Children Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 3 — Children’s services in Wales
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(b)
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.
(3)
An NHS trust to which section 20 applies must—
(a)
appoint an executive director, to be known as the trust’s “lead
5
executive director for children and young people’s services”, for the
purposes of the trust’s functions under that section; and
(b)
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.
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(4)
Each children’s services authority in Wales, Local Health Board and NHS trust
to which section 20 applies must have regard to any guidance given to them by
the Assembly in relation to—
(a)
their functions under this section;
(b)
the responsibilities of the persons appointed or designated by them
15
under this section.
22
Arrangements to safeguard and promote welfare: Wales
(1)
This section applies to each of the following—
(a)
a children’s services authority in Wales;
(b)
a Local Health Board;
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(c)
an NHS trust all or most of whose hospitals, establishments and
facilities are situated in Wales;
(d)
the police authority and chief officer of police for a police area in Wales;
(e)
a local probation board for an area in Wales;
(f)
a youth offending team for an area in Wales;
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(g)
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);
(h)
any person to the extent that he is providing services pursuant to
arrangements made by a children’s services authority in Wales under
section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth
30
support services).
(2)
Each person and body to whom this section applies must make arrangements
for ensuring that—
(a)
their functions are discharged having regard to the need to safeguard
and promote the welfare of children; and
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(b)
any services provided by another person pursuant to arrangements
made by the person or body in the discharge of their functions are
provided having regard to that need.
(3)
In the case of a children’s services authority in Wales, the reference in
subsection (2) to functions of the authority does not include functions to which
40
section 175 of the Education Act 2002 (c. 32) applies.
(4)
The persons and bodies referred to in subsection (1)(a) to (c) and (h) must in
discharging their duty under this section have regard to any guidance given to
them for the purpose by the Assembly.
(5)
The persons and bodies referred to in subsection (1)(d) to (g) must in
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discharging their duty under this section have regard to any guidance given to

Children Bill [HL]
Part 3 — Children’s services in Wales
16

them for the purpose by the Secretary of State after consultation with the
Assembly.
23
Information sharing: Wales
(1)
The Assembly may for the purpose of arrangements under section 20 or 22
above or under section 175 of the Education Act 2002 (c. 32)—
5
(a)
by regulations require children’s services authorities in Wales to
establish and operate databases containing information in respect of
persons to whom such arrangements relate; or
(b)
itself establish and operate, or make arrangements for the operation
and establishment of, one or more databases containing such
10
information.
(2)
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.
(3)
The Assembly may by regulations make provision in relation to the
15
establishment and operation of any database or databases under this section.
(4)
Regulations under subsection (3) may in particular make provision—
(a)
as to the information which must or may be contained in any database
under this section;
(b)
permitting or requiring the disclosure of information for inclusion in
20
any such database;
(c)
permitting or requiring the disclosure of information included in any
such database;
(d)
permitting or requiring any person to be given access to any such
database for the purpose of adding or reading information;
25
(e)
in a case where a database is established by virtue of subsection (1)(b),
requiring children’s services authorities in Wales to participate in the
operation of the database.
(5)
The information for which provision may be made under subsection (4)(a)
includes in particular—
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(a)
information as to services provided to, or activities carried out in
relation to, a person to whom arrangements referred to in subsection (1)
relate;
(b)
information as to the existence of any cause for concern in relation to
such a person.
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(6)
The provision which may be made under subsection (4)(b) to (d) includes
provision for a person of a description specified in the regulations to determine
what must or may be done under the regulations.
(7)
Regulations under subsection (3) may also provide that anything which must
or may be done under the regulations must or may be done notwithstanding
40
any rule of common law which prohibits or restricts the disclosure of
information.
(8)
Any person or body establishing or operating a database under this section
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
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Assembly.

Children Bill [HL]
Part 3 — Children’s services in Wales
17

(9)
Guidance or directions under subsection (8) may in particular relate to—
(a)
the conditions on which access must or may be given to a database
under this section;
(b)
the management of any such database;
(c)
the technical specifications for any such database;
5
(d)
the security of any such database;
(e)
the transfer of information from one database under this section to
another.
Local Safeguarding Children Boards
24
Establishment of LSCBs in Wales
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(1)
Each children’s services authority in Wales must establish a Local
Safeguarding Children Board for their area.
(2)
A Board established under this section must include such representative or
representatives of—
(a)
the authority by which it is established, and
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(b)
each Board partner of that authority,

as the Assembly may by regulations prescribe.
(3)
For the purposes of this section each of the following is a Board partner of a
children’s services authority in Wales—
(a)
the chief officer of police for a police area any part of which falls within
20
the area of the authority;
(b)
a local probation board for an area any part of which falls within the
area of the authority;
(c)
a Local Health Board for an area any part of which falls within the area
of the authority;
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(d)
an NHS trust all or most of whose hospitals, establishments and
facilities are situated in the area of the authority;
(e)
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);
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(f)
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).
(4)
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
35
prescribed by the Assembly in regulations.
(5)
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.
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(6)
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.
(7)
In the establishment of a Local Safeguarding Children Board under this
section—
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Children Bill [HL]
Part 3 — Children’s services in Wales
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(a)
the authority establishing it must co-operate with each of their Board
partners; and
(b)
each Board partner must co-operate with the authority.
(8)
Two or more children’s services authorities in Wales may discharge their
respective duties under subsection (1) by establishing a Local Safeguarding
5
Children Board for their combined area (and where they do so, any reference
in this section and sections 25 to 27 to the authority establishing the Board shall
be read as a reference to the authorities establishing it).
25
Functions and procedure of LSCBs in Wales
(1)
The objective of a Local Safeguarding Children Board established under
10
section 24 is—
(a)
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
(b)
to ensure the effectiveness of what is done by each such person or body
15
for those purposes.
(2)
A Local Safeguarding Children Board established under section 24 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).
20
(3)
The Assembly may by regulations make provision as to the procedures to be
followed by a Local Safeguarding Children Board established under section 24.
26
Funding of LSCBs in Wales
(1)
Any person or body specified in subsection (2) may make payments towards
expenditure incurred by, or for purposes connected with, a Local Safeguarding
25
Children Board established under section 24—
(a)
by making the payments directly, or
(b)
by contributing to a fund out of which the payments may be made.
(2)
The persons and bodies referred to in subsection (1) are—
(a)
the children’s services authority in Wales by which the Board is
30
established;
(b)
any person who is a Board partner of the authority under section
24(3)(a) to (d);
(c)
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
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(d)
in a case where the director of a contracted out secure training centre or
prison is a Board partner of the authority, the contractor.
27
LSCBs in Wales: supplementary
(1)
The Assembly may by regulations make provision as to the functions of
children’s services authorities in Wales relating to Local Safeguarding
40
Children Boards established by them.
(2)
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.

