Children, Schools and Families Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Children, Schools and Families Bill

Children, Schools and Families Bill
Part 1 — Children and schools
27

30
Review by Chief Inspector of performance of LSCBs in England
After section 15 of CA 2004 (funding of LSCBs in England) there is inserted—
“15A
Review of LSCBs’ performance of functions
(1)
The Secretary of State may by regulations make provision for the Chief
Inspector to conduct a review of the performance of specified functions
5
by a Local Safeguarding Children Board established under section 13.
(2)
The regulations may allow or require the Chief Inspector to conduct a
review, or may require the Chief Inspector to do so in specified
circumstances.
(3)
They may in particular make provision—
10
(a)
about reports to be made on completion of a review;
(b)
requiring or facilitating the sharing or production of
information for the purposes of a review.
(4)
In this section—
“the Chief Inspector” means Her Majesty’s Chief Inspector of
15
Education, Children’s Services and Skills;
“specified” means specified in regulations under this section.”
Youth justice
31
Supervision of youth offending teams etc
(1)
The Crime and Disorder Act 1998 is amended as follows.
20
(2)
In section 41 (the Youth Justice Board), after subsection (9) there is inserted—
“(9A)
A youth offending team shall co-operate with the Board in such
manner as the Board may require for the purpose of enabling
the Board to assess the team’s performance in exercising its
functions.”
25
(3)
In section 42 (supplementary provisions)—
(a)
after subsection (2) there is inserted—
“(2A)
In carrying out any of their duties under those provisions and
in carrying out any other function in relation to the youth justice
system or the provision of youth justice services—
30
(a)
a local authority shall comply with any directions, and
act in accordance with any guidance, given to them by
the Secretary of State;
(b)
a youth offending team shall comply with any
directions given to it by the Secretary of State and have
35
regard to any recommendations made to it by the Board.

Before giving a direction under this subsection to a local
authority in Wales or to a youth offending team established by
a local authority in Wales, the Secretary of State shall consult the
Welsh Ministers.”;
40
(b)
in subsection (3), the words “a local authority,” are omitted.

Children, Schools and Families Bill
Part 2 — Family proceedings
28

Part 2
Family proceedings
32
Restriction on publication of information relating to family proceedings
(1)
This section applies in relation to any relevant family proceedings at which the
public are not (or, in the case of proceedings which have already taken place,
5
were not) entitled to be present.
(2)
The publication of information relating to the proceedings is a contempt of
court committed by the publisher unless the publication of the information is—
(a)
an authorised publication of the text, or a summary, of the whole or
part of an order made or judgment given by the court in the
10
proceedings (see section 33),
(b)
an authorised news publication (see section 34), or
(c)
authorised by rules of court.
(3)
“Family proceedings” means family proceedings within the meaning of —
(a)
section 65 of the Magistrates’ Courts Act 1980, or
15
(b)
section 32 of the Matrimonial and Family Proceedings Act 1984.
(4)
Where proceedings are family proceedings at the time they are commenced
and, but for this subsection, would later cease to be family proceedings, for the
purposes of this section they continue to be family proceedings.
(5)
“Relevant family proceedings” means family proceedings other than—
20
(a)
matrimonial causes and matters;
(b)
applications under Part 3 of the Family Law Act 1986 (declarations of
status);
(c)
applications under section 27 of the Matrimonial Causes Act 1973
(financial provision where failure to maintain);
25
(d)
civil partnership causes and matters;
(e)
applications under section 58 of the Civil Partnership Act 2004
(declarations relating to civil partnerships);
(f)
applications under Part 9 of Schedule 5 to that Act (financial provision
where failure to maintain);
30
(g)
causes and matters relating to non-contentious or common form
probate business (within the meaning of section 128 of the Senior
Courts Act 1981).
(6)
The Lord Chancellor may, by order made by statutory instrument, amend the
definition of “relevant family proceedings” in subsection (5).
35
(7)
An order under subsection (6) may make transitional provision or savings.
(8)
A statutory instrument containing an order under subsection (6) is subject to
annulment in pursuance of a resolution of either House of Parliament.
33
Authorised publication of court orders and judgments
(1)
A publication of the text, or a summary, of the whole or part of an order made
40
by a court in the proceedings is an authorised publication—

