Children Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 1 — Children’s Commissioner
1

A
Bill
To
Make provision for the establishment of a Children’s Commissioner; to make
provision about services provided to and for children and young people by
local authorities and other persons; to make provision in relation to Wales
about advisory and support services relating to family proceedings; to make
provision about private fostering, child minding and day care, adoption
review panels, the making of grants as respects children and families and
about child safety orders.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Children’s Commissioner
1
Establishment of Commissioner
(1)
There is to be an office of Children’s Commissioner.
(2)
Schedule 1 has effect with respect to the Children’s Commissioner.
5
2
General function of Commissioner
(1)
The Children’s Commissioner has, subject to the following provisions of this
Part, the function of promoting awareness of the views and interests of
children in the United Kingdom.
(2)
The Children’s Commissioner may in particular under this section—
10
(a)
encourage persons exercising functions or engaged in activities
affecting children to take account of their views and interests;
(b)
advise the Secretary of State on the views and interests of children;
(c)
consider or research the operation of complaints procedures so far as
relating to children;
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HL Bill 35 53/3

Children Bill [HL]
Part 1 — Children’s Commissioner
2

(d)
consider or research any other matter relating to the interests of
children.
(3)
The Children’s Commissioner is to be concerned in particular under this
section with the views and interests of children so far as relating to the
following aspects of their well-being—
5
(a)
physical and mental health;
(b)
protection from harm and neglect;
(c)
education and training;
(d)
the contribution made by them to society;
(e)
social and economic well-being.
10
(4)
The Children’s Commissioner must take reasonable steps to involve children
in the discharge of his function under this section, and in particular to—
(a)
ensure that children are made aware of his function and how they may
communicate with him;
(b)
consult children, and organisations working with children, on the
15
matters he proposes to consider or research under subsection (2)(c) or
(d).
(5)
The Children’s Commissioner must for the purposes of subsection (4) have
particular regard to groups of children who do not have other adequate means
by which they can make their views known.
20
(6)
The Children’s Commissioner is not under this section to conduct an
investigation of the case of an individual child.
(7)
In considering for the purpose of his function under this section what
constitutes the interests of children (generally or so far as relating to a
particular matter) the Children’s Commissioner may have regard to the United
25
Nations Convention on the Rights of the Child.
(8)
In subsection (7) the reference to the United Nations Convention on the Rights
of the Child is to the Convention on the Rights of the Child adopted by the
General Assembly of the United Nations on 20 November 1989, subject to any
reservations, objections or interpretative declarations by the United Kingdom
30
for the time being in force.
3
Annual report of Commissioner
(1)
As soon as possible after the end of each financial year the Children’s
Commissioner must make a report on—
(a)
the way in which he has discharged his function under section 2 during
35
the year;
(b)
what he has found in the course of exercising that function during the
year; and
(c)
the matters he intends to consider or research during the next financial
year.
40
(2)
The Children’s Commissioner must in particular under subsection (1)(a)
include an account of the steps taken by him under section 2(4).
(3)
Where the Children’s Commissioner makes a report under this section—
(a)
he must send a copy to the Secretary of State; and
(b)
the Secretary of State must lay a copy before each House of Parliament.
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Children Bill [HL]
Part 1 — Children’s Commissioner
3

(4)
The Children’s Commissioner must publish a report made under this section
as soon as possible after the Secretary of State has discharged his function
under subsection (3)(b).
(5)
In this section, “financial year” has the same meaning as in paragraph 8 of
Schedule 1.
5
4
Inquiries held by Commissioner
(1)
Where the Secretary of State considers that the case of an individual child raises
issues of relevance to other children, he may direct the Children’s
Commissioner to hold an inquiry into that case.
(2)
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this
10
section, or any part of it, in private.
(3)
The Children’s Commissioner must, as soon as possible after the completion of
an inquiry under this section, make a report in relation to the inquiry and send
a copy to the Secretary of State.
(4)
The Secretary of State must, subject to subsection (5), publish each report
15
received by him under this section in such manner as he thinks fit.
(5)
Where a report made under this section identifies an individual child and the
Secretary of State considers that it would be undesirable for the identity of the
child to be made public—
(a)
the Secretary of State may amend the report and publish the amended
20
report only; or
(b)
if he considers that it is not possible to publish the report without
identifying the child, he need not publish the report.
(6)
The Secretary of State must lay a copy of each report published by him under
this section before each House of Parliament.
25
(7)
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)
apply for the purposes of an inquiry held under this section in England and
Wales as they apply for the purposes of a local inquiry under that section.
(8)
Subsections (3) to (8) of section 210 of the Local Government (Scotland) Act
1973 (c. 65) apply for the purposes of an inquiry held under this section in
30
Scotland with the substitution (notwithstanding the provisions of section 53 of
the Scotland Act 1998 (c. 46) (general transfer of functions to the Scottish
Ministers)) for references to the Minister of references to the Secretary of State.
(9)
Paragraphs 2 to 8 of Schedule 8 to the Health and Personal Social Services
(Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes
35
of an inquiry held under this section in Northern Ireland with the substitution
for references to the Ministry of references to the Secretary of State.
5
Relationship with other Commissioners
(1)
The Children’s Commissioner is not under section 2 to be concerned with—
(a)
any matter falling within the remit of the Children’s Commissioner for
40
Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14)
in relation to children to whom Part 5 of that Act applies;
(b)
any matter relating to children in Scotland which is not a reserved
matter (within the meaning of the Scotland Act 1998); or

