Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 9 — Children’s services
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17A
Children and young people’s plans: implementation
(1)
This section applies where a Children’s Trust Board prepares a children
and young people’s plan in accordance with regulations under section
17.
(2)
The persons and bodies whose strategy for co-operation is set out in the
5
plan must have regard to the plan in exercising their functions.
(3)
The Board must—
(a)
monitor the extent to which the persons and bodies whose
strategy for co-operation is set out in the plan are acting in
accordance with the plan;
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(b)
prepare and publish an annual report about the extent to which,
during the year to which the report relates, those persons and
bodies have acted in accordance with the plan.”
(4)
In section 18(2) (functions of children’s services authority exercisable by
director of children’s services) in paragraph (d) for “and 17” substitute “, 12C,
15
12D and 17A”.
(5)
In section 23(3) (sections 20 to 22: meaning of “children’s services”) in
paragraph (b) for “13” substitute “12B”.
(6)
In section 50(2) of the Children Act 2004 (c. 31) (intervention: relevant
functions) in paragraph (c) for “and 17” substitute “, 12C, 12D and 17A”.
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(7)
In section 66(3) of that Act (regulations and orders subject to affirmative
procedure) after “12” insert “, 12B(1)(b)”.
(8)
In section 47A of the School Standards and Framework Act 1998 (schools
forums)—
(a)
after subsection (3) insert—
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“(3A)
In exercising its functions, a schools forum is to have regard to
any children and young people’s plan prepared by the local
Children’s Trust Board.”;
(b)
after subsection (9) insert—
“(10)
In this section—
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(a)
a “children and young people’s plan” means a plan
published by a Children’s Trust Board under section 17
of the Children Act 2004;
(b)
“the local Children’s Trust Board”, in relation to a
schools forum, is the Children’s Trust Board established
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by arrangements made under section 10 of that Act by
the relevant authority in their capacity as a children’s
services authority within the meaning of that Act.”
(9)
In section 21 of the Education Act 2002 (c. 32)—
(a)
in subsection (9)(a)(i) for “local education authority” substitute
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“relevant Children’s Trust Board”;
(b)
in subsection (9)(a)(ii) for “the local education authority are” substitute
“the relevant Children’s Trust Board is” and for “the authority”
substitute “the local education authority”;

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(c)
after subsection (9) insert—
“(10)
In subsection (9)(a), “the relevant Children’s Trust Board”
means the Children’s Trust Board established by arrangements
made under section 10 of the Children Act 2004 by the local
education authority in their capacity as a children’s services
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authority (within the meaning of that Act).”
Children’s centres
189
Arrangements for children’s centres
In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in
England in relation to children) after section 5 insert—
10
“Children’s centres
5A
Arrangements for provision of children’s centres
(1)
Arrangements made by an English local authority under section 3(2)
must, so far as is reasonably practicable, include arrangements for
sufficient provision of children’s centres to meet local need.
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(2)
“Local need” is the need of parents, prospective parents and young
children in the authority’s area.
(3)
In determining what provision of children’s centres is sufficient to meet
local need, an authority may have regard to any children’s centres—
(a)
that are provided outside the authority’s area, or
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(b)
that the authority expect to be provided outside their area.
(4)
For the purposes of this Part and Part 3A a “children’s centre” is a place,
or a group of places—
(a)
which is managed by or on behalf of, or under arrangements
made with, an English local authority, with a view to securing
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that early childhood services in their area are made available in
an integrated manner,
(b)
through which each of the early childhood services is made
available, and
(c)
at which activities for young children are provided, whether by
30
way of early years provision or otherwise.
(5)
For the purposes of this section, a service is made available—
(a)
by providing the service, or
(b)
by providing advice and assistance to parents and prospective
parents on gaining access to the service.
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(6)
Guidance given under section 3(6) in respect of arrangements made
under section 3(2) by virtue of subsection (1) of this section may, in
particular, relate to—
(a)
circumstances in which any early childhood services should be
made available through children’s centres as mentioned in
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subsection (5)(a);
(b)
circumstances in which any early childhood services should be
made available through children’s centres as mentioned in
subsection (5)(b).

