Children Act 2004
There is to be an office of Children’s Commissioner.
Schedule 1 has effect with respect to the Children’s Commissioner.
The Children's Commissioner's primary function is promoting and protecting the rights of children in England.
The primary function includes promoting awareness of the views and interests of children in England.
encourage persons exercising functions or engaged in activities affecting children to take account of their views and interests;
advise the Secretary of State on the views and interests of children;
consider or research the operation of complaints procedures so far as relating to children;
consider or research any other matter relating to the interests of children;
publish a report on any matter considered or researched by him under this section.
In the discharge of the primary function the Children's Commissioner may, in particular—
advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children;
encourage such persons to take account of the views and interests of children;
advise the Secretary of State on the rights, views and interests of children;
consider the potential effect on the rights of children of government policy proposals and government proposals for legislation;
bring any matter to the attention of either House of Parliament;
investigate the availability and effectiveness of complaints procedures so far as relating to children;
investigate the availability and effectiveness of advocacy services for children;
investigate any other matter relating to the rights or interests of children;
monitor the implementation in England of the United Nations Convention on the Rights of the Child;
publish a report on any matter considered or investigated under this section.
In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed.
ensure that children are made aware of his function and how they may communicate with him; and
consult children, and organisations working with children, on the matters he proposes to consider or research under subsection (2)(c) or (d).
The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function.
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.
The Children’s Commissioner is not under this section to conduct an investigation of the case of an individual child.
The Children’s Commissioner or a person authorised by him may for the purposes of his function under this section at any reasonable time—
enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and
if the child consents, interview the child in private.
Any person exercising functions under any enactment must supply the Children’s Commissioner with such information in that person’s possession relating to those functions as the Children’s Commissioner may reasonably request for the purposes of his function under this section (provided that the information is information which that person may, apart from this subsection, lawfully disclose to him).
Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions under any enactment, he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.
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 must have regard to the United Nations Convention on the Rights of the Child.
In subsection (11) 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 20th November 1989, subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
Where the Children’s Commissioner considers that the case of an individual child in England raises issues of public policy of relevance to other children, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.
The Children’s Commissioner may only conduct an inquiry under this section if he is satisfied that the inquiry would not duplicate work that is the function of another person (having consulted such persons as he considers appropriate).
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The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private.
As soon as possible after completing an inquiry under this section the Children’s Commissioner must—
publish a report containing his recommendations; and
send a copy to the Secretary of State.
The report need not identify any individual child if the Children’s Commissioner considers that it would be undesirable for the identity of the child to be made public.
Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions of a public nature, he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.
Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) apply for the purposes of an inquiry held under this section with the substitution for references to the person appointed to hold the inquiry of references to the Children’s Commissioner.
The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter).
The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force.
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Where the Secretary of State considers that the case of an individual child in England raises issues of relevance to other children, he may direct the Children’s Commissioner to hold an inquiry into that case.
The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private.
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.
The Secretary of State must, subject to subsection (5), publish each report received by him under this section as soon as possible.
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—
the Secretary of State may make such amendments to the report as are necessary to protect the identity of the child and publish the amended report only; or
if he considers that it is not possible to publish the report without identifying the child, he need not publish the report.
The Secretary of State must lay a copy of each report published by him under this section before each House of Parliament.
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.
The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function.
The Commissioner must in particular take reasonable steps to—
ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and
consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function.
The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.
The Children’s Commissioner has the function of promoting and protecting the rights of children in Wales, except in so far as relating to any matter falling within the remit of the Children’s Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14).
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.
The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.
In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Children’s Commissioner for Wales.
Where the Children’s Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.
For the purposes of subsection (2)—
section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000, ” ,
sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,
section 2E(1) has effect as if “and the function under section 2D” were omitted, and
section 2F(1) has effect as if “or the function under section 2D” were omitted.
Subsections (2) to (8) of section 3 apply in relation to an inquiry under subsection (4) above.
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This section applies where the Children's Commissioner publishes a report in the discharge of the primary function.
The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children).
Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.
The Children’s Commissioner has the function of promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters.
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.
The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.
In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.
Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.
For the purposes of subsection (2)—
section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ”,
sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,
section 2E(1) has effect as if “and the function under section 2D” were omitted, and
section 2F(1) has effect as if “or the function under section 2D” were omitted.
Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.
Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.
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In this section, “reserved matter” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).
The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care).
The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is—
providing the child with accommodation or services, or
otherwise exercising functions in relation to the child.
The Children’s Commissioner has the function of promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters.
Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.
The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.
In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People for Northern Ireland.
Where the Children’s Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.
For the purposes of subsection (2)—
section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ”,
sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,
section 2E(1) has effect as if “and the function under section 2D” were omitted, and
section 2F(1) has effect as if “or the function under section 2D” were omitted.
Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.
Paragraphs 2 to 5 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 of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.
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In this section, “excepted matter” has the same meaning as in the Northern Ireland Act 1998 (c. 47).
This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D.
The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling—
for the purpose of interviewing a child, or
for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there.
An interview of a child under subsection (2)(a) may be conducted in private, if the child consents.
A person who enters premises under subsection (1) may interview any person present on the premises who works there.
It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment.
As soon as possible after the end of each financial year the Children’s Commissioner must make a report on—
the way in which he has discharged his functions ...; and
what he has found in the course of exercising those functions during the year; . . .
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The Children’s Commissioner must in particular under subsection (1)(a) include—
Where the Children’s Commissioner makes a report under this section—
he must send a copy to the Secretary of State; and
the Commissioner must as soon as possible lay a copy before each House of Parliament.
a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children,
The Children’s Commissioner must publish a report under this section as soon as possible after laying it before each House of Parliament.
an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care),
If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children.
an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and
In this section, “financial year” has the same meaning as in paragraph 8 of Schedule 1.
a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions.
Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D.
The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner.
This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A).
For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18—
a person aged 18 or over for whom an EHC plan is maintained by a local authority,
a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or
a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16.
For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25—
physical and mental health and emotional well-being;
for the purposes of the Children Act 1989 (c. 41), he is looked after by a local authority in England and Wales;
In section 79G(1), for “an annual fee” substitute “ a fee ”. In Schedule 9A—
In Schedule 9A, after paragraph 2 insert—
a local authority in England;
social and economic well-being;
The Children’s Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions. In particular he may—
The Secretary of State may make payments to the Children’s Commissioner of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.
For the purposes of the law of defamation—
any statement made by the Children’s Commissioner in a report published under this Part has absolute privilege; and
any other statement made by the Children’s Commissioner or a member of his staff for the purposes of this Part has qualified privilege.
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The Crime and Disorder Act 1998 is amended as follows. In section 8 (responsible officers in relation to parenting orders), in subsection (8)(bb), after “nominated by” insert “ a person appointed as director of children’s services under section 18 of the Children Act 2004 or by ”. In section 39 (youth offending teams), in subsection (5)—
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“serious child safeguarding cases” means cases in which—
“ local authority ” means—
The Children Act 1989 is amended as follows.
In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
In section 16 (family assistance orders), in subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
Section 26 (review of cases etc) is amended as follows. In subsection (2A)(c) after “Service” insert “ or a Welsh family proceedings officer ”. After subsection (2C) insert—
Section 41 (representation of child) is amended as follows. In subsection (1), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”. In subsections (2) and (4)(a), after “officer of the Service” insert “ or Welsh family proceedings officer ”. In subsection (10)— In subsection (11), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
In section 42 (rights of officers of the Service), in subsections (1) and (2), after “an officer of the Service” insert “ or Welsh family proceedings officer ”.
“Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.
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In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after “officer of the Service” insert “ or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.
“local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;
who has a learning disability,
who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or
to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16.
For the purposes of this section—
The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions.
The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions.
The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board.
The Children's Commissioner must publish a business plan which sets out, in relation to the discharge of the Commissioner's functions—
the Commissioner's proposed main activities for the period covered by the plan (including the matters he or she intends to consider or investigate), and
the Commissioner's proposed strategic priorities for that period.
A business plan must cover a period of at least 12 months beginning with the date of publication.
The Commissioner must publish a new business plan before the end of the period covered by the preceding business plan.
Before publishing a business plan under this section, the Children's Commissioner must—
take reasonable steps to consult children,
consult persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions, and
consult such other persons as the Commissioner thinks appropriate.
The Children's Commissioner must for the purposes of subsection (4)(a) have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known.
For the purposes of this Part, a child is within this section if he or she is within any of subsections (2) to (5).
A child is within this subsection if he or she is provided with accommodation by a school or college in England to which section 87(1) of the Children Act 1989 applies.
A child is within this subsection if he or she is accommodated in an establishment (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.
A child is within this subsection if functions are being exercised in relation to him or her by an agency (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act.
A child is within this subsection if a local authority in England exercises social services functions (within the meaning of the Local Authority Social Services Act 1970) in relation to him or her.
For the purposes of this Part, a person who is not a child is to be treated as a child who is within this section if—
he or she is aged 18 or over and under 25, and
a local authority in England has provided services to him or her under any of sections 23C to 24D of the Children Act 1989 at any time after he or she reached the age of 16.
Each local authority in England must make arrangements to promote co-operation between—
the authority;
each of the authority’s relevant partners; and
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.
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—
physical and mental health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being.
In making arrangements under this section a local authority in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children.
For the purposes of this section each of the following is a relevant partner of a local authority in England—
where the authority is a county council for an area for which there is also a district council, the district council;
the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;
a local probation board for an area any part of which falls within the area of the authority;
a youth offending team for an area any part of which falls within the area of the authority;
the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;
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any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;
a person providing services in pursuance of section 68 of the Education and Skills Act 2008 in any part of the area of the authority;
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NHS England;
any integrated care board for an area any part of which falls within the area of the authority;
the governing body of a maintained school that is maintained by the authority . . . ;
the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;
the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;
the governing body of an institution within the further education sector the main site of which is situated in the authority's area;
the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.
