Section 19: Lead member for children's services

116.     Subsection (1)(a) requires a local authority in England to designate one of their members as lead member for children's services in respect of the functions of the authority set out in section 18(1). Subsection (1)(b) allows individual authorities to allocate to the lead member for children's services any additional functions they consider appropriate.

117.     Further detail on which member should be designated as the lead member (depending on individual authorities' constitutional arrangements), and the role and responsibilities of the lead member will be set out in guidance issued by the Secretary of State under subsection (2).

Sections 20-24: Inspections of children's services

118.     The purpose of these sections is to provide for a unified approach to the inspection of children's services in a local authority area.

Section 20: Joint area reviews

119.     The purpose of this section is to make provision for joint area reviews of children's services (as defined in section 23(3)) to be carried out in the area of each children's services authority or the areas of particular children's services authorities.

120.     Subsection (1) provides that the Secretary of State can request the inspectorates and commissions to draw up a timetable for joint area reviews for his approval. Subsection (1)(a)(i) allows the request to include every children's services authority, depending which authority is being reviewed; subsection (1)(a)(ii) allows the request to cover some but not all of the children's services authorities. Subsection (1)(b) enables the Secretary of State to request two or more of the inspectorates to conduct a review of particular children's services in an area he specifies. Where the Secretary of State makes such a request the inspectorates in question are obliged to conduct the review.

121.     Subsection (2) enables two or more of the inspectorates to conduct a review of a particular local authority's area on their own initiative.

122.     Subsection (3) provides that the purpose of the review 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. The review will, in particular, consider the quality of children's services and how the bodies which provide those services work together.

123.     Subsections (5) and (6) provides that any review must be conducted in accordance with arrangements made by Her Majesty's Chief Inspector of Schools ('Chief Inspector') and before making those arrangements he must consult the inspectorates as he considers appropriate.

124.     Subsection (7) provides that the Chief Inspector's annual report under section 2 (7)(a) of the School Inspections Act 1996 must include an account of reviews carried out under this section.

125.     Subsection (8) enables the Secretary of State to make regulations in relation to reviews under this section. This may include making provision to require the persons or bodies inspected to produce information for the purposes of a review, or to authorise entry to premises for those conducting reviews and provision creating criminal offences to underpin these obligations. By virtue of subsections (9) and (10) provision can be made by applying existing provisions giving the inspectorates powers to conduct assessments for the purpose of reviews under section 20. 'Assessment' for the purposes of the section is defined in section 23(2) (see below). Regulations may also impose requirements as to the making of a report on each review under this section and for specified persons to make written statements of the action they propose to take in light of the report and the period within which such action must or may be taken.

Section 21: Framework

126.     This section makes provision for a Framework for Inspection of Children's Services ('the Framework').

127.     Subsection (1) imposes a duty on the Chief Inspector of Schools to devise the Framework. The purpose of the Framework is to set out the principles which are to be applied by any of the inspectorates when carrying out a relevant assessment (see section 23 (2)) of children's services, including a joint area review under section 20. The purpose of the Framework is to ensure that those 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 may include how the results of an assessment are to be organised and reported by each of the inspectorates, so that their judgement 'ratings' may be aggregated.

128.     Subsection (6) provides that the Chief Inspector must consult the inspectorates when devising the Framework. Subsection (7) provides that before publishing the Framework he must consult any other persons or bodies as he thinks fit and obtain the consent of the Secretary of State. The Framework may be revised (subsection (8)).

Section 22: Co-operation and delegation

129.     Subsection (1) provides that any person or body with functions under any enactment of carrying out assessments of children's services must, for the purposes of those assessments, co-operate with other persons or bodies with such functions.

130.     Subsection (2) enables a person or body with functions of carrying out assessments of children's services to delegate their functions to any other person or body with such functions.

Section 23: Sections 20 to 22: interpretation

131.     This section applies for the purposes of sections 20 to 22.

Section 24: Performance rating of social services

132.     This section amends section 79(2) of the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (annual reviews). Section 79(2) of that Act requires the Commission for Social Care Inspection (CSCI) to review each local authority in England's social services provision annually and award the authority a performance rating. This amendment means that CSCI will award one performance rating in respect of services to children and care leavers (subsection (2)(a)) and another in respect of all other social services (subsection (2)(b)).

PART 3 - CHILDREN'S SERVICES IN WALES

General

Section 25: Co-operation to improve well-being: Wales

133.     As in section 10 in relation to England, the purpose of this section is to create a statutory framework for local co-operation between local authorities in Wales, key partner agencies ("relevant partners") and other relevant bodies ("other bodies or partners"), including the voluntary and community sectors, in order to improve the well-being of children in the area. The duty to make these arrangements is placed on local authorities and a duty to co-operate is placed on the partner agencies listed in subsection (4).

