APPENDIX 2: CHILDREN AND YOUNG PERSONS
BILL [HL] — GOVERNMENT AMENDMENTS
Supplementary memorandum by the Department for
Children, Schools and Families
1. This supplementary memorandum is to accompany
the tabling of a small number of minor Government amendments to
the Children and Young Persons Bill ahead of Report stage. The
amendments are attached at Annex A (Not printed).
2. Amendments 1, 3 and 5 are consequential to
those which were included in the supplementary memorandum to the
committee of the 8 February, the substitution of new sections
22A-22F for section 23 of the Children Act 1989 by clause 8 of
the Bill, and the new sections 25A and 25B inserted by clause
9 of the Bill.
3. The opportunity has also been taken to change
the references to the Secretary of State to reflect the devolution
settlement (amendments 2 and 4). This is in line with the similar
amendments to Part 3 of the Children Act 1989 made by this Bill,
and makes it clear where powers are now exercised by Welsh Ministers
in relation to Wales rather than by the Secretary of State.
Section 59 Amendments
Powers conferred on: Secretary of State and Welsh
Ministers
Powers exercised by: Regulations made by Statutory
Instrument
Parliamentary procedure: Negative
4. Section 59 of the Children Act 1989 sets out
the duties to which voluntary organisations are subject when providing
accommodation for looked after children. It contains a number
of regulation making powers which are framed with reference to
(with any necessary modifications) the powers in section 23 (which
concerns the way in which local authorities provide accommodation
for looked after children).
5. Amendment 1 (6) inserts new subsection (3A)
in section 59, replicating the effect of the existing provisions
section 59 (2) and (3) (amended by amendment 1 (4) and (5)) by
changing the references to the relevant new paragraphs (12B, 12E
and 12F) of Schedule 2, which provide more detail regarding the
ambit of the regulation-making powers under new section 22C
(by virtue of new section 22F). These replicate the powers
under which the Arrangements for Placement of Children (General)
Regulations 1991, (SI 1991/890), the Fostering Services Regulations
2002, (SI 2002/57)) were made in relation to placements made either
by local authorities or by voluntary organisations.
6. Existing section 59 (4) and (5) provide for
regulations to be made relating to the review of the cases of
children placed by voluntary organisations, and consideration
of representations (including complaints), and provides that this
can in include, with any necessary modifications, any provision
which is similar to that made under section 26 of the Children
Act 1989.
7. Currently all local authorities are required
by regulations made under section 26 (1) and (2) of the Children
Act 1989[1]
to carry out regular reviews of the cases of looked after children.
In addition under section 26(2) (k) they must appoint an IRO to:
- participate in the review;
- monitor the performance of the authority's functions
in respect of the review; and
- refer the child's case to a CAFCASS officer (or,
in Wales, a Welsh family proceedings officer) if they consider
it appropriate to do so.
8. The Bill through Clause 9 replaces section
26 (2) (k) and (2A) to (2D) of the Children Act 1989 with new
sections 25A to 25C and builds on these requirements relating
to the appointment of IROs and their functions. The extract from
the original memorandum which covered the delegated powers for
this clause (clause 11 on introduction) is included as Annex B
for convenience.
9. These changes ensure that the Secretary of
State can continue to require voluntary organisations to appoint
Independent Reviewing Officers for children they place (currently
addressed through the Review of Children Cases Regulations 1991)
by providing for new sections 25A and 25B to be applied with appropriate
modifications by new subsection 5A (a) of section 59. The Department
recognises that this is a Henry VIII power, but given the limited
scope of the sections and the fact that it broadly replicates
existing powers the Department believes that is appropriate for
this to be subject to the negative procedure.
10. New subsection (5A) (b) provides for a regulation
making power that is similar to the existing subsection (5) with
the additional references to 25A and 25B to cover the Independent
Reviewing Officer functions, to allow for similar provision to
be made in regulations as now with respect to Independent Reviewing
Officers appointed by voluntary organisations (the requirement
to appoint being made via new subsection (5A) (a) described above).
The Department considers that it is appropriate for exercise of
these powers, which concern the detailed matters similar to existing
provisions, to be subject to the negative procedure.
11. Finally, the Department apologies for the
slight delay in the submitting of this memorandum to the committee,
and hope that it has caused the minimum inconvenience for the
committee.
Department for Children, Schools and Families
March 2008
1 The Review of Children's Cases Regulations 1991 (SI1991/895)
in relation to England, as amended and the Review of Children's
Cases (Wales) Regulations 2007 (SI2007/307) in relation to Wales Back
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