The relevant partners of a local authority in England must co-operate with the authority in the making of arrangements under this section.
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provide staff, goods, services, accommodation or other resources;
establish and maintain a pooled fund.
For the purposes of arrangements under this section a relevant person or body may—
provide staff, goods, services, accommodation or other resources to another relevant person or body;
make contributions to a fund out of which relevant payments may be made.
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which is made up of contributions by the authority and the relevant partner or partners concerned; and
out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.
A local 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.
Arrangements under this section may include arrangements relating to—
persons aged 18 and 19;
persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989 (c. 41);
persons over the age of 19 but under the age of 25—
for whom an EHC plan is maintained, or
who have a learning difficulty or disability, within the meaning of section 15ZA(6) and (7) of the Education Act 1996, and are receiving services under section 15ZA of the Education Act 1996 or section . . . 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009
In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a local authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.
In this section—
“ governing body ”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;
care;
“ institution within the further education sector ” has the meaning given by section 4(3) of the Education Act 1996;
“ proprietor ”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;
“ education functions ” has the meaning given by section 579(1) of the Education Act 1996;
The Secretary of State may, in accordance with regulations, set safeguarding targets for a local authority in England.
The regulations may, in particular—
make provision about matters by reference to which safeguarding targets may, or must, be set;
make provision about periods to which safeguarding targets may, or must, relate;
make provision about the procedure for setting safeguarding targets;
specify requirements with which a local authority in England must comply in connection with the setting of safeguarding targets.
In exercising their functions, a local authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met.
“Safeguarding targets”, in relation to a local authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.
This section applies to each of the following—
a local authority in England;
a district council which is not such an authority;
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NHS England;
a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section;
an integrated care board;
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an NHS trust all or most of whose hospitals, establishments and facilities are situated in England;
an NHS foundation trust;
the local policing body and chief officer of police for a police area in England;
the British Transport Police Authority, so far as exercising functions in relation to England;
a local probation board for an area in England;
a youth offending team for an area in England;
the governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director);
the National Crime Agency;
any person to the extent that he is providing services in pursuance of section 74 of the Education and Skills Act 2008.
the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;
the principal of a secure college in England;
Each person and body to whom this section applies must make arrangements for ensuring that—
their functions are discharged having regard to the need to safeguard and promote the welfare of children; and
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.
In the case of a local 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.
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 purpose by the Secretary of State.
The Secretary of State may for the purpose of arrangements under section 10 or 11 above or under section 175 of the Education Act 2002—
by regulations require local authorities in England to establish and operate databases containing information in respect of persons to whom such arrangements relate;
himself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.
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.
A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.
The information referred to in subsection (3) is information of the following descriptions in relation to a person—
his name, address, gender and date of birth;
a number identifying him;
the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;
details of any education being received by him (including the name and contact details of any educational institution attended by him);
the name and contact details of any person providing primary medical services in relation to him under the National Health Service Act 2006;
the name and contact details of any person providing to him services of such description as the Secretary of State may by regulations specify;
information as to the existence of any cause for concern in relation to him;
information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify.
The Secretary of State may by regulations make provision in relation to the establishment and operation of any database or databases under this section.
Regulations under subsection (5) may in particular make provision—
as to the information which must or may be contained in any database under this section (subject to subsection (3));
requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;
permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;
permitting or requiring the disclosure of information included in any such database;
permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;
as to the conditions on which such access must or may be given;
as to the length of time for which information must or may be retained;
as to procedures for ensuring the accuracy of information included in any such database;
in a case where a database is established by virtue of subsection (1)(b), requiring children’s services authorities in England to participate in the operation of the database.
The persons and bodies referred to in subsection (6)(b) are—
the persons and bodies specified in section 11(1);
the Learning and Skills Council for England;
the governing body of a maintained school in England (within the meaning of section 175 of the Education Act 2002 (c. 32));
the governing body of an institution in England within the further education sector (within the meaning of that section);
the proprietor of an independent school in England (within the meaning of the Education Act 1996 (c. 56));
a person or body of such other description as the Secretary of State may by regulations specify.
the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act);
The persons and bodies referred to in subsection (6)(c) are—
a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);
a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;
the Commissioners of Inland Revenue;
a registered social landlord;
a private registered provider of social housing;
a person or body of such other description as the Secretary of State may by regulations specify.
The Secretary of State may provide information for inclusion in a database under this section.
The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.
Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
Any person or body establishing or operating a database under this section 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.
Guidance or directions under subsection (12) may in particular relate to—
the management of a database under this section;
the technical specifications for any such database;
the security of any such database;
the transfer and comparison of information between databases under this section;
the giving of advice in relation to rights under the data protection legislation.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
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Each children’s services authority in England must establish a Local Safeguarding Children Board for their area.
A Board established under this section must include such representative or representatives of— as the Secretary of State may by regulations prescribe.
the authority by which it is established, and
each Board partner of that authority,
For the purposes of this section each of the following is a Board partner of a children’s services authority in England—
where the authority is a county council for an area for which there is also a district council, the district council;
the chief officer of police for a police area any part of which falls within the area of the authority;
a local probation board for an area any part of which falls within the area of the authority;
a youth offending team for an area any part of which falls within the area of the authority;
a Strategic Health Authority and a Primary Care Trust for an area any part of which falls within the area of the authority;
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;
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;
the Children and Family Court Advisory and Support Service;
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);
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).
A children’s services authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them includes representatives of relevant persons and bodies of such descriptions as may be prescribed by the Secretary of State in regulations.
A Local Safeguarding Children Board established under this section may also include representatives of such other relevant persons or bodies as the authority by which it is established consider, after consulting their Board partners, should be represented on it.
For the purposes of subsections (4) and (5), relevant persons and bodies are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question.
In the establishment and operation of a Local Safeguarding Children Board under this section—
the authority establishing it must co-operate with each of their Board partners; and
each Board partner must co-operate with the authority.
Two or more children’s services authorities in England may discharge their respective duties under subsection (1) by establishing a Local Safeguarding Children Board for their combined area (and where they do so, any reference in this section or sections 14 to 16 to the authority establishing the Board shall be read as a reference to the authorities establishing it).
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The objective of a Local Safeguarding Children Board established under section 13 is—
to co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; and
to ensure the effectiveness of what is done by each such person or body for those purposes.
A Local Safeguarding Children Board established under section 13 is to have such functions in relation to its objective as the Secretary of State may by regulations prescribe (which may in particular include functions of review or investigation).
The Secretary of State may by regulations make provision as to the procedures to be followed by a Local Safeguarding Children Board established under section 13.
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Any person or body specified in subsection (3) may make payments towards expenditure incurred by, or for purposes connected with, a Local Safeguarding Children Board established under section 13—
by making the payments directly; or
by contributing to a fund out of which the payments may be made.
Any person or body specified in subsection (3) may provide staff, goods, services, accommodation or other resources for purposes connected with a Local Safeguarding Children Board established under section 13.
The persons and bodies referred to in subsections (1) and (2) are—
the children’s services authority in England by which the Board is established;
any person who is a Board partner of the authority under section 13(3)(a) to (h);
in a case where the governor of a secure training centre or prison is a Board partner of the authority, the Secretary of State; and
in a case where the director of a contracted out secure training centre or prison is a Board partner of the authority, the contractor.
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The Secretary of State may by regulations make provision as to the functions of children’s services authorities in England relating to Local Safeguarding Children Boards established by them.
A children’s services authority in England and each of their Board partners must, in exercising their functions relating to a Local Safeguarding Children Board, have regard to any guidance given to them for the purpose by the Secretary of State.
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Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area.
A Children's Trust Board must include a representative of each of the following—
the establishing authority;
each of the establishing authority's relevant partners (subject to subsection (4)).
A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate.
A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State.
Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b).
Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities.
For the purposes of this section and sections 12B and 12C— otherwise than by virtue of section 10(4)(da) or (db)
“ the establishing authority ”, in relation to a Children's Trust Board, is the local authority that establishes the Board;
a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10
The functions of a Children's Trust Board are—
those conferred by or under section 17 or 17A (children and young people's plans);
any further functions conferred by regulations made by the Secretary of State.
Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority.
In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e).
A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with—
the procedures to be followed by it;
the exercise of its functions.
In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board—
by making the payments directly; or
by contributing to a fund out of which the payments may be made.
The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board.
Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions.
A pooled fund is a fund—
which is made up of contributions by the Boards concerned, and
out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards.
A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions.
Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions.
Information requested under subsection (1) must be information that relates to—
the person or body to whom the request is made;
a function of that person or body, or
a person in respect of whom a function is exercisable by that person or body.
The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.
A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.
the matters to be dealt with in a plan under this section;
the period to which a plan under this section is to relate;
when and how a plan under this section must be published;
keeping a plan under this section under review;
consultation to be carried out during preparation of a plan under this section.
In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).
the arrangements made or to be made under section 10 by a children’s services authority in England;
the strategy or proposals in relation to children and relevant young persons of any person or body with whom a children’s services authority in England makes or proposes to make such arrangements.
Regulations under this section may in particular make provision as to—
the matters to be dealt with in a children and young people's plan;
the period to which a children and young people's plan is to relate;
when and how a children and young people's plan must be published;
keeping a children and young people's plan under review;
revising a children and young people's plan;
consultation to be carried out during preparation or revision of a children and young people's plan;
other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.
In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
A local authority in England may, and with effect from the appointed day must, appoint an officer for the purposes of—
the functions conferred on or exercisable by the authority which are specified in subsection (2); and
such other functions conferred on or exercisable by the authority as may be prescribed by the Secretary of State by regulations.