134.     Subsection (1) imposes the duty on each local authority to make arrangements to promote co-operation between the authority, its relevant partners (listed in subsection (4)) and other bodies exercising functions or engaged in activities relating to children in the local authority's area. The duty on each relevant partner to co-operate is in subsection (5)).

135.     Subsection (2) sets out the purposes of the arrangements and subsection (3) requires a local authority, when making those arrangements, to have regard to the importance of parents and other persons caring for children in improving the well-being of children.

136.     Subsection (6) gives a power for all the specified partners to pool budgets and other non-pecuniary resources in support of these arrangements. A pooled fund is defined at subsection (7).

137.     Subsection (8) creates a power for the Assembly to issue guidance on how these arrangements should work. The guidance will be used to explain the expected practical manifestations of co-operation between the core partners and wider relevant bodies, including the voluntary sector and users of services. These will include: effective working together to understand the needs of local children and young people, agreeing the contribution each agency should make to meet those needs, effective sharing of information at a strategic level, and integrated planning of services. The guidance will, in particular, make clear that there is no expectation that Children's Trusts will be created in Wales. Subsection (9) provides that the Assembly must obtain the consent of the Secretary of State before giving guidance under subsection (8) to non-devolved bodies.

Section 26: Children and young people's plans: Wales

138.     This section creates a power for the Assembly, by regulations, to require children's services authorities in Wales to prepare and publish a single plan or a framework of plans for services to children and young people. This is intended to provide for greater coherence as to the precise obligation of children's services authorities and their partners and to give a statutory basis to the Children and Young People's Framework Partnerships and Children's Partnerships that are already in existence. It will rationalise their relationship with the Young People's Partnerships that already have a statutory basis under section 123 of the Learning and Skills Act 2000.

139.     Subsections (2) and (3) set out the particular provisions which regulations under this section may make.

140.     Subsection (4) provides for regulations to require the Assembly's approval of a children's services authority's plan and for the Assembly's modification of such before publication.

141.     Subsection (5) requires a children's services authority to have regard to Assembly guidance in discharging its planning functions.

142.     Subsection (6) provides a definition of 'relevant young persons'.

Section 27: Responsibility for functions under sections 25 and 26

143.     Subsection (1) of this section requires a local authority in Wales to appoint a lead director for children and young people's services with responsibility for co-ordinating and over-seeing the arrangements made under sections 25 and 26. This will not affect the existing service delivery responsibilities of the Chief Education Officer and the Director of Social Services. It is anticipated that an existing director, or even the chief executive, will usually be appointed as the 'lead director'. The lead director will ensure that the partnership planning process is given a high profile within the local authority and acts as a driver for strategic planning for children and young people in the local authority area. At the elected member level his responsibilities will be matched by a 'lead member for children and young people's services'. As with the lead director, the lead member may also hold other responsibilities.

144.     Subsections (2) and (3) require NHS trusts and Local Health Boards, as the local authorities' most significant statutory partners in providing services for children and young people, to appoint lead executive and non-executive directors (in the case of an NHS trust) and a lead officer and member (in the case of a Local Health Board) to deal with the arrangements under section 25. As with local authorities, these persons may also hold other responsibilities.

145.     Subsection (4) provides for the Assembly to give guidance relating to this section. In practice, it is expected that this guidance will be integrated with that under section 25.

Section 28: Arrangements to safeguard and promote welfare: Wales

146.     Reference should be made to the notes in respect of section 11, which makes the equivalent provision in respect of England. This section imposes a duty on specified bodies or persons to make arrangements to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. The aim of this duty is to:

• complement the general co-operation duty (section 25);

• ensure that agencies give appropriate priority to their responsibilities towards children;

• encourage agencies to share early concerns about safety and welfare of children and to ensure preventative action before a crisis develops.

147.     Subsection (1) lists those bodies and persons to whom the section is to apply, and subsection (2) sets out the duty. The reference in subsection (1)(h) to services under section 123 of the Learning and Skills Act 2000 is to youth support services provided as part of the 'Extending Entitlement' initiative.

148.     Subsection (4) provides that those persons and bodies mentioned shall have regard to guidance given to them by the Assembly. In the case of a police authority, a chief officer of police, a local probation board, a youth offending team or a secure establishment the guidance will not be issued by the Assembly but by the Secretary of State after consultation with the Assembly, as stated in subsection (5).

Section 29: Information databases: Wales

149.     The notes to section 12 apply, save that in Wales guidance will be given and directions issued by the Assembly. Regulations under this section may only be made with the consent of the Secretary of State.