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
19

Part 4
Advisory and support services for family proceedings
CAFCASS functions in Wales
28
Functions of the Assembly relating to family proceedings
(1)
In respect of family proceedings in which the welfare of children ordinarily
5
resident in Wales is or may be in question, it is a function of the Assembly to—
(a)
safeguard and promote the welfare of the children;
(b)
give advice to any court about any application made to it in such
proceedings;
(c)
make provision for the children to be represented in such proceedings;
10
(d)
provide information, advice and other support for the children and
their families.
(2)
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)).
15
(3)
In subsection (1), “family proceedings” has the meaning given by section 12 of
the Criminal Justice and Court Services Act 2000 (c. 43).
(4)
In this Part, “Welsh family proceedings officer” means—
(a)
any member of the staff of the Assembly appointed to exercise the
functions of a Welsh family proceedings officer; and
20
(b)
any other individual exercising functions of a Welsh family
proceedings officer by virtue of section 29(2) or (4).
29
Ancillary powers of the Assembly
(1)
The Assembly may make arrangements with organisations under which the
organisations perform the functions of the Assembly under section 28 on its
25
behalf.
(2)
Arrangements under subsection (1) may provide for the organisations to
designate individuals who may perform functions of Welsh family
proceedings officers.
(3)
The Assembly may only make an arrangement under subsection (1) if it is of
30
the opinion—
(a)
that the functions in question will be performed efficiently and to the
required standard; and
(b)
that the arrangement represents good value for money.
(4)
The Assembly may make arrangements with individuals under which they
35
may perform functions of Welsh family proceedings officers.
(5)
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 28 may work for the organisation or individual.
(6)
The Assembly may make arrangements with an organisation or individual
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under which any services provided by the Assembly’s staff to the Assembly in

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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the exercise of its functions under section 28 are also made available to the
organisation or individual.
(7)
The Assembly may charge for anything done under arrangements under
subsection (5) and (6).
(8)
In this section, references to organisations include public bodies and private or
5
voluntary organisations.
30
Welsh family proceedings officers
(1)
The Assembly may authorise a Welsh family proceedings officer of a
description prescribed in regulations made by the Secretary of State—
(a)
to conduct litigation in relation to any proceedings in any court,
10
(b)
to exercise a right of audience in any proceedings in any court,

in the exercise of his functions.
(2)
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
section 28(2)(a) of the Courts and Legal Services Act 1990 (c. 41) is to be treated
15
as having acquired that right solely by virtue of this section.
(3)
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 section
27(2)(a) of the Courts and Legal Services Act 1990 is to be treated as having
acquired that right solely by virtue of this section.
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(4)
A Welsh family proceedings officer may, subject to rules of court, be cross-
examined in any proceedings to the same extent as any witness.
(5)
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.
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(6)
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.

.
31
Inspections
(1)
Her Majesty’s Inspectorate of Court Administration must at the request of the
30
Assembly inspect, and report to the Assembly on—
(a)
the discharge by the Assembly of its functions under this Part; and
(b)
the discharge by Welsh family proceedings officers of their functions
under this Part and any other enactment.
(2)
The Assembly may only make a request under subsection (1) with the consent
35
of the Secretary of State.
32
Protection of children
(1)
The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as
if the Assembly, in performing its functions under sections 28 and 29, were a
child care organisation within the meaning of that Act.
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Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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(2)
Arrangements which the Assembly makes with an organisation under section
29(1) must provide that, before selecting an individual to be employed under
the arrangements in a child care position, the organisation—
(a)
must ascertain whether the individual is included in any of the lists
mentioned in section 7(1) of the 1999 Act, and
5
(b)
if he is included in any of those lists, must not select him for that
employment.
(3)
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
10
1999 Act (inclusion in list on reference following disciplinary actions etc), the
organisation must so refer him.
(4)
In this section, “child care position” and “employment” have the same
meanings as in the 1999 Act.
33
Advisory and support services for family proceedings: supplementary
15
Schedule 3 (which makes supplementary and consequential provision relating
to this Part, including provision relating to functions of Welsh family
proceedings officers) has effect.
Transfers
34
Transfer of property from CAFCASS to Assembly
20
(1)
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”).
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(2)
The reference in subsection (1) to rights and liabilities does not include rights
and liabilities under a contract of employment.
(3)
A scheme under this section may—
(a)
specify the property, rights and liabilities to be transferred by the
scheme; or
30
(b)
provide for the determination, in accordance with the scheme, of the
property, rights and liabilities to be transferred by the scheme.
(4)
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.
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(5)
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.
(6)
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
40
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.