The functions referred to in subsection (1)(a) are—
education functions conferred on or exercisable by the authority . . . ;
functions conferred on or exercisable by the authority which are social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), so far as those functions relate to children;
the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41) (so far as not falling within paragraph (b));
the functions conferred on the authority under sections 10 to 12 , 12C, 12D and 17A of this Act; . . .
any functions exercisable by the authority under section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 on behalf of an NHS body (within the meaning of those sections), so far as those functions relate to children; ...
the functions conferred on the authority under Part 1 of the Childcare Act 2006, and
any function conferred on the authority under section 2 of the Childcare Act 2016.
Subsection (2)(a) does not include—
functions under section 120(3) of the Education Reform Act 1988 (c. 40) (functions of LEAs with respect to higher and further education);
functions under section 85(2) and (3) of the Further and Higher Education Act 1992 (c. 13) (finance and government of locally funded further and higher education);
functions under section 15B of the Education Act 1996 (c. 56) . . . (education for persons who have attained the age of 19);
functions under section 22 of the Teaching and Higher Education Act 1998 (c. 30) (financial support to students);
such other education functions conferred on or exercisable by a local authority in England . . . as the Secretary of State may by regulations prescribe.
An officer appointed by a local authority in England under this section is to be known as their “director of children’s services”.
The director of children’s services appointed by a local authority in England may also have responsibilities relating to such functions conferred on or exercisable by the authority, in addition to those specified in subsection (1), as the authority consider appropriate.
The functions in relation to which a director of children’s services may have responsibilities by virtue of subsection (5) include those referred to in subsection (3)(a) to (e).
A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of this section.
Two or more local authorities in England may for the purposes of this section, if they consider that the same person can efficiently discharge, for both or all of them, the responsibilities of director of children’s services, concur in the appointment of a person as director of children’s services for both or all of them.
The amendments in Schedule 2—
have effect, in relation to any authority which appoint a director of children’s services before the appointed day, from the day of his appointment; and
on and after the appointed day have effect for all purposes.
In this section—
This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.
The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.
The Board must—
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;
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.
A local authority in England must, in making arrangements for the discharge of— designate one of their members as their “lead member for children’s services”.
the functions conferred on or exercisable by the authority specified in section 18(1)(a) and (b), and
such other functions conferred on or exercisable by the authority as the authority consider appropriate,
A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of subsection (1).
Any two or more of the persons and bodies to which this section applies must, at the request of the Secretary of State—
conduct, in accordance with a timetable drawn up by them and approved by the Secretary of State, a review of children’s services provided in—
the area of every local authority in England;
the areas of such local authorities in England as may be specified in the request;
conduct a review of such children’s services provided in the area of such local authority in England as may be specified in the request.
Any two or more of the persons and bodies to which this section applies may conduct a review of any children’s services provided in the area of a particular local authority in England.
The purpose of a review under this section is to evaluate the extent to which, taken together, the children’s services being reviewed improve the well-being of children and relevant young persons (and in particular to evaluate how those services work together to improve their well-being).
The persons and bodies to which this section applies are—
the Chief Inspector of Schools;
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the Care Quality Commission;
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the chief inspector of constabulary;
Her Majesty's Chief Inspector of Probation for England and Wales
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the Chief Inspector of Prisons.
Reviews under this section are to be conducted in accordance with arrangements made by the Chief Inspector of Schools.
Before making arrangements for the purposes of reviews under this section the Chief Inspector of Schools must consult such of the other persons and bodies to which this section applies as he considers appropriate.
The annual report of the Chief Inspector of Schools required by subsection (1) of section 121 of the Education and Inspections Act 2006 to be made to the Secretary of State must include an account of reviews under this section; and the power conferred by subsection (3) of that section to make other reports to the Secretary of State includes a power to make reports about such reviews.
The Secretary of State may by regulations make provision for the purposes of reviews under this section and in particular provision—
requiring or facilitating the sharing or production of information for the purposes of a review under this section (including provision for the creation of criminal offences);
authorising any person or body conducting a review under this section to enter any premises for the purposes of the review (including provision for the creation of criminal offences);
imposing requirements as to the making of a report on each review under this section;
for the making by such persons as may be specified in or under the regulations of written statements of proposed action in the light of the report and the period within which any such action must or may be taken;
for the provision to members of the public of copies of reports and statements made under paragraphs (c) and (d), and for charging in respect of any such provision;
for the disapplication, in consequence of a requirement under this section, of any requirement under any other enactment to conduct an assessment or to do anything in connection with an assessment.
Regulations under subsection (8) may in particular make provision by applying enactments falling within subsection (10), with or without modification, for the purposes of reviews under this section.
The enactments falling within this subsection are enactments relating to the powers of persons and bodies to which this section applies for the purposes of assessments other than reviews under this section.
Regulations under subsection (8) may make provision authorising or requiring the doing of anything by reference to the determination of a person of a description specified in the regulations.
The Chief Inspector of Schools must devise a Framework for Inspection of Children’s Services (“the Framework”).
The Framework must, for the purpose specified in subsection (3), set out principles to be applied by any person or body conducting a relevant assessment.
The purpose referred to in subsection (2) is to ensure that relevant assessments properly evaluate and report on the extent to which children’s services improve the well-being of children and relevant young persons.
The principles in the Framework may—
include principles relating to the organisation of the results of any relevant assessment;
make different provision for different cases.
For the purposes of subsections (2) to (4) a relevant assessment is an assessment conducted under any enactment in relation to any children’s services.
When devising the Framework, the Chief Inspector of Schools must consult the other persons and bodies to which section 20 applies.
The Chief Inspector of Schools must publish the Framework, but before doing so must—
consult such persons and bodies, other than those referred to in subsection (6), as he thinks fit; and
obtain the consent of the Secretary of State.
The Chief Inspector of Schools may at any time revise the Framework (and subsections (6) and (7) apply in relation to revisions to the Framework as to the original Framework).
Each person or body with functions under any enactment of conducting assessments of children’s services must for the purposes of those assessments co-operate with other persons or bodies with such functions.
A person or body with functions under any enactment of conducting assessments of children’s services may delegate any of those functions to any other person or body with such functions.
This section applies for the purposes of sections 20 to 22.
“Assessment” includes an inspection, review, investigation or study.
“Children’s services” means—
anything done for or in relation to children and relevant young persons (alone or with other persons)—
in respect of which, apart from section 20, a person or body to which that section applies conducts any kind of assessment, or secures that any kind of assessment is conducted; and
which is specified in, or is of a description prescribed by, regulations made by the Secretary of State;
any function under sections 10 and 12B to 19; . . .
any function conferred on a local authority under section 12; ...
any function conferred on a local authority under Part 1 of the Childcare Act 2006, and
any function conferred on a local authority under section 2 of the Childcare Act 2016.
“Relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
“The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
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In section 79(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (duty of Commission for Social Care Inspection to award a performance rating to a local authority), for the words from “a performance rating” to the end substitute—
In section 81(2) of that Act (duty of the Commission to inform the Secretary of State where it awards the lowest performance rating under section 79), for “section 79” substitute “section 79(2)(a) or (b)”.
The Secretary of State must establish a panel to be known as the Child Safeguarding Practice Review Panel.
The Secretary of State may make any arrangements that the Secretary of State considers appropriate for the establishment of the Panel in accordance with this section.
The Panel is to consist of a chair and members appointed by the Secretary of State.
A person may be appointed for a particular period or otherwise.
The Secretary of State may remove the chair or a member of the Panel if satisfied that the chair or member—
has become unfit or unable to discharge his or her functions properly, or
has behaved in a way that is not compatible with continuing in office.
The arrangements that may be made by the Secretary of State under subsection (2) include arrangements about—
the Panel's proceedings;
annual or other reports.
The Secretary of State may provide staff, facilities or other assistance to the Panel (and the arrangements that may be made under this section include arrangements about those matters).
The Secretary of State may pay remuneration or expenses to the chair and members of the Panel.
The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State—
to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and
where they consider it appropriate, to arrange for those cases to be reviewed under their supervision.
The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.
Where the Panel arrange for a case to be reviewed under their supervision, they must—
ensure that the reviewer provides a report on the outcome of the review;
ensure—
that the reviewer makes satisfactory progress, and
that the report is of satisfactory quality;
provide the report to the Secretary of State.
The Panel must publish the report, unless they consider it inappropriate to do so.
If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.
Regulations under this section may include provision about—
criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;
eligibility for appointment as a reviewer;
the selection process for appointment of a reviewer;
the person who is to select a reviewer;
the supervisory powers of the Panel in relation to a reviewer;
removal of a reviewer;
payments of remuneration or expenses to a reviewer by the Secretary of State;
the procedure for a review;
the form and content of a report;
the time when a report is to be provided to the Secretary of State, or published.
The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section.
Guidance given by the Secretary of State may include guidance about—
circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;
matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.
In this section—
Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if—
the child dies or is seriously harmed in the local authority's area, or
while normally resident in the local authority's area, the child dies or is seriously harmed outside England.
A local authority in England must have regard to any guidance given by the Secretary of State in connection with their functions under this section.
In this section “serious harm” has the meaning given by section 16B(9).
The Child Safeguarding Practice Review Panel may, for the purpose of enabling or assisting the performance of a function conferred by section 16B, request a person or body to provide information specified in the request to—
the Panel,
a reviewer, or
another person or body specified in the request.
The person or body to whom a request under this section is made must comply with the request.
The Panel may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.
The information may be used by the Panel, reviewer, or other person or body to whom it is provided only for the purpose mentioned in subsection (1).
In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel.
The safeguarding partners for a local authority area in England must make arrangements for— to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.
the safeguarding partners, and
any relevant agencies that they consider appropriate,
The arrangements must include arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area.