Children Bill [HL]
Part 2 — Children’s services in England
4

(c)
any matter relating to children in Northern Ireland which is a
transferred or reserved matter (within the meaning of the Northern
Ireland Act 1998 (c. 47)).
(2)
In discharging his function under section 2 the Children’s Commissioner
must—
5
(a)
to the extent that the matters with which he is concerned relate to
children in Wales, take account of the views of and any work
undertaken by the Children’s Commissioner for Wales;
(b)
to the extent that such matters relate to children in Scotland, take
account of the views of and any work undertaken by the Commissioner
10
for Children and Young People in Scotland;
(c)
to the extent that such matters relate to children in Northern Ireland,
take account of the views of and any work undertaken by the
Commissioner for Children and Young People for Northern Ireland.
(3)
The Secretary of State may not under section 4 give a direction to the Children’s
15
Commissioner to hold an inquiry where the issues referred to in subsection (1)
of that section relate to a matter referred to subsection (1)(a) to (c) above.
Part 2
Children’s services in England
General
20
6
Co-operation to improve well-being
(1)
Each children’s services authority in England must make arrangements to
promote co-operation between—
(a)
the authority;
(b)
each of the authority’s relevant partners; and
25
(c)
such other persons or bodies as the authority consider appropriate,
being persons or bodies of any nature who exercise functions or are
engaged in activities in relation to children in the authority’s area.
(2)
The arrangements are to be made with a view to improving the well-being of
children in the authority’s area so far as relating to—
30
(a)
physical and mental health;
(b)
protection from harm and neglect;
(c)
education and training;
(d)
the contribution made by them to society;
(e)
social and economic well-being.
35
(3)
For the purposes of this section each of the following is a relevant partner of a
children’s services authority in England—
(a)
where the authority is a county council for an area for which there is
also a district council, the district council;
(b)
the police authority and the chief officer of police for a police area any
40
part of which falls within the area of the children’s services authority;
(c)
a local probation board for an area any part of which falls within the
area of the authority;

