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Explanatory Notes
House of Commons
Session 2007-08
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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
© Parliamentary copyright 2008
Prepared: 27 March 2008