Children, Schools and Families Bill
Part 2 — Family proceedings
29

(a)
in the case of adoption proceedings or parental order proceedings, to
the extent that the publication of the text or summary is permitted by
the court for the purposes of this section, and
(b)
in the case of any other proceedings, to the extent that the publication
of the text or summary is not prohibited by, and does not breach any
5
restriction imposed by, the court for the purposes of this section.
(2)
A publication of the text, or a summary, of the whole or part of a judgment
given by a court in the proceedings is an authorised publication to the extent
that the publication of the text or summary is permitted by the court for the
purposes of this section.
10
(3)
The court may permit, prohibit or restrict publication for the purposes of this
section on its own initiative or on the application of any interested person.
(4)
The court may permit publication for the purposes of this section subject to
conditions specified by the court.
(5)
In this section—
15
“adoption proceedings” means proceedings under the Adoption and
Children Act 2002 (other than proceedings on an application for a
placement order under section 22 of that Act);
“parental order proceedings” means proceedings for parental orders
under section 30 of the Human Fertilisation and Embryology Act 1990
20
or section 54 of the Human Fertilisation and Embryology Act 2008.
34
Authorised news publications
(1)
A publication of information is an authorised news publication if the following
conditions are met.
(2)
Condition 1 is that the information was obtained by an accredited news
25
representative by observing or listening to the proceedings when attending
them in exercise of a right conferred on accredited news representatives by
rules of court.
(3)
Condition 2 is that the publisher of the information—
(a)
is the accredited news representative,
30
(b)
publishes the information with the consent of, or pursuant to a contract
or other agreement entered into with, that representative, or
(c)
has obtained the information from a publication of information which
is an authorised news publication.
(4)
Condition 3 is that —
35
(a)
the information is not—
(i)
identification information relating to an individual involved in
the proceedings,
(ii)
identification information relating to any other individual
referred to in the proceedings,
40
(iii)
sensitive personal information relating to the proceedings, or
(iv)
restricted adoption information or restricted parental order
information,
(b)
the information is information within paragraphs (i) to (iv) of
paragraph (a) and the publication is permitted by the court for the
45
purposes of this Condition, or

Children, Schools and Families Bill
Part 2 — Family proceedings
30

(c)
the information is identification information relating to an individual
involved in the proceedings (but not restricted adoption information or
restricted parental information) and the individual is a professional
witness in the proceedings.
(5)
Condition 4 is that if the publication is—
5
(a)
a publication of the text, or a summary, of an order made by a court in
adoption proceedings or parental order proceedings, or
(b)
a publication of the text, or a summary, of a judgment given by a court
in relevant family proceedings,

the publication is permitted by the court for the purposes of section 33.
10
(6)
Condition 5 is that the publication is not prohibited by, and does not breach
any restriction imposed by, the court for the purposes of this condition or
section 33.
(7)
The court may permit the publication of information for the purposes of
Condition 3 or prohibit or restrict the publication of information for the
15
purposes of Condition 5 on its own initiative or on the application of any
interested person.
35
Permitting publication for purposes of section 34: general
(1)
This section applies where the court is determining whether to permit the
publication of information for the purposes of Condition 3 in section 34 (except
20
where section 36 applies).
(2)
The court may not permit the publication of the information unless it is
satisfied of one or more of the following matters.
(3)
The matters are—
(a)
that it is in the public interest to give the permission;
25
(b)
that it is appropriate to give the permission so as to avoid injustice to a
person involved in, referred to in or otherwise connected with the
proceedings;
(c)
that it is necessary to give the permission in the interests of the welfare
of a child or vulnerable adult involved in, referred to in or otherwise
30
connected with the proceedings;
(d)
that an application for permission has been made by a party to the
proceedings, or on behalf of a child who is the subject of the
proceedings, and granting the permission is appropriate in all the
circumstances.
35
(4)
The court must have regard to any risk which publication of the information
would pose to the safety or welfare of any individual involved in, referred to
in or otherwise connected with the proceedings.
(5)
The court may permit the publication subject to conditions specified by the
court.
40
36
Permitting publication for purposes of section 34: adoption etc
(1)
This section applies where the court is determining whether to permit the
publication of restricted adoption information or restricted parental order
information for the purposes of Condition 3 in section 34.

Children, Schools and Families Bill
Part 2 — Family proceedings
31

(2)
“Restricted adoption information” means information the publication of which
is likely to lead one or more persons—
(a)
to identify a person as—
(i)
a prospective adopter of a child,
(ii)
a person who has adopted a child, or
5
(iii)
a person who has been, or may be, adopted, or
(b)
to identify the whereabouts of a person identified as a person within
sub-paragraph (i), (ii) or (iii) of paragraph (a).
(3)
“Restricted parental order information” means information the publication of
which is likely to lead one or more persons—
10
(a)
to identify a person as—
(i)
a person who has applied for a parental order,
(ii)
a person in respect of whom a parental order has been made, or
(iii)
a child in relation to whom a parental order has been, or may be,
made, or
15
(b)
to identify the whereabouts of a person identified as a person within
sub-paragraph (i), (ii) or (iii) of paragraph (a).
(4)
If the person who has been or may be adopted or in relation to whom a parental
order has been or may be made (“the affected person”)—
(a)
is a child,
20
(b)
lacks capacity to consent to the publication, or
(c)
cannot be found,

the court may not permit the publication of the information unless it is satisfied
that publication of the information would not prejudice the safety or welfare of
the affected person.
25
(5)
In any other case where the affected person is alive, the court may not permit
the publication except with the consent of the affected person.
(6)
The court must have regard to whether consent to the publication has been
given by—
(a)
in the case of restricted adoption information, any prospective adopter
30
of, or person who has adopted, the child in question, and
(b)
in the case of restricted parental order information, any person who
applied for the parental order or in respect of whom the parental order
has been made.
(7)
The court must have regard to any risk which publication of the information
35
would pose to the safety or welfare of any individual involved in, referred to
in or otherwise connected with the proceedings.
(8)
The court may permit the publication subject to conditions specified by the
court.
(9)
For the purposes of this section—
40
“adoption” means adoption under the Adoption Act 1976 or the Adoption
and Children Act 2002 (and related terms are to be construed
accordingly);
“parental order” means a parental order under section 30 of the Human
Fertilisation and Embryology Act 1990 or section 54 of the Human
45
Fertilisation and Embryology Act 2008.