Children Bill [HL]
Part 2 — Children’s services in England
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(d)
a Strategic Health Authority and Primary Care Trust for an area any
part of which falls within the area of the authority;
(e)
a person providing services under section 114 of the Learning and Skills
Act 2000 (c. 21) in any part of the area of the authority;
(f)
the Learning and Skills Council for England.
5
(4)
The relevant partners of a children’s services authority in England must co-
operate with the authority in the making of arrangements under this section.
(5)
A children’s services authority in England and any of their relevant partners
may for the purposes of arrangements under this section establish and
maintain a pooled fund.
10
(6)
For the purposes of subsection (5) a pooled fund is a fund—
(a)
which is made up of contributions by the authority and the relevant
partner or partners concerned; and
(b)
out of which payments may be made towards expenditure incurred in
the discharge of functions of the authority and functions of the relevant
15
partner or partners.
(7)
A children’s services authority in England and each of their relevant partners
must in exercising their functions under this section have regard to any
guidance given to them for the purpose by the Secretary of State.
(8)
Arrangements under this section may include arrangements relating to—
20
(a)
persons aged 18 and 19;
(b)
persons over the age of 19 who are receiving services under sections
23C to 24D of the Children Act 1989 (c. 41);
(c)
persons over the age of 19 but under the age of 25 who have a learning
difficulty, within the meaning of section 13 of the Learning and Skills
25
Act 2000, and are receiving services under that Act.
7
Arrangements to safeguard and promote welfare
(1)
This section applies to each of the following—
(a)
a children’s services authority in England;
(b)
a district council which is not such an authority;
30
(c)
a Strategic Health Authority;
(d)
a Primary Care Trust;
(e)
an NHS trust all or most of whose hospitals, establishments and
facilities are situated in England;
(f)
an NHS foundation trust;
35
(g)
the police authority and chief officer of police for a police area in
England;
(h)
a local probation board for an area in England;
(i)
a youth offending team for an area in England;
(j)
the governor of a prison or secure training centre in England (or, in the
40
case of a contracted out prison or secure training centre, its director);
(k)
any person to the extent that he is providing services under section 114
of the Learning and Skills Act 2000.
(2)
Each person and body to whom this section applies must make arrangements
for ensuring that—
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Children Bill [HL]
Part 2 — Children’s services in England
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(a)
their functions are discharged having regard to the need to safeguard
and promote the welfare of children; and
(b)
any services provided by another person pursuant to arrangements
made by the person or body in the discharge of their functions are
provided having regard to that need.
5
(3)
In the case of a children’s services authority in England, the reference in
subsection (2) to functions of the authority does not include functions to which
section 175 of the Education Act 2002 (c. 32) applies.
(4)
Each person and body to whom this section applies must in discharging their
duty under this section have regard to any guidance given to them for the
10
purpose by the Secretary of State.
8
Information sharing
(1)
The Secretary of State may for the purpose of arrangements under section 6 or
7 above or under section 175 of the Education Act 2002—
(a)
by regulations require children’s services authorities in England to
15
establish and operate databases containing information in respect of
persons to whom such arrangements relate; or
(b)
himself establish and operate, or make arrangements for the operation
and establishment of, one or more databases containing such
information.
20
(2)
The Secretary of State may for the purposes of arrangements under subsection
(1)(b) by regulations establish a body corporate to establish and operate one or
more databases.
(3)
The Secretary of State may by regulations make provision in relation to the
establishment and operation of any database or databases under this section.
25
(4)
Regulations under subsection (3) may in particular make provision—
(a)
as to the information which must or may be contained in any database
under this section;
(b)
permitting or requiring the disclosure of information for inclusion in
any such database;
30
(c)
permitting or requiring the disclosure of information included in any
such database;
(d)
permitting or requiring any person to be given access to any such
database for the purpose of adding or reading information;
(e)
in a case where a database is established by virtue of subsection (1)(b),
35
requiring children’s services authorities in England to participate in the
operation of the database.
(5)
The information for which provision may be made under subsection (4)(a)
includes in particular—
(a)
information as to services provided to, or activities carried out in
40
relation to, a person to whom arrangements referred to in subsection (1)
relate;
(b)
information as to the existence of any cause for concern in relation to
such a person.
(6)
The provision which may be made under subsection (4)(b) to (d) includes
45
provision for a person of a description specified in the regulations to determine
what must or may be done under the regulations.

Children Bill [HL]
Part 2 — Children’s services in England
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(7)
Regulations under subsection (3) may also provide that anything which must
or may be done under the regulations must or may be done notwithstanding
any rule of common law which prohibits or restricts the disclosure of
information.
(8)
Any person or body establishing or operating a database under this section
5
must in the establishment or operation of the database have regard to any
guidance, and comply with any direction, given to that person or body by the
Secretary of State.
(9)
Guidance or directions under subsection (8) may in particular relate to—
(a)
the conditions on which access must or may be given to a database
10
under this section;
(b)
the management of any such database;
(c)
the technical specifications for any such database;
(d)
the security of any such database;
(e)
the transfer of information from one database under this section to
15
another.
Local Safeguarding Children Boards
9
Establishment of LSCBs
(1)
Each children’s services authority in England must establish a Local
Safeguarding Children Board for their area.
20
(2)
A Board established under this section must include such representative or
representatives of—
(a)
the authority by which it is established, and
(b)
each Board partner of that authority,

as the Secretary of State may by regulations prescribe.
25
(3)
For the purposes of this section each of the following is a Board partner of a
children’s services authority in England—
(a)
where the authority is a county council for an area for which there is
also a district council, the district council;
(b)
the chief officer of police for a police area any part of which falls within
30
the area of the authority;
(c)
a local probation board for an area any part of which falls within the
area of the authority;
(d)
a Strategic Health Authority and a Primary Care Trust for an area any
part of which falls within the area of the authority;
35
(e)
an NHS trust and an NHS foundation trust all or most of whose
hospitals, establishments and facilities are situated in the area of the
authority;
(f)
a person providing services under section 114 of the Learning and Skills
Act 2000 (c. 21) in any part of the area of the authority;
40
(g)
the Children and Family Court Advisory and Support Service;
(h)
the governor of any secure training centre in the area of the authority
(or, in the case of a contracted out secure training centre, its director);
(i)
the governor of any prison in the area of the authority which ordinarily
detains children (or, in the case of a contracted out prison, its director).
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