Children Bill [HL]

House of Lords

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 4 — Advisory and support services for family proceedings
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(7)
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.
5
(8)
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).
(9)
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.
10
(10)
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.
35
Transfer of staff from CAFCASS to Assembly
15
(1)
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.
(2)
A scheme under this section may apply—
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(a)
to any description of employees of CAFCASS;
(b)
to any individual employee of CAFCASS.
(3)
A contract of employment of an employee transferred under a scheme under
this section—
(a)
is not terminated by the transfer; and
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(b)
has effect from the date of the transfer under the scheme as if originally
made between the employee and the Assembly.
(4)
Where an employee is so transferred—
(a)
all the rights, powers, duties and liabilities of CAFCASS under or in
connection with the contract of employment are by virtue of this
30
subsection transferred to the Assembly on the date of the transfer under
the scheme; and
(b)
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.
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This subsection does not prejudice the generality of subsection (3).
(5)
But if the employee informs the Assembly or CAFCASS that he objects to the
transfer—
(a)
subsections (3) and (4) do not apply; and
(b)
his contract of employment is terminated immediately before the date
40
of transfer but the employee is not to be treated, for any reason, as
having been dismissed by CAFCASS.
(6)
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.
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Children Bill [HL]
Part 5 — Miscellaneous
23

(7)
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.
(8)
In this section “CAFCASS” has the same meaning as in section 34.
5
Part 5
Miscellaneous
Private fostering
36
Amendments to notification scheme
(1)
Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered
10
children) is amended as specified in subsections (2) to (6).
(2)
In subsection (1)—
(a)
after “who are” insert “or are proposed to be”;
(b)
after “is being” insert “or will be”;
(c)
for “caring for” substitute “concerned with”.
15
(3)
After subsection (2) insert—
“(2A)
Regulations under subsection (2)(b) may impose requirements as to the
action to be taken by a local authority for the purposes of discharging
their duty under subsection (1) where they have received notification of
a proposal that a child be privately fostered.”
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(4)
In subsection (3) for “to visit privately fostered children” substitute “for the
purpose”.
(5)
In subsection (5)—
(a)
after “child who is” insert “or is proposed to be”;
(b)
after “is being” insert “or will be”.
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(6)
After subsection (5) insert—
“(6)
The Secretary of State may make regulations requiring a local authority
to monitor the way in which the authority discharge their functions
under this Part (and the regulations may in particular require the
authority to appoint an officer for that purpose).”
30
(7)
In Schedule 8 to that Act (privately fostered children) after paragraph 7
insert—
“7A
Every local authority must promote public awareness in their area of
requirements as to notification for which provision is made under
paragraph 7.”
35
37
Power to establish registration scheme in England
(1)
The Secretary of State may by regulations require any person who fosters a
child privately in the area of a children’s services authority in England to be
registered for private fostering by that authority in accordance with the
regulations.
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Children Bill [HL]
Part 5 — Miscellaneous
24

(2)
Regulations under this section may make supplementary provision relating to
the registration of persons for private fostering, including provision as to—
(a)
how a person applies for registration and the procedure to be followed
in considering an application;
(b)
the requirements to be satisfied before a person may be registered;
5
(c)
the circumstances in which a person is disqualified from being
registered;
(d)
the circumstances in which an application for registration may or must
be granted or refused;
(e)
the payment of a fee on the making or granting of an application for
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registration;
(f)
the imposition of conditions on registration and the variation or
cancellation of such conditions;
(g)
the circumstances in which a person’s registration may be, or be
regarded as, cancelled;
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(h)
the making of appeals against any determination of a children’s
services authority in England in relation to a person’s registration;
(i)
temporary registration, or circumstances in which a person may be
regarded as registered;
(j)
requirements to be complied with by a children’s services authority in
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England or a person registered under the regulations.
(3)
The requirements for which provision may be made under subsection (2)(b)
include requirements relating to—
(a)
the suitability of the applicant to foster children privately;
(b)
the suitability of the premises in which it is proposed to foster children
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privately (including their suitability by reference to any other person
living there).
(4)
The provision which may be made under subsection (2)(c) includes provision
that a person may be disqualified where—
(a)
an order of a kind specified in the regulations has been made at any
30
time with respect to him;
(b)
an order of a kind so specified has been made at any time with respect
to any child who has been in his care;
(c)
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;
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(d)
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;
(e)
a prohibition has been imposed on him under any specified enactment;
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(f)
his rights and powers with respect to a child have at any time been
vested in a specified authority under a specified enactment;
(g)
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.
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(5)
The provision which may be made under subsection (2)(c) also includes
provision for a children’s services authority in England to determine whether
a person is or is not to be disqualified.