For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it—
has functions relating to the provision of childcare or education (or both), and
is designated as such by regulations made by the Secretary of State.
In this section—
Arrangements made under section 16E by the safeguarding partners for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm).
The support referred to in subsection (1) includes—
the co-ordination of assistance for the local authority under section 47(9) of the Children Act 1989, and
support of any other kind prescribed by regulations made by the Secretary of State.
A multi-agency child protection team is to consist of—
at least one of each of the persons mentioned in subsection (4), and
such other persons as the local authority considers appropriate after consulting the other safeguarding partners.
The persons referred to in subsection (3)(a) are—
a person, nominated by the local authority, with experience in education in relation to children;
a social worker, nominated by the local authority, with experience in social work in relation to children;
a registered health professional, nominated by an integrated care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children;
a constable or relevant police employee who—
is nominated by the chief officer of police for a police area any part of which falls within the area of the local authority, and
has experience in child protection.
A person may be nominated under a particular paragraph of subsection (4) only if the person satisfies any requirements prescribed by regulations made by the Secretary of State for the purposes of that paragraph.
The requirements that may be prescribed under subsection (5) include, in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children.
Before making regulations under subsection (2)(b) or (5), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
In this section—
If the conditions in subsection (2) are met, the safeguarding partners for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements.
The conditions are that—
the relevant agency is designated for the purposes of this section by regulations made by the Secretary of State;
the safeguarding partners have notified the relevant agency that it is required to work with the safeguarding partners in drawing up a memorandum under this section.
Before making regulations under subsection (2)(a), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
In this section, “MACPT arrangements” means arrangements made by the safeguarding partners in accordance with section 16EA(1) for the establishment of a multi-agency child protection team.
The safeguarding partners for a local authority area in England must make arrangements in accordance with this section—
to identify serious child safeguarding cases which raise issues of importance in relation to the area, and
for those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate.
The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.
Where a case is reviewed under the supervision of the safeguarding partners, they must—
ensure that the reviewer provides a report on the outcome of the review;
ensure—
that the reviewer makes satisfactory progress, and
that the report is of satisfactory quality;
provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.
The safeguarding partners must publish the report, unless they consider it inappropriate to do so.
If the safeguarding partners consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.
The Secretary of State may by regulations make provision about—
criteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area;
the appointment or removal of a reviewer by the safeguarding partners, including provision for a reviewer to be appointed by the safeguarding partners from a list provided by the Secretary of State;
the time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;
the procedure for a review;
the form and content of a report.
In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.
This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England.
The safeguarding partners must publish the arrangements.
The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements.
The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements.
Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of “relevant agency”.
The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences).
At least once in every 12 month period, the safeguarding partners must prepare and publish a report on—
what the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, and
how effective the arrangements have been in practice.
Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to—
the safeguarding partner or any other safeguarding partner for the area,
any of the relevant agencies for the area,
a reviewer, or
another person or body specified in the request.
The person or body to whom a request under this section is made must comply with the request.
The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.
The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).
The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F—
by making payments directly, or
by contributing to a fund out of which the payments may be made.
The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person.
The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F.
Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E—
by making payments directly, or
by contributing to a fund out of which the payments may be made.
In this section an “independent person” means an independent person mentioned in section 16G(3).
The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section.
References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).
Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
The safeguarding partners and relevant agencies for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16E to 16J.
Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about—
circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;
matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.
In sections 16E to 16K—
“relevant agency”, in relation to a local authority area, has the meaning given by section 16E(3).
This section applies where a person to whom subsection (4) applies (“the relevant person”)—
holds information about a child or information about another individual that relates to the child, and
considers that the information is relevant to safeguarding or promoting the welfare of the child.
The relevant person must ensure that the information is disclosed to another person to whom subsection (4) applies (“the recipient”) if and only so far as the relevant person considers that the disclosure may facilitate—
where the recipient is within subsection (4)(a) or (b), the exercise by the recipient of any of its relevant functions, or
where the recipient is within subsection (4)(c), the provision of services by the recipient pursuant to arrangements made by a person within subsection (4)(a) or (b) in connection with the exercise of any of that person’s relevant functions.
But the duty imposed by subsection (2) does not apply if the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information.
This subsection applies to—
a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare),
a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children), and
a person who provides services pursuant to arrangements made by a person within paragraph (a) or (b) in connection with the exercise of any of that person’s relevant functions.
The duty imposed by subsection (2) (as qualified by subsection (3)) also applies where a relevant person receives a request for the information from another person to whom subsection (4) applies.
The relevant person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.
A disclosure of information under this section does not breach any obligation of confidence owed by the person making the disclosure.
This section does not permit the relevant person to do anything which is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
In this section, “relevant function” means a function relating to safeguarding or promoting the welfare of children.
The Secretary of State may prepare an information standard.
For the purposes of this section, “an information standard” is a standard in relation to the processing of information for the purposes of safeguarding or promoting the welfare of children.
An information standard must specify to whom it applies.
An information standard may only apply to one or more persons falling within section 16LA(4).
A person to whom an information standard applies must have regard to the standard when processing information for the purposes of safeguarding or promoting the welfare of children.
For the purposes of subsection (1), the Secretary of State may adopt all or part of any other information standard prepared or published under any other enactment or for a different purpose from the purpose mentioned in subsection (2).
The Secretary of State may revise an information standard from time to time.
The Secretary of State must publish the current version of each information standard prepared under this section.
Before publishing an information standard under this section, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
In this section, “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
The Secretary of State may by regulations make provision for or in connection with—
specifying a description of consistent identifier for the purposes of this section;
requiring or authorising the disclosure of the consistent identifier to a designated person for the purpose of enabling the designated person to comply with subsection (5).
A disclosure required or authorised by the regulations does not breach any obligation of confidence owed by the person disclosing the identifier.
“Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—
relates to a child, and
forms part of a set of similar identifiers that is of general application.
Subsection (5) applies if—
a designated person (see subsection (10)) processes information about a child, and
the child is one to whom a consistent identifier of the description specified under subsection (1) relates.
If this subsection applies the designated person must include the consistent identifier in the information processed (but this is subject to subsections (6) to (8)).
Subsection (5) applies only so far as the designated person considers that the inclusion of the consistent identifier is likely to facilitate the exercise by any person of a function of that person that relates to safeguarding or promoting the welfare of children.
Subsection (5) does not apply if the designated person considers that including the consistent identifier in the information processed would be more detrimental to the child than not including it.
The designated person need not comply with subsection (5) if—
it does not know the consistent identifier, and
it reasonably considers that finding it out would cause unreasonable delay to the processing of the information.
A designated person’s compliance with subsection (5) does not breach any obligation of confidence owed by the designated person.
In this section “designated person” means a person designated for the purposes of this section in regulations made by the Secretary of State.
A person may be designated as mentioned in subsection (10) only if the person is—
a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare), or
a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children).
A designated person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.
Where a person (a “service provider”) provides services pursuant to arrangements made by a designated person in connection with the exercise of any function of the designated person that relates to safeguarding or promoting the welfare of children, this section applies to the service provider as it applies to the designated person.
The reference in subsection (6) to the inclusion of a consistent identifier being likely to facilitate the exercise of a function is to it being likely to facilitate that exercise directly (rather than by means of a trial, study, audit or any other indirect means).
In this section, “processes”, “processed” and “processing” are to be read in accordance with the meaning of “processing” in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
The Secretary of State may issue a code of practice for—
persons who are designated persons within the meaning of section 16LC(10) for the purposes of the duty in section 16LC(5), and
persons who are service providers within the meaning of section 16LC(13).
Those persons must have regard to the code of practice when discharging their duties under section 16LC.
The Secretary of State may revise the code from time to time.
The Secretary of State must publish the current version of the code.
Before publishing the code, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area.
The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.
The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.
The purposes of a review or analysis under this section are—
to identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, and
to consider whether it would be appropriate for anyone to take action in relation to any matters identified.
Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person.
The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—
what they have done as a result of the arrangements under this section, and
how effective the arrangements have been in practice.
Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to—
the child death review partner or any other child death review partner for the area, or
another person or body.
The person or body to whom a request under this section is made must comply with the request.
The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.
The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).
The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M—
by making payments directly, or
by contributing to a fund out of which payments may be made.
The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M.
The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section.
References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).
Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
The child death review partners for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16M to 16P.
In this section and sections 16M to 16P “child death review partners”, in relation to a local authority area in England, means—
the local authority;
any integrated care board for an area any part of which falls within the local authority area.
Each local authority in Wales must make arrangements to promote co-operation between—
the authority;
each of the authority’s relevant partners; and
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.
The arrangements under subsections (1) and (1A) are to be made with a view to—
improving the well-being of children within the authority's area, in particular those with needs for care and support;
improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision);
protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989).
the contribution made by them to society;
social and economic well-being.
Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions.
In making arrangements under this section a local authority in Wales must have regard to the importance of parents and other persons caring for children in improving the well-being of children.
For the purposes of this section each of the following is the relevant partner of a local authority in Wales—
the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;
a local probation board for an area any part of which falls within the area of the authority;
any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section;
a youth offending team for an area any part of which falls within the area of the authority;
a Local Health Board for an area any part of which falls within the area of the authority;
the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;
an NHS trust providing services in the area of the authority;
any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;
the Commission for Tertiary Education and Research;
such a person, or a person of such description, as regulations made by the Welsh Ministers may specify.
The relevant partners of a local authority in Wales must co-operate with the authority in the making of arrangements under this section.
A local authority in Wales and any of their relevant partners may for the purposes of arrangements under this section—
provide staff, goods, services, accommodation or other resources;
establish and maintain a pooled fund.
