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8 | Well-being of children and young persons |
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(1) | It is the general duty of the Secretary of State to promote the well-being of |
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(2) | The general duty imposed by subsection (1) has effect subject to any specific |
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duties imposed on the Secretary of State. |
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(3) | The activities which may be undertaken or supported in the discharge of the |
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general duty imposed by subsection (1) include activities in connection with |
| |
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(4) | The Secretary of State may take such action as the Secretary of State considers |
| 10 |
appropriate to promote the well-being of— |
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(a) | persons who are receiving services under sections 23C to 24D of the |
| |
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(b) | persons under the age of 25 of a prescribed description. |
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(5) | The Secretary of State, in discharging functions under this section, must have |
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regard to the aspects of well-being mentioned in section 10(2)(a) to (e) of the |
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Children Act 2004 (c. 31). |
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“children” means persons under the age of 18; and |
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“prescribed” means prescribed in regulations made by the Secretary of |
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9 | Provision of accommodation and maintenance for children who are looked |
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after by a local authority |
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(1) | For section 23 of the 1989 Act substitute— |
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“22A | Provision of accommodation for children in care |
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When a child is in the care of a local authority, it is their duty to provide |
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the child with accommodation. |
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22B | Maintenance of looked after children |
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It is the duty of a local authority to maintain a child they are looking |
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after in other respects apart from the provision of accommodation. |
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22C | Ways in which looked after children are to be accommodated and |
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(1) | This section applies where a local authority are looking after a child |
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(2) | The local authority must make arrangements for C to live with a person |
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who falls within subsection (3) (but subject to subsection (4)). |
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(3) | A person (“P”) falls within this subsection if— |
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(b) | P is not a parent of C but has parental responsibility for C; or |
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|
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(c) | in a case where C is in the care of the local authority and there |
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was a residence order in force with respect to C immediately |
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before the care order was made, P was a person in whose favour |
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the residence order was made. |
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(4) | Subsection (2) does not require the local authority to make |
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arrangements of the kind mentioned in that subsection if doing so— |
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(a) | would not be consistent with C’s welfare; or |
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(b) | would not be reasonably practicable. |
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(5) | If the local authority are unable to make arrangements under |
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subsection (2), they must place C in the placement which is, in their |
| 10 |
opinion, the most appropriate placement available. |
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(6) | In subsection (5) “placement” means— |
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(a) | placement with an individual who is a relative, friend or other |
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person connected with C and who is also a local authority foster |
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(b) | placement with a local authority foster parent who does not fall |
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(c) | placement in a children’s home in respect of which a person is |
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registered under Part 2 of the Care Standards Act 2000; or |
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(d) | subject to section 22D, placement in accordance with other |
| 20 |
arrangements which comply with any regulations made for the |
| |
purposes of this section. |
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(7) | In determining the most appropriate placement for C, the local |
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authority must, subject to the other provisions of this Part (in particular, |
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to their duties under section 22)— |
| 25 |
(a) | give preference to a placement falling within paragraph (a) of |
| |
subsection (6) over placements falling within the other |
| |
paragraphs of that subsection; |
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(b) | comply, so far as is reasonably practicable in all the |
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circumstances of C’s case, with the requirements of subsection |
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(c) | comply with subsection (9) unless that is not reasonably |
| |
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(8) | The local authority must ensure that the placement is such that— |
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(a) | it allows C to live near C’s home; |
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(b) | it does not disrupt C’s education or training; |
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(c) | if C has a sibling for whom the local authority are also |
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providing accommodation, it enables C and the sibling to live |
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(d) | if C is disabled, the accommodation provided is suitable to C’s |
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(9) | The placement must be such that C is provided with accommodation |
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within the local authority’s area. |
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(10) | The local authority may determine— |
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(a) | the terms of any arrangements they make under subsection (2) |
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in relation to C (including terms as to payment); and |
| |
| |
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|
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(b) | the terms on which they place C with a local authority foster |
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parent (including terms as to payment but subject to any order |
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made under section 49 of the Children Act 2004). |
