Children Bill [HL]

House of Lords

Session 2003 - 04
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Other Bills before Parliament

Children Bill [HL]

Children Bill [HL]
Part 2 — Children’s services in England
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(4)
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.
(5)
A Local Safeguarding Children Board established under this section may also
5
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.
(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
10
relating to children in the area of the authority in question.
(7)
In the establishment of a Local Safeguarding Children Board under this
section—
(a)
the authority establishing it must co-operate with each of their Board
partners; and
15
(b)
each Board partner must co-operate with the authority.
(8)
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 10 to 12 to the authority establishing the Board shall
20
be read as a reference to the authorities establishing it).
10
Functions and procedure of LSCBs
(1)
The objective of a Local Safeguarding Children Board established under
section 9 is—
(a)
to co-ordinate what is done by each person or body represented on the
25
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
for those purposes.
(2)
A Local Safeguarding Children Board established under section 9 is to have
30
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).
(3)
The Secretary of State may by regulations make provision as to the procedures
to be followed by a Local Safeguarding Children Board established under
35
section 9.
11
Funding of LSCBs
(1)
Any person or body specified in subsection (2) may make payments towards
expenditure incurred by, or for purposes connected with, a Local Safeguarding
Children Board established under section 9—
40
(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 England by which the Board is
established;
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Children Bill [HL]
Part 2 — Children’s services in England
9

(b)
any person who is a Board partner of the authority under section 9(3)(a)
to (g);
(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
(d)
in a case where the director of a contracted out secure training centre or
5
prison is a Board partner of the authority, the contractor.
12
LSCBs: supplementary
(1)
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.
10
(2)
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.
Local authority administration
15
13
Director of children’s services
(1)
A children’s services authority in England may, and with effect from the
appointed day must, appoint an officer for the purposes of—
(a)
the functions conferred on or exercisable by the authority which are
specified in subsection (2); and
20
(b)
such other functions conferred on or exercisable by the authority as
may be prescribed by the Secretary of State by regulations.
(2)
The functions referred to in subsection (1)(a) are—
(a)
functions conferred on or exercisable by the authority in their capacity
as a local education authority;
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(b)
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;
(c)
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));
30
(d)
the functions conferred on the authority under sections 6 to 8 of this
Act; and
(e)
any functions exercisable by the authority under section 31 of the
Health Act 1999 (c. 8) on behalf of an NHS body (within the meaning of
that section), so far as those functions relate to children.
35
(3)
Subsection (2)(a) does not include—
(a)
functions under section 120(3) of the Education Reform Act 1988 (c. 40)
(functions of LEAs with respect to higher and further education);
(b)
functions under section 85(2) and (3) of the Further and Higher
Education Act 1992 (c. 13) (finance and government of locally funded
40
further and higher education);
(c)
functions under section 15B of the Education Act 1996 (c. 56) or section
23 of the Learning and Skills Act 2000 (c. 21) (education for persons
who have attained the age of 19);

Children Bill [HL]
Part 2 — Children’s services in England
10

(d)
functions under section 22 of the Teaching and Higher Education Act
1998 (c. 30) (financial support to students);
(e)
such other functions conferred on or exercisable by a children’s services
authority in England in their capacity as a local education authority as
the Secretary of State may by regulations prescribe.
5
(4)
An officer appointed by a children’s services authority in England under this
section is to be known as their “director of children’s services”.
(5)
The director of children’s services appointed by a children’s services 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
10
(1), as the authority consider appropriate.
(6)
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).
(7)
A children’s services authority in England must have regard to any guidance
15
given to them by the Secretary of State for the purposes of this section.
(8)
Two or more children’s services 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
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or all of them.
(9)
The amendments in Schedule 2—
(a)
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
25
(b)
on and after the appointed day have effect for all purposes.
(10)
In this section, “the appointed day” means such day as the Secretary of State
may by order appoint.
14
Lead member for children’s services
(1)
A children’s services authority in England must, in making arrangements for
30
the discharge of—
(a)
the functions conferred on or exercisable by the authority specified in
section 13(1)(a) and (b), and
(b)
such other functions conferred on or exercisable by the authority as the
authority consider appropriate,
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designate one of their members as their “lead member for children’s services”.
(2)
A children’s services authority in England must have regard to any guidance
given to them by the Secretary of State for the purposes of subsection (1).
Inspections of children’s services
15
Joint area reviews
40
(1)
The Secretary of State may by regulations require the persons and bodies to
which this section applies to conduct, at such times or intervals as may be