Children Bill [HL]
Part 5 — Miscellaneous
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(6)
The conditions for which provision may be made under subsection (2)(f)
include conditions relating to—
(a)
the maintenance of premises in which children are, or are proposed to
be, privately fostered;
(b)
any other persons living at such premises.
5
(7)
The provision which may be made under subsection (2)(j) includes—
(a)
a requirement that a person registered under the regulations obtain the
consent of the children’s services authority in England by whom he is
registered before privately fostering a child;
(b)
provision relating to the giving of such consent (including provision as
10
to the circumstances in which, or conditions subject to which, it may or
must be given).
(8)
The provision which may be made under subsection (2)(j) also includes—
(a)
a requirement for a children’s services authority in England to
undertake annual inspections in relation to persons registered under
15
the regulations (whether in fact privately fostering children or not); and
(b)
provision for the payment of a fee by registered persons in respect of
such inspections.
(9)
Regulations under this section may—
(a)
authorise a children’s services authority in England to issue a notice to
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any person whom they believe to be fostering a child privately in their
area without being registered in accordance with the regulations; and
(b)
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
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liable on summary conviction to a fine not exceeding level 5 on the
standard scale.
(10)
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
30
offence and liable on summary conviction to a fine not exceeding level 5 on the
standard scale.
(11)
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—
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(a)
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
(b)
he did not know, and had no reasonable grounds for believing, that that
person was so disqualified.
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(12)
Where regulations under this section make provision under subsection (11),
they must provide that a person who is guilty of the offence referred to in that
subsection is liable on summary conviction to—
(a)
a fine not exceeding level 5 on the standard scale, or
(b)
a term of imprisonment not exceeding six months, or
45
(c)
both.
(13)
Regulations under this section may—

Children Bill [HL]
Part 5 — Miscellaneous
26

(a)
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);
(b)
amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)
(social services functions) as to add functions of a children’s services
5
authority in England under this section to the functions listed in that
Schedule.
(14)
Nothing in this section affects the scope of section 50(1).
(15)
For the purposes of this section references to a person fostering a child
privately have the same meaning as in the Children Act 1989.
10
38
Power to establish registration scheme in Wales
(1)
The Assembly may by regulations require any person who fosters a child
privately in the area of a children’s services authority in Wales to be registered
for private fostering by that authority in accordance with the regulations.
(2)
Subsections (2) to (14) of section 37 apply in relation to regulations under this
15
section as they apply in relation to regulations under that section with the
substitution for references to a children’s services authority in England of
references to a children’s services authority in Wales.
(3)
Subsection (15) of that section applies for the purposes of this section.
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Expiry of powers in sections 37 and 38
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(1)
If no regulations have been made under section 37 by the relevant time, that
section shall (other than for the purposes of section 38(2) and (3)) cease to have
effect at that time.
(2)
If no regulations have been made under section 38 by the relevant time, that
section shall cease to have effect at that time.
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(3)
In this section, the relevant time is the end of the period of four years beginning
with the day on which this Act is passed.
Child minding and day care
40
Child minding and day care
Schedule 4 (which makes provision amending Part 10A of the Children Act
30
1989 in relation to child minding and day care) has effect.
Local authority services
41
Intervention
(1)
Section 497A of the Education Act 1996 (c. 56) (power to secure proper
performance of a local education authority’s functions) applies in relation to—
35
(a)
the relevant functions of a children’s services authority in England, and
(b)
the relevant functions of a children’s services authority in Wales,

as it applies in relation to the functions of a local education authority referred
to in subsection (1) of that section.