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(11) | The appropriate national authority may make regulations for, and in |
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connection with, the purposes of this section. |
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(12) | In this Act “local authority foster parent” means a person who is |
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approved as a local authority foster parent in accordance with |
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regulations made by virtue of paragraph 12F of Schedule 2. |
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22D | Review of child’s case before making alternative arrangements for |
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(1) | Where a local authority are providing accommodation for a child (“C”) |
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other than by arrangements under section 22C(6)(d), they must not |
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make such arrangements for C unless they have decided to do so in |
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consequence of a review of C’s case carried out in accordance with |
| |
regulations made under section 26. |
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(2) | But subsection (1) does not prevent a local authority making |
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arrangements for C under section 22C(6)(d) if they are satisfied that in |
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order to safeguard C’s welfare it is necessary— |
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(a) | to make such arrangements; and |
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(b) | to do so as a matter of urgency. |
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22E | Children’s homes provided by appropriate national authority |
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Where a local authority place a child they are looking after in a |
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children’s home provided, equipped and maintained by an |
| |
appropriate national authority under section 82(5), they must do so on |
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such terms as that national authority may from time to time determine. |
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22F | Regulations as to children looked after by local authorities |
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Part 2 of Schedule 2 has effect for the purposes of making further |
| |
provision as to children looked after by local authorities and in |
| |
particular as to the regulations which may be made under section |
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(2) | Schedule 1 (which makes amendments supplementary to, and consequential |
| |
on, the provisions of this section, including a power to make regulations about |
| |
an independent review mechanism for certain decisions in relation to foster |
| |
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10 | General duty of local authority to secure sufficient accommodation |
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After section 22F of the 1989 Act (which is inserted by section 9) insert— |
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“22G | General duty of local authority to secure sufficient accommodation for |
| |
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(1) | It is the general duty of a local authority to take steps that secure, so far |
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as reasonably practicable, the outcome in subsection (2). |
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(2) | The outcome is that the local authority are able to provide the children |
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mentioned in subsection (3) with accommodation that— |
| |
(a) | is within the authority’s area; and |
| |
(b) | meets the needs of those children. |
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|
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(3) | The children referred to in subsection (2) are those— |
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(a) | that the local authority are looking after, |
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(b) | in respect of whom the authority are unable to make |
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arrangements under section 22C(2), and |
| |
(c) | whose circumstances are such that it would be consistent with |
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their welfare for them to be provided with accommodation that |
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is in the authority’s area. |
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(4) | In taking steps to secure the outcome in subsection (2), the local |
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authority must have regard to the benefit of having— |
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(a) | a number of accommodation providers in their area that is, in |
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their opinion, sufficient to secure that outcome; and |
| |
(b) | a range of accommodation in their area capable of meeting |
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different needs that is, in their opinion, sufficient to secure that |
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(5) | In this section “accommodation providers” means— |
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local authority foster parents; and |
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children’s homes in respect of which a person is registered under |
| |
Part 2 of the Care Standards Act 2000.” |
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Independent reviewing officers |
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11 | Independent reviewing officers |
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(1) | After section 25 of the 1989 Act insert— |
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“Independent reviewing officers |
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25A | Appointment of independent reviewing officer |
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(1) | If a local authority are looking after a child, they must appoint an |
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individual as the independent reviewing officer for that child’s case. |
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(2) | The initial appointment under subsection (1) must be made before the |
| |
child’s case is first reviewed in accordance with regulations made |
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(3) | If a vacancy arises in respect of a child’s case, the local authority must |
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make another appointment under subsection (1) as soon as is |
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(4) | An appointee must be of a description prescribed in regulations made |
| |
by the appropriate national authority. |
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25B | Functions of the independent reviewing officer |
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(1) | The independent reviewing officer must— |
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(a) | monitor the performance by the local authority of their |
| |
functions in relation to the child’s case; |
| |
(b) | participate, in accordance with regulations made by the |
| |
appropriate national authority, in any review of the child’s case; |
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(c) | ensure that any ascertained wishes and feelings of the child |
| 40 |
concerning the case are given due consideration by the local |
| |
| |
| |
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|
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(d) | perform any other function which is prescribed in regulations |
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made by the appropriate national authority. |
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(2) | An independent reviewing officer’s functions must be performed— |