Regulations under subsection (4)(g) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college unless the Secretary of State consents.
For the purposes of subsection (6) a pooled fund is a fund—
which is made up of contributions by the authority and the relevant partner or partners concerned; and
out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.
A local authority in Wales 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 Welsh Ministers.
The Welsh Ministers must obtain the consent of the Secretary of State before giving guidance under subsection (8) at any time after the coming into force of any of paragraphs (a) to (c) of subsection (4).
Arrangements under this section may include arrangements relating to—
persons aged 18 and 19;
persons over the age of 19 who are receiving—
services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or
youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)).
Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.
In this section—
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The Assembly may by regulations require a children’s services authority in Wales from time to time to prepare and publish a plan setting out the authority’s strategy for discharging their functions in relation to children and relevant young persons.
Regulations under this section may in particular make provision as to—
the matters to be dealt with in a plan under this section;
the period to which a plan under this section is to relate;
when and how a plan under this section must be published;
keeping a plan under this section under review;
consultation to be carried out before a plan under this section is published;
implementation of a plan under this section.
The matters for which provision may be made under subsection (2)(a) include in particular—
the arrangements made or to be made under section 25 by a children’s services authority in Wales;
the strategy or proposals in relation to children and relevant young persons of any person or body with whom a children’s services authority in Wales makes or proposes to make such arrangements.
Regulations under this section may require a children’s services authority in Wales to obtain the Assembly’s approval before publishing a plan under this section; and may provide that the Assembly may modify a plan before approving it.
A children’s services authority in Wales must have regard to any guidance given to them by the Assembly in relation to how they are to discharge their functions under regulations under this section.
In this section “relevant young persons” means the persons, in addition to children, in relation to whom arrangements under section 25 may be made.
A local authority in Wales must—
appoint an officer, to be known as the “lead director for children and young people’s services”, for the purposes of co-ordinating and overseeing arrangements made under section 25 ; and
designate one of their members, to be known as the “lead member for children and young people’s services”, to have as his special care the discharge of the authority’s functions under that section.
A Local Health Board must—
appoint an officer, to be known as the Board’s “lead officer for children and young people’s services”, for the purposes of the Board’s functions under section 25; and
designate one of the Board’s members who is not an officer as its “lead member for children and young people’s services” to have the discharge of those functions as his special care.
An NHS trust to which section 25 applies must—
appoint an executive director, to be known as the trust’s “lead executive director for children and young people’s services”, for the purposes of the trust’s functions under that section; and
designate one of the trust’s non-executive directors as its “lead non-executive director for children and young people’s services” to have the discharge of those functions as his special care.
Each local authority in Wales, Local Health Board and NHS trust to which section 25 applies must have regard to any guidance given to them by the Assembly in relation to—
their functions under this section;
the responsibilities of the persons appointed or designated by them under this section.
This section applies to each of the following—
a local authority in Wales;
a Local Health Board;
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
the local policing body and chief officer of police for a police area in Wales;
the British Transport Police Authority, so far as exercising functions in relation to Wales;
a local probation board for an area in Wales;
the National Crime Agency;
a youth offending team for an area in Wales;
the governor of a prison or secure training centre in Wales (or, in the case of a contracted out prison or secure training centre, its director);
the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;
any person to the extent that he is providing services pursuant to arrangements made by a local authority in Wales under section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth support services).
the principal of a secure college in Wales;
Each person and body to whom this section applies must make arrangements for ensuring that—
their functions are discharged having regard to the need to safeguard and promote the welfare of children; and
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.
In the case of a local authority in Wales, 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.
The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Assembly.
The persons and bodies referred to in subsection (1)(d) to (h) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State after consultation with the Assembly.
The Assembly may for the purpose of arrangements under section 25 or 28 above or under section 175 of the Education Act 2002—
by regulations require local authorities in Wales to establish and operate databases containing information in respect of persons to whom such arrangements relate;
itself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.
The Assembly may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.
A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.
The information referred to in subsection (3) is information of the following descriptions in relation to a person—
his name, address, gender and date of birth;
a number identifying him;
the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;
details of any education being received by him (including the name and contact details of any educational institution attended by him);
the name and contact details of any person providing primary medical services in relation to him under the National Health Service (Wales) Act 2006;
the name and contact details of any person providing to him services of such description as the Assembly may by regulations specify;
information as to the existence of any cause for concern in relation to him;
information of such other description, not including medical records or other personal records, as the Assembly may by regulations specify.
The Assembly may by regulations make provision in relation to the establishment and operation of any database or databases under this section.
Regulations under subsection (5) may in particular make provision—
as to the information which must or may be contained in any database under this section (subject to subsection (3));
requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;
permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;
permitting or requiring the disclosure of information included in any such database;
permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;
as to the conditions on which such access must or may be given;
as to the length of time for which information must or may be retained;
as to procedures for ensuring the accuracy of information included in any such database;
in a case where a database is established by virtue of subsection (1)(b), requiring local authorities in Wales to participate in the operation of the database.
The persons and bodies referred to in subsection (6)(b) are—
the persons and bodies specified in section 28(1);
the Commission for Tertiary Education and Research;
the governing body of a maintained school in Wales (within the meaning of section 175 of the Education Act 2002 (c. 32));
the governing body of an institution in Wales within the further education sector (within the meaning of that section);
the proprietor of an independent school in Wales (within the meaning of the Education Act 1996 (c. 56));
a person or body of such other description as the Assembly may by regulations specify.
The persons and bodies referred to in subsection (6)(c) are—
a person registered in Wales for child minding or the provision of day care under Part 2 of the Children and Families (Wales) Measure 2010;
a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;
the Commissioners of Inland Revenue;
a registered social landlord or private registered provider of social housing;
a person or body of such other description as the Assembly may by regulations specify.
The Assembly and the Secretary of State may provide information for inclusion in a database under this section.
The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.
Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
Regulations under subsections (1)(a) and (5) may only be made with the consent of the Secretary of State.
Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person by the Assembly.
Guidance or directions under subsection (13) may in particular relate to—
the management of a database under this section;
the technical specifications for any such database;
the security of any such database;
the transfer and comparison of information between databases under this section;
the giving of advice in relation to rights under the data protection legislation.
In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).
This section applies to the following functions of a local authority—
the authority’s functions under section 25 ..., except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21));
the authority’s functions under section 28;
any function conferred on the authority under section 29.
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Each children’s services authority in Wales must establish a Local Safeguarding Children Board for their area.
A Board established under this section must include such representative or representatives of— as the Assembly may by regulations prescribe.
the authority by which it is established, and
each Board partner of that authority,
For the purposes of this section each of the following is a Board partner of a children’s services authority in Wales—
the chief officer of police for a police area any part of which falls within the area of the authority;
a local probation board for an area any part of which falls within the area of the authority;
a youth offending team for an area any part of which falls within the area of the authority;
a Local Health Board for an area any part of which falls within the area of the authority;
an NHS trust providing services in the area of the authority;
the governor of any secure training centre within the area of the authority (or, in the case of a contracted out secure training centre, its director);
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).
Regulations under subsection (2) that make provision in relation to a Board partner referred to in subsection (3)(a) to (c), (f) or (g) may only be made with the consent of the Secretary of State.
A children’s services authority in Wales must take reasonable steps to ensure that the Local Safeguarding Children Board established by them includes representatives of relevant persons and bodies of such descriptions as may be prescribed by the Assembly in regulations.
A Local Safeguarding Children Board established under this section may also include representatives of such other relevant persons or bodies as the authority by which it is established consider, after consulting their Board partners, should be represented on it.
For the purposes of subsections (5) and (6), relevant persons and bodies are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question.
In the establishment and operation of a Local Safeguarding Children Board under this section—
the authority establishing it must co-operate with each of their Board partners; and
each Board partner must co-operate with the authority.
Two or more children’s services authorities in Wales may discharge their respective duties under subsection (1) by establishing a Local Safeguarding Children Board for their combined area (and where they do so, any reference in this section and sections 32 to 34 to the authority establishing the Board shall be read as a reference to the authorities establishing it).
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The objective of a Local Safeguarding Children Board established under section 31 is—
to co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; and
to ensure the effectiveness of what is done by each such person or body for those purposes.
A Local Safeguarding Children Board established under section 31 is to have such functions in relation to its objective as the Assembly may by regulations prescribe (which may in particular include functions of review or investigation).
The Assembly may by regulations make provision as to the procedures to be followed by a Local Safeguarding Children Board established under section 31.
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Any person or body specified in subsection (3) may make payments towards expenditure incurred by, or for purposes connected with, a Local Safeguarding Children Board established under section 31—
by making the payments directly; or
by contributing to a fund out of which the payments may be made.
Any person or body specified in subsection (3) may provide staff, goods, services, accommodation or other resources for purposes connected with a Local Safeguarding Children Board established under section 31.
The persons and bodies referred to in subsections (1) and (2) are—
the children’s services authority in Wales by which the Board is established;
any person who is a Board partner of the authority under section 31(3)(a) to (e);
in a case where the governor of a secure training centre or prison is a Board partner of the authority, the Secretary of State; and
in a case where the director of a contracted out secure training centre or prison is a Board partner of the authority, the contractor.
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The Assembly may by regulations make provision as to the functions of children’s services authorities in Wales relating to Local Safeguarding Children Boards established by them.
A children’s services authority in Wales and each of their Board partners must, in exercising their functions relating to a Local Safeguarding Children Board, have regard to any guidance given to them for the purpose by the Assembly.
The Assembly must obtain the consent of the Secretary of State before giving guidance under subsection (2) at any time after the coming into force of any of paragraphs (a) to (c), (f) or (g) of section 31(3).
In respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question, it is a function of the Assembly to—
safeguard and promote the welfare of the children;
give advice to any court about any application made to it in such proceedings;
make provision for the children to be represented in such proceedings;
provide information, advice and other support for the children and their families.
The Assembly must also make provision for the performance of the functions conferred on Welsh family proceedings officers by virtue of any enactment (whether or not they are exercisable for the purposes of subsection (1)).
In subsection (1), “family proceedings” has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43).
In this Part, “Welsh family proceedings officer” means—
any member of the staff of the Assembly appointed to exercise the functions of a Welsh family proceedings officer; and
any other individual exercising functions of a Welsh family proceedings officer by virtue of section 36(2) or (4).
The Assembly may make arrangements with organisations under which the organisations perform the functions of the Assembly under section 35 on its behalf.
Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of Welsh family proceedings officers.
The Assembly may only make an arrangement under subsection (1) if it is of the opinion—
that the functions in question will be performed efficiently and to the required standard; and
that the arrangement represents good value for money.
The Assembly may make arrangements with individuals under which they may perform functions of Welsh family proceedings officers.
The Assembly may make arrangements with an organisation or individual under which staff of the Assembly engaged in the exercise of its functions under section 35 may work for the organisation or individual.
The Assembly may make arrangements with an organisation or individual under which any services provided by the Assembly’s staff to the Assembly in the exercise of its functions under section 35 are also made available to the organisation or individual.
The Assembly may charge for anything done under arrangements under subsection (5) and (6).
In this section, references to organisations include public bodies and private or voluntary organisations.
The Assembly may authorise a Welsh family proceedings officer of a description prescribed in regulations made by the Secretary of State— in the exercise of his functions.
to conduct litigation in relation to any proceedings in any court,
to exercise a right of audience in any proceedings in any court,
A Welsh family proceedings officer exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
A Welsh family proceedings officer exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
A Welsh family proceedings officer may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
But a Welsh family proceedings officer may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with this section.
In this section, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.
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Her Majesty’s Inspectorate of Court Administration must at the request of the Assembly inspect, and report to the Assembly on—
the discharge by the Assembly of its functions under this Part; and
the discharge by Welsh family proceedings officers of their functions under this Part and any other enactment.
The Assembly may only make a request under subsection (1) with the consent of the Secretary of State.
The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act.
Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—
must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
if he is included in any of those lists, must not select him for that employment.
Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc), the organisation must so refer him.
In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.
Schedule 3 (which makes supplementary and consequential provision relating to this Part, including provision relating to functions of Welsh family proceedings officers) has effect.
The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43).
A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions.
For the purposes of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer to the Assembly of property, rights and liabilities of the Children and Family Court Advisory and Support Service (in this section, “CAFCASS”).
The reference in subsection (1) to rights and liabilities does not include rights and liabilities under a contract of employment.
A scheme under this section may—
specify the property, rights and liabilities to be transferred by the scheme; or
provide for the determination, in accordance with the scheme, of the property, rights and liabilities to be transferred by the scheme.
A scheme under this section may include provision for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.
A scheme under this section has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.
A right of pre-emption or reverter or other similar right does not operate or become exercisable as a result of any transfer under a scheme under this section; and in the case of such a transfer, any such right has effect as if the Assembly were the same person in law as CAFCASS and as if the transfer had not taken place.
The Assembly is to pay such compensation as is just to any person in respect of any right which would, apart from subsections (5) and (6), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those subsections, cannot subsequently operate in his favour or become exercisable by him.
A scheme under this section may provide for the determination of any disputes as to whether and, if so, how much compensation is payable under subsection (7).
Subsections (5) to (8) apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property.
A certificate issued by the Secretary of State and the Assembly jointly that any property, rights or liabilities have or have not been transferred by a scheme under this section is conclusive evidence as to whether they have or have not been so transferred.
For the purpose of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer of employees of CAFCASS to the Assembly.
A scheme under this section may apply—
to any description of employees of CAFCASS;
to any individual employee of CAFCASS.
A contract of employment of an employee transferred under a scheme under this section—
is not terminated by the transfer; and
has effect from the date of the transfer under the scheme as if originally made between the employee and the Assembly.
Where an employee is so transferred— This subsection does not prejudice the generality of subsection (3).
all the rights, powers, duties and liabilities of CAFCASS under or in connection with the contract of employment are by virtue of this subsection transferred to the Assembly on the date of the transfer under the scheme; and
anything done before that date by or in relation to CAFCASS in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the Assembly.
But if the employee informs the Assembly or CAFCASS that he objects to the transfer—
subsections (3) and (4) do not apply; and
his contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any reason, as having been dismissed by CAFCASS.
This section does not prejudice any right of an employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.
A scheme may be made under this section only if any requirements about consultation prescribed in regulations made by the Secretary of State and the Assembly jointly have been complied with in relation to each of the employees of CAFCASS to be transferred under the scheme.
In this section “CAFCASS” has the same meaning as in section 42.
Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered children) is amended as specified in subsections (2) to (6).
In subsection (1)—
after “who are” insert “ or are proposed to be ”;
after “is being” insert “ or will be ”;
for “caring for” substitute “ concerned with ”.
After subsection (2) insert—
In subsection (3) for “to visit privately fostered children” substitute “ for the purpose ”.
In subsection (5)—
after “child who is” insert “ or is proposed to be ”;
after “is being” insert “ or will be ”.
After subsection (5) insert—
In Schedule 8 to that Act (privately fostered children) after paragraph 7 insert—
The reference to that Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.
The Secretary of State may by regulations require any person who fosters a child privately in the area of a local authority in England to be registered for private fostering by that authority in accordance with the regulations.
Regulations under this section may make supplementary provision relating to the registration of persons for private fostering, including provision as to—
how a person applies for registration and the procedure to be followed in considering an application;
the requirements to be satisfied before a person may be registered;
the circumstances in which a person is disqualified from being registered;
the circumstances in which an application for registration may or must be granted or refused;
the payment of a fee on the making or granting of an application for registration;
the imposition of conditions on registration and the variation or cancellation of such conditions;
the circumstances in which a person’s registration may be, or be regarded as, cancelled;
the making of appeals against any determination of a local authority in England in relation to a person’s registration;
temporary registration, or circumstances in which a person may be regarded as registered;
requirements to be complied with by a local authority in England or a person registered under the regulations.
The provision which may be made under subsection (2)(a) includes provision that any person who, in an application for registration under the regulations, knowingly makes a statement which is false or misleading in a material particular is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The requirements for which provision may be made under subsection (2)(b) include requirements relating to—
the suitability of the applicant to foster children privately;
the suitability of the premises in which it is proposed to foster children privately (including their suitability by reference to any other person living there).
The provision which may be made under subsection (2)(c) includes provision that a person may be disqualified where—
an order of a kind specified in the regulations has been made at any time with respect to him;
an order of a kind so specified has been made at any time with respect to any child who has been in his care;
a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;
he has been convicted of a criminal offence of a kind so specified, or a probation order has been made in respect of him for any such offence or he has been discharged absolutely or conditionally for any such offence;
a prohibition has been imposed on him under any specified enactment;
his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment;
he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed.
The provision which may be made under subsection (2)(c) also includes provision for a local authority in England to determine whether a person is or is not to be disqualified.
The conditions for which provision may be made under subsection (2)(f) include conditions relating to—
the maintenance of premises in which children are, or are proposed to be, privately fostered;
any other persons living at such premises.
The provision which may be made under subsection (2)(j) includes—
a requirement that a person registered under the regulations obtain the consent of the local authority in England by whom he is registered before privately fostering a child;
provision relating to the giving of such consent (including provision as to the circumstances in which, or conditions subject to which, it may or must be given).
The provision which may be made under subsection (2)(j) also includes—
a requirement for a local authority in England to undertake annual inspections in relation to persons registered under the regulations (whether in fact privately fostering children or not); and
provision for the payment of a fee by registered persons in respect of such inspections.
Regulations under this section may—
authorise a local authority in England to issue a notice to any person whom they believe to be fostering a child privately in their area without being registered in accordance with the regulations; and
provide that a person who, without reasonable excuse, fosters a child privately without being registered in accordance with the regulations while such a notice is issued in respect of him is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Regulations under this section may provide that a person registered under the regulations who without reasonable excuse contravenes or otherwise fails to comply with any requirement imposed on him in the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Regulations under this section may provide that a person who fosters a child privately while he is disqualified from being registered is guilty of an offence unless—
he is disqualified by virtue of the fact that he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed; and
he did not know, and had no reasonable grounds for believing, that that person was so disqualified.
Where regulations under this section make provision under subsection (12), they must provide that a person who is guilty of the offence referred to in that subsection is liable on summary conviction to—
a fine not exceeding level 5 on the standard scale, or
a term of imprisonment not exceeding 51 weeks (or, in the case of an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), not exceeding six months), or
both.
Regulations under this section may—
make consequential amendments (including repeals) to sections 67(2) to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the Children Act 1989 (c. 41);
amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) as to add functions of a local authority in England under this section to the functions listed in that Schedule.
Nothing in this section affects the scope of section 66(1).
For the purposes of this section references to a person fostering a child privately have the same meaning as in the Children Act 1989.
The Assembly may by regulations require any person who fosters a child privately in the area of a local authority in Wales to be registered for private fostering by that authority in accordance with the regulations.
Subsections (2) to (15) of section 45 apply in relation to regulations under this section as they apply in relation to regulations under that section with the substitution for references to a local authority in England of references to a local authority in Wales.
Subsection (16) of that section applies for the purposes of this section.
If no regulations have been made under section 45 by the relevant time, that section shall (other than for the purposes of section 46(2) and (3)) cease to have effect at that time.
If no regulations have been made under section 46 by the relevant time, that section shall cease to have effect at that time.