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(7)
A children’s centre provided by virtue of arrangements made by an
English local authority under section 3(2) is to be known as a Sure Start
Children’s Centre.
5B
Children’s centres: staffing, organisation and operation
(1)
Regulations may make provision about the staffing, organisation and
5
operation of children’s centres.
(2)
The regulations may in particular—
(a)
require English local authorities to secure that children’s
centres have governing bodies;
(b)
impose obligations and confer powers on any such governing
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bodies.
5C
Children’s centres: advisory boards
(1)
This section applies where arrangements made by an English local
authority under section 3(2) include arrangements for the provision of
one or more children’s centres.
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(2)
The authority must make arrangements to secure that each of the
children’s centres is within the remit of an advisory board.
(3)
A children’s centre is within the remit of an advisory board if it is
specified in relation to the board by the responsible authority.
(4)
An advisory board must provide advice and assistance for the purpose
20
of ensuring the effective operation of the children’s centres within its
remit.
(5)
An advisory board must include persons representing the interests of—
(a)
each children’s centre within its remit;
(b)
the responsible authority;
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(c)
parents or prospective parents in the responsible authority’s
area.
(6)
An advisory board may also include persons representing the interests
of any other persons or bodies that the responsible authority thinks
appropriate.
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(7)
In exercising their functions under this section, an English local
authority must have regard to any guidance given from time to time by
the Secretary of State.
(8)
The guidance may in particular relate to—
(a)
the membership of advisory boards;
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(b)
the organisation and operation of advisory boards.
(9)
The “responsible authority”, in relation to an advisory board in respect
of which arrangements have been made under subsection (2), is the
authority that made the arrangements.
5D
Children’s centres: consultation
40
(1)
An English local authority must secure that such consultation as they
think appropriate is carried out—
(a)
before making arrangements under section 3(2) for the
provision of a children’s centre;

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(b)
before any significant change is made in the services provided
through a relevant children’s centre;
(c)
before anything is done that would result in a relevant
children’s centre ceasing to be a children’s centre.
(2)
In discharging their duty under this section, an English local authority
5
must have regard to any guidance given from time to time by the
Secretary of State.
(3)
For the purposes of this section a change in the manner in which, or the
location at which, services are provided is to be treated as a change in
the services.
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(4)
A “relevant children’s centre”, in relation to an authority, is a children’s
centre provided by virtue of arrangements made by the authority
under section 3(2).
5E
Duty to consider providing services through a children’s centre
(1)
This section applies where arrangements made by an English local
15
authority under section 3(2) include arrangements for the provision of
one or more children’s centres.
(2)
The authority must consider whether each of the early childhood
services to be provided by them should be provided through any of
those children’s centres.
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(3)
Each relevant partner of the authority must consider whether each of
the early childhood services to be provided by it in the authority’s area
should be provided through any of those children’s centres.
(4)
In discharging their duties under this section, the authority and each
relevant partner must take into account whether providing a service
25
through any of the children’s centres in question would—
(a)
facilitate access to it, or
(b)
maximise its benefit to parents, prospective parents and young
children.
(5)
In discharging their duties under this section, an English local authority
30
and each of their relevant partners must have regard to any guidance
given from time to time by the Secretary of State.
(6)
For the purposes of this section, early childhood services are provided
by a person or body if they are provided on behalf of, or under
arrangements made with, that person or body.
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(7)
For the avoidance of doubt, nothing in this section is to be taken as
preventing an English local authority or any of their relevant partners
from providing early childhood services otherwise than through a
children’s centre.
5F
Children’s centres: transitional provision
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(1)
This section applies if immediately before the commencement date an
English local authority has made arrangements for the provision of a
children’s centre.

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(2)
To the extent that this would not otherwise be the case, the
arrangements are to be treated for the purposes of this Part and Part 3A
as made under section 3(2).
(3)
“The commencement date” is the day on which section 189 of the
Apprenticeships, Skills, Children and Learning Act 2009 comes into
5
force.
5G
Children’s centres: interpretation
In sections 5A to 5F—
“children’s centre” has the meaning given by section 5A(4);
“early childhood services” has the same meaning as in section 3;
10
“parent” and “prospective parent” have the same meaning as in
section 2;
“relevant partner” has the same meaning as in section 4.”
190
Inspection of children’s centres
After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of
15
childcare in England) insert—
“Part 3A
Inspection of children’s centres
98A
Inspections
(1)
The Chief Inspector must—
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(a)
inspect a children’s centre at such intervals as may be
prescribed;
(b)
inspect a children’s centre at any time when the Secretary of
State requires the Chief Inspector to secure its inspection.
(2)
The Chief Inspector may inspect a children’s centre at any other time
25
when the Chief Inspector considers that it would be appropriate for it
to be inspected.
(3)
Regulations may provide that in prescribed circumstances the Chief
Inspector is not required to inspect a children’s centre at an interval
prescribed for the purposes of subsection (1)(a).
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(4)
A requirement made by the Secretary of State as mentioned in
subsection (1)(b) may be imposed in relation to—
(a)
children’s centres generally;
(b)
a class of children’s centres;
(c)
a particular children’s centre.
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(5)
For the purposes of subsection (4)(b) a class of children’s centres may
be described, in particular, by reference to a geographical area.
(6)
If the Chief Inspector so elects in the case of an inspection falling within
subsection (1)(b) or (2), that inspection is to be treated as if it were an
inspection falling within subsection (1)(a).
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