Children Bill [HL]
Part 2 — Children’s services in England
11

specified in the regulations, reviews of all children’s services provided in the
area of each children’s services authority in England.
(2)
Any two or more of the persons and bodies to which this section applies must,
at the request of the Secretary of State, conduct a review of any children’s
services provided in the area of such children’s services authority in England
5
as may be specified in the request.
(3)
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
children’s services authority in England.
(4)
The purpose of a review under this section is to evaluate the extent to which,
10
taken together, the children’s services being reviewed improve the well-being
of children and relevant young persons.
(5)
The persons and bodies to which this section applies are—
(a)
the Chief Inspector of Schools;
(b)
the Adult Learning Inspectorate;
15
(c)
the Commission for Social Care Inspection;
(d)
the Commission for Healthcare Audit and Inspection;
(e)
the Audit Commission for Local Authorities and the National Health
Service in England and Wales;
(f)
the chief inspector of constabulary;
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(g)
Her Majesty’s Chief Inspector of the National Probation Service for
England and Wales;
(h)
Her Majesty’s Chief Inspector of Court Administration; and
(i)
the Chief Inspector of Prisons.
(6)
Reviews under this section are to be conducted in accordance with
25
arrangements made by the Chief Inspector of Schools.
(7)
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.
(8)
The annual report of the Chief Inspector of Schools required by subsection
30
(7)(a) of section 2 of the School Inspections Act 1996 (c. 57) to be made to the
Secretary of State must include an account of reviews under this section; and
the power conferred by subsection (7)(b) of that section to make other reports
to the Secretary of State includes a power to make reports about such reviews.
(9)
The Secretary of State may by regulations make provision for the purposes of
35
reviews under this section and in particular provision—
(a)
requiring or facilitating the sharing or production of information for the
purposes of a review under this section;
(b)
authorising any person or body conducting a review under this section
to enter any premises for the purposes of the review;
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(c)
imposing requirements as to the making of a report on each review
under this section;
(d)
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
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taken;

Children Bill [HL]
Part 2 — Children’s services in England
12

(e)
for the disapplication, in consequence of a requirement under this
section, of any requirement under any other enactment to conduct a
review, inspection or investigation.
16
Framework
(1)
The Chief Inspector of Schools must devise a Framework for Inspection of
5
Children’s Services (“the Framework”).
(2)
The Framework must, for the purpose specified in subsection (3), set out
principles to be applied by any person or body conducting a relevant
inspection, review or investigation.
(3)
The purpose referred to in subsection (2) is to ensure that relevant inspections,
10
reviews and investigations properly evaluate and report on the extent to which
children’s services improve the well-being of children and relevant young
persons.
(4)
The principles in the Framework may—
(a)
include principles relating to the organisation of the results of any
15
relevant inspection, review or investigation;
(b)
make different provision for different cases.
(5)
For the purposes of subsections (2) to (4) a relevant inspection, review or
investigation is one conducted under any enactment in relation to any
children’s services.
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(6)
When devising the Framework, the Chief Inspector of Schools must consult the
other persons and bodies to which section 15 applies.
(7)
The Chief Inspector of Schools must publish the Framework, but before doing
so must—
(a)
consult such persons and bodies, other than those referred to in
25
subsection (6), as he thinks fit; and
(b)
obtain the consent of the Secretary of State.
(8)
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).
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17
Co-operation and delegation
(1)
Each person or body with functions under any enactment of conducting
inspections, reviews or investigations of children’s services must for the
purposes of those inspections, reviews or investigations co-operate with other
persons or bodies with such functions.
35
(2)
A person or body with functions under any enactment of conducting
inspections, reviews or investigations of children’s services may delegate any
of those functions to any other person or body with such functions.
18
Sections 15 to 17: interpretation
(1)
This section applies for the purposes of sections 15 to 17.
40
(2)
“Children’s services” means anything done for or in relation to children and
relevant young persons (alone or with other persons)—