In this section, the relevant time is the end of the period of seven years beginning with the day on which this Act is passed.
Schedule 4 (which makes provision amending Part 10A of the Children Act 1989 (c. 41) in relation to child minding and day care) has effect.
The appropriate person may by order make provision as to the payments to be made—
by a local authority in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section 22C of the Children Act 1989or section 81 of the Social Services and Well-being (Wales) Act 2014;
by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of the Children Act 1989.
In subsection (1)—
In section 23(2)(a) of the Children Act 1989, at the end insert . “ (subject to section 49 of the Children Act 2004) ”
In section 59(1)(a) of that Act, at the end insert “ (subject to section 49 of the Children Act 2004) ” .
Section 497A of the Education Act 1996 (power to secure proper performance of a local authority's education functions) applies in relation to the functions of a local authority in England which are specified in subsection (2) as it applies in relation to a local authority's education functions.
the relevant functions of a children’s services authority in England, and
the relevant functions of a children’s services authority in Wales,
The functions of a local authority are—
functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;
the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (so far as not falling within paragraph (a)); and
the functions conferred on the authority under sections 10, 12 , 12C, 12D and 17A above (in the case of a local authority in England) ...
In subsection (1) “ education functions ” has the meaning given by section 579(1) of the Education Act 1996.
In subsection (2)(a) “social services functions” has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42).
Sections 497AA and 497B of the Education Act 1996 apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of a local authority which are specified in subsection (2).
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In subsection (5) of section 497A of that Act, the reference to functions to which that section applies includes (for all purposes) the functions of a local authority which are specified in subsection (2).
If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—
a reference in this section to a local authority includes a reference to the combined authority, and
a reference in this section to functions specified in subsection (2) is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.
If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined county authority by virtue of section 18 of the Levelling-up and Regeneration Act 2023—
a reference in this section to a local authority includes a reference to the combined county authority, and
a reference in this section to functions specified in subsection (2) is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.
In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for subsection (2) substitute—
Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to the functions of a local authority in Wales which are specified in subsection (2) as it applies in relation to a local authority's education functions but as if the only relevant ground for intervention were ground 3 in section 21 of that Act.
The functions of a local authority are—
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the functions conferred on the authority under sections 25 ... and 29 above.
In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) the functions of the local authority which are specified in subsection (2).
In this section—
In section 22 of the Children Act 1989 (c. 41) (general duty of local authority in relation to children looked after by them), after subsection (3) insert—
In section 17 of the Children Act 1989 (provision of services to children), after subsection (4) insert—
In section 20 of that Act (provision of accommodation for children: general), in subsection (6)(a) and (b), after “wishes” insert “ and feelings ”.
In section 47 of that Act (local authority’s duty to investigate), after subsection (5) insert—
In section 83 of the Children Act 1989 (c. 41) (research and returns of information), after subsection (4) insert—
Sections 2 to 5 of the Local Authority Social Services Act 1970 (c. 42) (social services committees) shall cease to have effect.
In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute “ SOCIAL SERVICES FUNCTIONS ”.
In section 63(8) of the Health Services and Public Health Act 1968 (c. 46) (instruction), in paragraph (a) of the definition of “relevant enactments”, for the words from “for the time being” to “section 2” substitute “ are social services functions within the meaning ”.
In Schedule 1 to the Local Government and Housing Act 1989 (c. 42) (political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of “ordinary committee”, for the words from “the authority's” to “any other committee” substitute “ any committee ”.
In section 102 of the Local Government Act 2000 (c. 22) (social services functions)—
omit subsection (1);
in subsection (2), for “that Act” substitute “ the Local Authority Social Services Act 1970 ”.
Children Act 2004 Sections 13 to 16 and 31 to 34 Functions relating to Local Safeguarding Children Boards.
In section 12 of the Adoption and Children Act 2002 (c. 38) (independent review of determinations), in subsection (3)(d) (power to make provision as to the payment of expenses of members of a panel) for “expenses of” substitute “ fees to ”.
In relation to any offence specified in subsection (2), battery of a child taking place in England cannot be justified on the ground that it constituted reasonable punishment.
The offences referred to in subsection (1) are—
an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm);
an offence under section 47 of that Act (assault occasioning actual bodily harm);
an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16).
an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
Battery of a child taking place in England causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment.
For the purposes of subsection (3) “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861.
In section 1 of the Children and Young Persons Act 1933, omit subsection (7).
Section 14 of the Education Act 2002 (c. 32) (power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as specified in subsections (2) to (4).
In subsection (2) of that section (purposes for which assistance may be given), at the end insert—
After that subsection insert—
In the heading to that section, for “childcare” substitute “ children etc ”.
In the heading to Part 2 of that Act, for “childcare” substitute “ children etc ”.
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
In section 8(1)(a) (power to make parenting order where a child safety order is made), at the end insert “or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order”.
In section 11(4) (maximum period permitted for child safety orders), for the words from “three months” to the end substitute “ twelve months ”.
In section 12, omit subsections (6)(a) and (7) (power to make care order on breach of child safety order).
In the Care Standards Act 2000 (c. 14), in section 76 (further functions of Children’s Commissioner for Wales), at the end insert—
In section 97(2) of the Children Act 1989 (c. 41) (privacy for children involved in certain proceedings), after “publish” insert “ to the public at large or any section of the public ”.
In section 12(4) of the Administration of Justice Act 1960 (c. 65) (publication of information relating to proceedings in private), at the end insert “(and in particular where the publication is not so punishable by reason of being authorised by rules of court)”.
In section 66 of the Adoption Act 1976 (c. 36) (rules of procedure), after subsection (5) insert—
In section 145(1) of the Magistrates' Courts Act 1980 (c. 43) (rules: supplementary), after paragraph (g) insert—.
In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42) (family proceedings rules), in paragraph (a) after “County Courts Act 1984;” insert—.
In section 141 of the Adoption and Children Act 2002 (c. 38) (rules of procedure) at the end insert—
In section 76 of the Courts Act 2003 (c. 39) (Family Procedure Rules: further provision) after subsection (2) insert—
In Schedule 5 to the Tax Credits Act 2002 (c. 21) (use and disclosure of information), after paragraph 10 insert—
In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c. 21) (as inserted by subsection (1) above) before 2 May 2022, the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months.
The enactments specified in Schedule 5 are repealed to the extent specified.
In this Act—
“the Assembly” means the National Assembly for Wales;
exercises functions in that area in relation to children;
This Act applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State.
In this Act—
references to a prison include a young offender institution;
references to a contracted out secure training centre, and to the contractor in relation to such a secure training centre, have the meanings given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33);
references to a contracted out prison, and to the contractor in relation to such a prison, have the meanings given by section 84(4) of the Criminal Justice Act 1991 (c. 53).
references to a directly managed secure college and to a contracted-out secure college, and to the contractor in relation to a contracted-out secure college, have the meanings given by paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015.
Where— this Act has effect as if each part of the secure training centre , prison or secure college were a separate institution.
a contract under section 7 of the Criminal Justice and Public Order Act 1994 is for the time being in force in relation to part of a secure training centre, ...
a contract under section 84 of the Criminal Justice Act 1991 is for the time being in force in relation to part of a prison, or
a contract under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 is for the time being in force in relation to part of a secure college”, and
Any power to make regulations or an order under this Act includes power—
to make different provision for different purposes;
to make different provision for different cases or areas;
to make incidental, supplementary, consequential or transitional provision or savings.
Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument.
The Secretary of State may not make a statutory instrument containing regulations under section 12 , 12B(1)(b) , 16B (whether alone or with regulations under section 16F), 16E(3) , 16EA(2)(b) or (5), 16EB(2)(a) or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
The Secretary of State may not make a statutory instrument containing the first regulations under section 9A or the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
A statutory instrument containing— is subject to annulment in pursuance of a resolution of either House of Parliament.
any regulations made by the Secretary of State under this Act to which neither of subsections (3) and (4) applies,
an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or
an order made by the Secretary of State under section 11(1)(d) or section 65(2),
Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7).
Any statutory instrument containing regulations made under section25 or 26 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.
Part 1 comes into force on the day on which this Act is passed.
Part 2 comes into force in accordance with provision made by order by the Secretary of State.
Part 3 comes into force in accordance with provision made by order by the Assembly subject to subsections (4) and (5).
The Assembly must obtain the consent of the Secretary of State before making provision under subsection (3) in relation to section 25(4)(a) to (c) or 31(3)(a) to (c), (f) or (g).
In section 28, the following provisions come into force in accordance with provision made by order by the Secretary of State after consulting the Assembly—
subsection (1)(d) to (h);
subsection (2), so far as relating to the persons and bodies referred to in subsection (1)(d) to (h);
subsection (5).
Part 4 comes into force in accordance with provision made by order by the Assembly with the consent of the Secretary of State.
In Part 5—
section 44 so far as relating to England comes into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;
sections 45 to 47 come into force at the end of the period of two months beginning with the day on which this Act is passed;
section 48 and Schedule 4 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;
section 49 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
sections 50 to 57 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly;
section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed;
section 59 comes into force on the day on which this Act is passed;
section 60 comes into force in accordance with provision made by order by the Secretary of State;
section 61 comes into force in accordance with provision made by order by the Assembly;
section 62 comes into force in accordance with provision made by order by the Lord Chancellor;
section 63 comes into force on the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed except that Schedule 5 comes into force in accordance with the commencement provisions set out in that Schedule.
Part 1 extends to the whole of the United Kingdom (unless otherwise specifically provided).
Parts 2 to 4 extend to England and Wales only.
In Part 5—
sections 44 to 62 extend to England and Wales only;
section 63 extends to the whole of the United Kingdom.
In this Part—
section 64 and Schedule 5 extend to England and Wales only; and
the remaining provisions extend to the whole of the United Kingdom.