| |
(a) | in such manner (if any) as may be prescribed in regulations |
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made by the appropriate national authority; and |
| 5 |
(b) | having regard to such guidance as that authority may issue in |
| |
relation to the discharge of those functions. |
| |
(3) | If the independent reviewing officer considers it appropriate to do so, |
| |
the child’s case may be referred by that officer to— |
| |
(a) | an officer of the Children and Family Court Advisory and |
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(b) | a Welsh family proceedings officer. |
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(4) | If the independent reviewing officer is not an officer of the local |
| |
authority, it is the duty of the authority— |
| |
(a) | to co-operate with that individual; and |
| 15 |
(b) | to take all such reasonable steps as that individual may require |
| |
of them to enable that individual’s functions under this section |
| |
to be performed satisfactorily.” |
| |
(2) | After section 25B of that Act (which is inserted by subsection (1)) insert— |
| |
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(1) | In relation to children whose cases are referred to officers under section |
| |
25B(3), the Lord Chancellor may by regulations— |
| |
(a) | extend any functions of the officers in respect of family |
| |
proceedings (within the meaning of section 12 of the Criminal |
| |
Justice and Court Services Act 2000) to other proceedings; |
| 25 |
(b) | require any functions of the officers to be performed in the |
| |
manner prescribed by the regulations. |
| |
(2) | The power to make regulations in this section is exercisable in relation |
| |
to functions of Welsh family proceedings officers only with the consent |
| |
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(3) | In section 26 of that Act omit— |
| |
| |
(b) | subsections (2A) to (2D). |
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12 | Power to make further provision concerning independent reviewing officers: |
| |
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(1) | The Secretary of State may by order— |
| |
(a) | establish a body corporate to discharge such functions as may be |
| |
conferred on it by the order; or |
| |
(b) | confer functions on the Service. |
| |
(2) | An order under this section may confer functions in relation to England in |
| 40 |
connection with any or all of the following matters (but no others)— |
| |
(a) | the provision of training for persons appointed or to be appointed as |
| |
independent reviewing officers; |
| |
(b) | the accreditation of persons as independent reviewing officers; |
| |
| |
| |
|
| |
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(c) | the appointment of persons as independent reviewing officers; |
| |
(d) | the management of persons appointed or accredited as independent |
| |
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(3) | An order under this section may, in consequence of the conferral of a function |
| |
by the order, modify any provision made by or under an enactment— |
| 5 |
(a) | relating to independent reviewing officers; |
| |
(b) | where the function is conferred on the Service, relating to the Service. |
| |
(4) | An order under this section which establishes a body corporate may provide— |
| |
(a) | that the body is to be subject to inspection by the Chief Inspector and |
| |
may, for that purpose apply, with or without modification, any |
| 10 |
provision of the Education and Inspections Act 2006 (c. 41); |
| |
(b) | that the functions of the body must be performed in accordance with |
| |
directions given by the Secretary of State. |
| |
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“accreditation” means the process by which a person qualifies for, and |
| 15 |
remains qualified for, appointment as an independent reviewing |
| |
| |
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, |
| |
Children’s Services and Skills; |
| |
“the Service” means the Children and Family Court Advisory Support |
| 20 |
| |
13 | Power to make further provision concerning independent reviewing officers: |
| |
| |
(1) | The Welsh Ministers may by order— |
| |
(a) | establish a body corporate to discharge such functions as may be |
| 25 |
conferred on it by the order; or |
| |
(b) | provide for the discharge by them of such functions as may be |
| |
conferred on them by the order. |
| |
(2) | An order under this section may confer functions in relation to Wales in |
| |
connection with any or all of the following matters (but no others)— |
| 30 |
(a) | the provision of training for persons appointed or to be appointed as |
| |
independent reviewing officers; |
| |
(b) | the accreditation of persons as independent reviewing officers; |
| |
(c) | the appointment of persons as independent reviewing officers; |
| |
(d) | the management of persons appointed or accredited as independent |
| 35 |
| |
(3) | An order under this section may, in consequence of the conferral of a function |
| |
by the order, modify any provision made by or under an enactment— |
| |
(a) | relating to independent reviewing officers; |
| |
(b) | where the function is conferred on the Welsh Ministers, relating to |
| 40 |
| |
(4) | An order under this section which establishes a body corporate may provide— |
| |
(a) | that the body is to be subject to inspection by an independent inspector |
| |
specified in or established by the order, and may for that purpose |
| |
apply, with or without modifications, any enactment relating to the |
| 45 |
carrying out of inspections; |
| |
| |
| |
|
| |
| |
(b) | that the functions of the body must be performed in accordance with |
| |
directions given by the Welsh Ministers. |
| |
(5) | In this section “accreditation” has the same meaning as in section 12. |
| |
14 | Orders under sections 12 and 13: supplementary provisions |
| |
(1) | The conferral of any function by an order under section 12 or 13(1)(a) also |
| 5 |
confers on the recipient power to do anything which is incidental or conducive |
| |
to, or designed to facilitate, the discharge of that function. |
| |
(2) | An order under section 12 or 13 may authorise the recipient to charge fees for |
| |
the discharge by it of any function conferred by the order. |
| |
(3) | An order under section 12 or 13 may transfer property, rights and liabilities to |
| 10 |
the recipient (and may also provide that anything which might otherwise |
| |
prevent, penalise or restrict such a transfer is not to do so). |
| |
(4) | Where an order makes provision by virtue of subsection (3) in relation to rights |
| |
and liabilities relating to an employee it must make provision for the Transfer |
| |
of Undertakings (Protection of Employment) Regulations 2006 to apply to that |
| 15 |
| |
(5) | An order under section 12 or 13 may require the recipient to establish a |
| |
procedure for dealing with complaints relating to the discharge by it of its |
| |
| |
(6) | In this section “recipient” means, in relation to a function, the body on which |
| 20 |
the function is conferred by the order in question, and for this purpose “body” |
| |
includes the Welsh Ministers. |
| |
15 | Expiry of powers conferred by sections 12 and 13 |
| |
(1) | If no order has been made under section 12 by the relevant time, that section, |
| |
and section 14 so far as it applies for the purposes of that section, cease to have |
| 25 |
| |
(2) | If no order has been made under section 13 by the relevant time, that section, |
| |
and section 14 so far as it applies for the purposes of that section, cease to have |
| |
| |
(3) | “The relevant time” is the end of the period of 7 years beginning with the day |
| 30 |
on which this Act is passed. |
| |
| |
16 | Duty of local authority to ensure visits to looked after children and others |
| |
After section 23 of the 1989 Act insert— |
| |
| 35 |
23ZA | Duty of local authority to ensure visits to, and contact with, looked |
| |
after children and others |
| |
(1) | This section applies to— |
| |
(a) | a child looked after by a local authority; |
| |
| |
| |
|