Children Bill [HL]
Part 3 — Children’s services in Wales
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(a)
in respect of which, apart from section 15, a person or body to which
that section applies conducts any kind of inspection, review or
investigation, or secures that any kind of inspection, review or
investigation is conducted; and
(b)
which is specified in, or of a description prescribed by, regulations
5
made by the Secretary of State.
(3)
“Relevant young persons” means persons, other than children, in relation to
whom arrangements under section 6 may be made.
(4)
“The Chief Inspector of Schools” means Her Majesty’s Chief Inspector of
Schools in England.
10
19
Performance rating of social services
(1)
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—
15
“(a)
a performance rating to that authority in respect of all the
English local authority social services provided by, or pursuant
to arrangements made by, that authority—
(i)
to or so far as relating to persons under the age of
eighteen; or
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(ii)
under sections 23C to 24D of the Children Act 1989; and
(b)
a performance rating to that authority in respect of all other
English local authority social services provided by, or pursuant
to arrangements made by, that authority.”
(2)
In section 81(2) of that Act (duty of the Commission to inform the Secretary of
25
State where it awards the lowest performance rating under section 79), for
“section 79” substitute “section 79(2)(a) or (b)”.
Part 3
Children’s services in Wales
General
30
20
Co-operation to improve well-being: Wales
(1)
Each children’s services authority in Wales must make arrangements to
promote co-operation between—
(a)
the authority;
(b)
each of the authority’s relevant partners; and
35
(c)
such other persons or bodies as the authority consider appropriate,
being persons or bodies of any nature who exercise functions or are
engaged in activities in relation to children in the authority’s area.
(2)
The arrangements are to be made with a view to improving the well-being of
children in the authority’s area so far as relating to —
40
(a)
physical and mental health;
(b)
protection from harm and neglect;
(c)
education and training;

Children Bill [HL]
Part 3 — Children’s services in Wales
14

(d)
the contribution made by them to society;
(e)
social and economic well-being.
(3)
For the purposes of this section each of the following is the relevant partner of
a children’s services authority in Wales—
(a)
the police authority and the chief officer of police for a police area any
5
part of which falls within the area of the children’s services 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;
10
(d)
an NHS trust all or most of whose hospitals, establishments and
facilities are situated in the area of the authority;
(e)
the National Council for Education and Training for Wales.
(4)
The relevant partners of a children’s services authority in Wales must co-
operate with the authority in the making of arrangements under this section.
15
(5)
A children’s services authority in Wales and any of their relevant partners may
for the purposes of arrangements under this section establish and maintain a
pooled fund.
(6)
For the purposes of subsection (5) a pooled fund is a fund—
(a)
which is made up of contributions by the authority and the relevant
20
partner or partners concerned; and
(b)
out of which payments may be made towards expenditure incurred in
the discharge of functions of the authority and functions of the relevant
partner or partners.
(7)
A children’s services authority in Wales and each of their relevant partners
25
must in exercising their functions under this section have regard to any
guidance given to them for the purpose by the Assembly.
(8)
Arrangements under this section may include arrangements relating to—
(a)
persons aged 18 and 19;
(b)
persons over the age of 19 who are receiving—
30
(i)
services under sections 23C to 24D of the Children Act 1989
(c. 41); or
(ii)
youth support services (within the meaning of section 123 of the
Learning and Skills Act 2000 (c. 21)).
21
Responsibility for functions under section 20
35
(1)
A children’s services authority in Wales must—
(a)
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 20; and
(b)
designate one of their members, to be known as the “lead member for
40
children and young people’s services”, to have as his special care the
discharge of the authority’s functions under that section.
(2)
A Local Health Board must—
(a)
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
45
under section 20; and