This Act may be cited as the Children Act 2004.
Section 1
“ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);
The Children’s Commissioner is to be a corporation sole. The Children’s Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and his property is not to be regarded as property of, or property held on behalf of, the Crown.
The Secretary of State must— as may be provided under the terms of his appointment.
pay the Children’s Commissioner such remuneration and allowances, and
pay or make provision for the payment of such pension or gratuities to or in respect of him,
the local authority;
The Children’s Commissioner is to be appointed by the Secretary of State. The Secretary of State must take reasonable steps to involve children in the appointment of the Children’s Commissioner. Subject to the provisions of this paragraph, a person shall hold and vacate office as the Children’s Commissioner in accordance with the terms and conditions of his appointment as determined by the Secretary of State. An appointment as the Children’s Commissioner shall be for a term not exceeding six years. A person who has held office as the Children’s Commissioner is not eligible for reappointment. The Children’s Commissioner may at any time resign by notice in writing to the Secretary of State. The Secretary of State may remove the Children’s Commissioner from office if he is satisfied that he has—
In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment etc to which section 1 of that Act applies)— The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
A document purporting to be duly executed under the seal of the Children’s Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed. This paragraph does not extend to Scotland.
In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.
In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “ Children’s Commissioner ”; “ Member of staff of the Children’s Commissioner ”.
Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim Children's Commissioner. Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance with the terms and conditions of the appointment as determined by the Secretary of State. An appointment as interim Children's Commissioner is for a term ending— A person who has held office as interim Children's Commissioner— An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State. The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner has—
a local authority in Wales;
The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions.
The Children’s Commissioner must— The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him under sub-paragraph (1)(c) and must lay copies of the statement and of his report before Parliament. In this paragraph, “financial year” means—
In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) (meaning of “regulated position”), after paragraph (f) insert—.
The Local Authority Social Services Act 1970 is amended as follows. In section 6 (director of social services)— In Schedule 1, in the entry for “Sections 6 and 7B of this Act”, after the words “Appointment of” insert “ director of adult social services or ”.
Section 18
“ local authority in Wales ” means—
In section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities), in subsection (8), for “or the chief education officer of the authority” substitute “ of the authority, the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.
The Education Act 1996 is amended as follows. In section 532 (appointment of chief education officer), for “A local authority’s duties” substitute “ The duties of a local education authority in Wales ”. In section 566 (evidence: documents), in subsection (1)(a), for “chief education officer of that authority” substitute “ director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) ”.
The Criminal Justice and Court Services Act 2000 is amended as follows. In section 34 (restoration of disqualification order), in subsection (1), for “a director of social services of a local authority” substitute “ a director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”. In section 36 (meaning of “regulated position”), in subsection (6)—
The Child Abduction and Custody Act 1985 is amended as follows.
In section 79E(2), at the end insert— In section 79F(1) and (2)—
In section 79B(4)—
for paragraphs (a) and (b) substitute—;
in subsection (5), for “(4)(b)” substitute “ (4)(a) ”;
after subsection (5) insert—
In Schedule 9A, after paragraph 5 insert—
In sections 6(a) and 21(a) (reports), after “an officer of the Service” insert “ or a Welsh family proceedings officer ”.
In section 27 (interpretation), after subsection (5) insert—.
“safeguarding partners” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);
In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6)—
after “means—” insert—;
in paragraph (a), at the end insert “ (in the case of a local authority in Wales) ”;
in paragraph (c) after “director of social services” insert “ (in the case of a local authority in Wales) ”.
In section 4C of the Protection of Children Act 1999 (restoration to the list) in subsection (1), for “director of social services of a local authority” substitute “ director of children’s services of a local authority in England or a director of social services of a local authority in Wales ”.
The Adoption and Children Act 2002 is amended as follows.
In section 79B(3)(d) and (4)(d), for “by the registration authority” substitute “ under this Part ”. In section 79G(2), omit “under section 79F(3)”.
In Schedule 9A, in paragraph 4(3A)—
after “disqualified for registration” insert “ (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) ”;
in paragraph (b), omit “to his registration”.
Section 102 (officers of the Service) is amended as follows. In subsection (1), at the end insert “ or a Welsh family proceedings officer ”. In subsection (7), after “officer of the Service” insert “ or a Welsh family proceedings officer ”. After that subsection insert—
In section 103 (rights of officers of the Service), in subsections (1) and (2), after “officer of the Service” insert “ or a Welsh family proceedings officer ”.
for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.
Section 40
“ maintained school ” has the meaning given by section 39(1) of the Education Act 2002;
In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after “Criminal Justice and Court Services Act 2000)” insert “ , a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004) ”.
The Criminal Justice and Court Services Act 2000 is amended as follows.
In Schedule 9A, in paragraph 4(4)—
after “or be” insert “ directly ”;
omit “, or have any financial interest in,”.
In section 12 (principal functions of CAFCASS), in subsection (1), after “the welfare of children” insert “ other than children ordinarily resident in Wales ”.
In paragraph 1 of Schedule 2 (members of CAFCASS), for “ten” substitute “ nine ”.
Section 48
Part 10A of the Children Act 1989 (c. 41) is amended as follows.
Section 64
Short title and chapter Extent of repeal Children Act 1989 (c. 41) In Schedule 2, paragraph 1A. Education Act 1996 (c. 56) Section 527A. Education Act 1997 (c. 44) Section 9. School Standards and Framework Act 1998 (c. 31) Section 2. Sections 6 and 7. Sections 26 to 26B. In section 27(2), the words “section 26,”. Section 119(5)(b) and the preceding “and”. Sections 120 and 121. In Schedule 6— paragraph 3(4)(b) and the preceding “and”; paragraph 8(4). In Schedule 30, paragraph 144. Learning and Skills Act 2000 (c. 21) In Schedule 7— paragraph 35(2)(b); paragraph 42(2)(a). In Schedule 9, paragraphs 80 and 81. Adoption and Children Act 2002 (c. 38) Section 5. Education Act 2002 (c. 32) In section 150— subsections (2) to (4); in subsection (5), the words from “and early years development plans” to “childcare plans””.
These repeals come into force—
so far as relating to England, in accordance with provision made by order by the Secretary of State;
so far as relating to Wales, in accordance with provision so made by the Assembly.
Short title and chapter Extent of repeal Children Act 1989 (c. 41) In section 79F(1) and (2), paragraph (b) and the preceding “and”. In section 79G(2), the words “under section 79F(3)”. In Schedule 9A— in paragraph 4(3A)(b), the words “to his registration”; in paragraph 4(4), the words “, or have any financial interest in,”; in the heading before paragraph 7, the word “Annual”.
These repeals come into force—
so far as relating to England, in accordance with provision made by order by the Secretary of State;
so far as relating to Wales, in accordance with provision so made by the Assembly.
Short title and chapter Extent of repeal Disability Discrimination Act 1995 (c. 50) Section 28D(6).
This repeal comes into force—
so far as relating to England, in accordance with provision made by order by the Secretary of State;
so far as relating to Wales, in accordance with provision so made by the Assembly.
Short title and chapter Extent of repeal Children and Young Persons Act 1933 (c. 12) In section 96(7), the words from “Subject to” to “that committee)”. Children and Young Persons Act 1963 (c. 37) In section 56(2)— the words “and subsection (1) of section 3 of the Local Authority Social Services Act 1970”; the words “and section 2 of the said Act of 1970 respectively”. Local Authority Social Services Act 1970 (c. 42) Sections 2 to 5. Local Government Act 1972 (c. 70) Section 101(9)(f). Mental Health Act 1983 (c. 20) In section 14, the words “of their social services department”. Police and Criminal Evidence Act 1984 (c. 60) In section 63B(10), in the definition of “appropriate adult”, the words “social services department”. Local Government and Housing Act 1989 (c. 42) Section 13(2)(c). In Schedule 1, in paragraph 4(2)— in paragraph (a) of the definition of “ordinary sub-committee”, the words from “of the authority's” to “any other sub-committee”; and the definition of “social services committee”. Criminal Justice Act 1991 (c. 53) In sections 43(5) and 65(1)(b) and (1B)(a), the words “social services department”. Crime (Sentences) Act 1997 (c. 43) In section 31(2A)(b), the words “social services department of the”. In Schedule 1, in the table in paragraph 9(6), the words “social services department”. Crime and Disorder Act 1998 (c. 37) The words “social services department” in— section 1AA(9) and (10)(a); section 8(8)(b); section 9(2B)(b); section 11(8)(a); section 18(4)(a); section 39(5)(b); section 65(7)(b); section 98(3) (in the words substituted by that provision). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) The words “social services department” in— section 46(5)(a) and (b); section 69(4)(b), (6)(a) and (10)(a); section 73(5); section 74(5)(b) and (7)(a); section 103(3)(b) and (5)(a); section 162(2)(a) and (b). Local Government Act 2000 (c. 22) Section 102(1). Criminal Justice and Court Services Act 2000 (c. 43) In section 64(6), in the definition of “appropriate adult”, the words “social services department”. Criminal Justice Act 2003 (c. 44) The words “social services department” in— section 158(2)(b); section 161(8)(b); section 199(4)(b); paragraph 5(4) of Schedule 38 (in the words substituted by that provision).
These repeals come into force—
so far as relating to England, in accordance with provision made by order by the Secretary of State;
so far as relating to Wales, in accordance with provision so made by the Assembly.
Short title and chapter Extent of repeal Children and Young Persons Act 1933 (c. 12) Section 1(7).
This repeal comes into force at the same time as section 58.
Short title and chapter Extent of repeal Crime and Disorder Act 1998 (c. 37) Section 12(6)(a) and (7).
These repeals come into force at the same time as section 60.