Children Bill [HL]
Part 5 — Miscellaneous
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(2)
For the purposes of this section, the relevant functions of a children’s services
authority in England or Wales are—
(a)
functions conferred on or exercisable by the authority which are social
services functions, so far as those functions relate to children;
(b)
the functions conferred on the authority under sections 23C to 24D of
5
the Children Act 1989 (c. 41) (so far as not falling within paragraph (a));
and
(c)
the functions conferred on the authority under sections 6 and 8 above
(in the case of a children’s services authority in England) or under
sections 20 and 23 above (in the case of a children’s services authority
10
in Wales).
(3)
In subsection (2)(a) “social services functions” has the same meaning as in the
the Local Authority Social Services Act 1970 (c. 42).
(4)
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
15
relevant functions of a children’s services authority in England or Wales.
(5)
In the application of sections 497A(2) to (7), 497AA and 497B of that Act in
relation to the relevant functions of a children’s services authority in England
or Wales, references to the local education authority are to be read as references
to the children’s services authority in England or Wales.
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(6)
In subsection (5) of section 497A of that Act, the reference to functions to which
that section applies includes (for all purposes) relevant functions of a
children’s services authority in England or Wales.
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Inspection of local education authorities
(1)
In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for
25
subsection (2) substitute—
“(2)
An inspection of a local education authority under this section shall,
subject to subsection (2A), consist of a review of the way in which the
authority are performing any function of theirs.
(2A)
In the case of a local education authority in England, the reference in
30
subsection (2) to any function of the authority does not include a
function falling within the remit of the Adult Learning Inspectorate
under section 53 of the Learning and Skills Act 2000.”
(2)
In section 28D of the Disability Discrimination Act 1995 (c. 50) (accessibility
strategies and plans), omit subsection (6).
35
43
Duty of local authorities to promote educational achievement
In section 22 of the Children Act 1989 (general duty of local authority in
relation to children looked after by them), after subsection (3) insert—
“(3A)
The duty of a local authority under subsection (3)(a) to safeguard and
promote the welfare of a child looked after by them includes in
40
particular a duty to promote the child’s educational achievement.”
44
Information about individual children
In section 83 of the Children Act 1989 (c. 41) (research and returns of

Children Bill [HL]
Part 5 — Miscellaneous
28

information), after subsection (4) insert—
“(4A)
Particulars required to be transmitted under subsection (3) or (4) may
include particulars relating to and identifying individual children.”
45
Miscellaneous amendments for Parts 2 and 3
(1)
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions
5
which are social services functions), at the end insert—

“Children Act 2004

    Sections 9 to 12 and 24 to 27
Functions relating to Local

Safeguarding Children Boards.”

(2)
In Schedule 2 to the Children Act 1989 (local authority support for children and
10
families), omit paragraph 1A (duty to produce children’s services plans).
Other provisions
46
Fees payable to adoption review panel members
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
15
the payment of expenses of members of a panel) for “expenses of” substitute
“fees to”.
47
Power to give financial assistance
(1)
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
20
childcare) is amended as specified in subsections (2) to (4).
(2)
In subsection (2) of that section (purposes for which assistance may be given),
at the end insert—
“(j)
the promotion of the welfare of children and their parents;
(k)
the provision of support for parenting (including support for
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prospective parents).”
(3)
After that subsection insert—
“(2A)
In subsection (2)(j), “children” means persons under the age of twenty.”
(4)
In the heading to that section, for “childcare” substitute “children etc”.
(5)
In the heading to Part 2 of that Act, for “childcare” substitute “children etc”.
30
48
Child safety orders
(1)
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)
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
35
included in such an order”.