCEMENT

ANNEX A: GLOSSARY OF TERMS

Care leavers

Children in Care/Looked After Children

CAFCASS - Children and Family Court Advisory and Support Service

Director of Children's Services (DCS)

Foster care

Independent Reviewing Officer (IROs)

Local Safeguarding Children Boards (LSCBs)

National Minimum Standards

Out of authority placement

Parental responsibility

Personal Adviser (PA)

Placement

Primary Care Trust

Relative

Special guardianship

 
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Prepared: 27 March 2008