Section 30: Inspection of functions under this Part

150.     This section makes provision for the functions of a children's services authority in Wales to be subject to inspection by the Assembly.

Sections 31-34: Local Safeguarding Children Boards: Wales

151.     The notes to sections 13 to 16 apply save that, in Wales, guidance to devolved bodies will be given by the Assembly. Guidance to non-devolved bodies will be given by the Assembly only with the consent of the Secretary of State. Regulations that make provision in relation to Board partners whose functions are not devolved to the Assembly may only be made with the consent of the Secretary of State.

PART 4 - ADVISORY AND SUPPORT SERVICES FOR FAMILY PROCEEDINGS

CAFCASS functions in Wales

Section 35: Functions of the Assembly relating to family proceedings

152.     This section confers on the Assembly the functions currently carried out for England and Wales by the Children and Family Court Advice and Support Service (CAFCASS). CAFCASS serves the Family Division of the High Court, county courts (including care centres), and family proceedings courts. The service safeguards and promotes the welfare of the children before courts dealing with family proceedings; gives advice to any court about any application made to it in such proceedings; makes provision for the children to be represented in such proceedings; and provides information, advice and other support for the children and their families.

153.     The intention is that, following the coming into force of this section, responsibility for the welfare of children who are ordinarily resident in Wales who are or may be the subject of family proceedings as defined, will devolve to the Assembly. For all other children, responsibility will be retained by CAFCASS, although it is anticipated that there may be agreed reallocation of cases between CAFCASS officers and Welsh family proceedings officers, as defined in subsection (4).

154.     Subsection (2) provides that the Assembly must ensure that arrangements are made to enable Welsh family proceedings officers to exercise their duty as imposed by any enactment.

Section 36: Ancillary powers of the Assembly

155.     Subsection (1) allows the Assembly to make arrangements with organisations to perform its functions under section 35. This would give the Assembly the option of contracting with some other body to perform the functions on its behalf. Subsection (8) makes it clear that such a body could be in the public, private, or voluntary sectors.

156.     Subsection (2) allows any organisation doing this work to designate individuals to carry out functions of Welsh family proceedings officers.

157.     Subsection (3) sets conditions of quality and value for money if the Assembly is to make arrangements with another organisation.

158.     Subsection (4) enables the Assembly to make arrangements with individuals, such as self-employed practitioners, to carry out functions of Welsh family proceedings officers.

159.     Subsections (5) and (6) allow the Assembly to second staff and provide services to those carrying out the functions, while subsection (7) allows it to charge for doing so.

Section 37: Welsh family proceedings officers

160.     Subsection (1) provides that the Assembly may authorise a Welsh family proceedings officer to conduct litigation in relation to any proceedings in any court and to exercise a right of audience in any proceedings before any court, in the exercise of his functions as a Welsh family proceedings officer if he is of a description as prescribed by the Secretary of State.

161.     By virtue of subsections (2) and (3) a Welsh family proceedings officer exercising a right to conduct litigation, or the right of audience under this section, is treated as having acquired that right solely by virtue of this section, and not by virtue of any qualification which he might have.

Section 38: Inspections

162.     This section allows the Assembly to request inspection and report on the relevant activities of the Assembly and Welsh family proceedings officers post devolution. Such a request will require the agreement of the Secretary of State as having responsibility for the inspectorate.

Section 39: Protection of children

163.     Subsection (1) applies the Protection of Children Act 1999 to the Assembly as though it were a childcare organisation for the purposes of the functions of the Assembly under this part. The Protection of Children Act relates to the suitability of people to work with children, and the section also provides for the Assembly to ensure that appropriate mechanisms are in place in any organisations carrying out the functions on the Assembly's behalf in order that the Assembly can be satisfied that persons employed by that organisation are suitable.

Section 40: Advisory and support services for family proceedings: supplementary

164.     The section brings Schedule 3 into effect.

Schedule 3 - Advisory and support services for family proceedings

165.     The amendments in paragraphs 2 to 11 and 15 to 18 of the Schedule make provision relating to 'Welsh family proceedings officers' and their functions. In particular, the amendments confer the same functions on Welsh family proceedings officers as currently exist for officers of CAFCASS.

166.     The amendment in paragraph 13 limits the functions of CAFCASS to children other than those ordinarily resident in Wales.

167.     The amendment in paragraph 14 makes consequential provision relating to the membership of CAFCASS.

Section 41: Sharing of information

168.     This section provides for the Assembly and CAFCASS to be given powers for the mutual exchange of information where such information will clearly be in the interests of those children who are the subject of family proceedings and where it is in the interests of good practice and management issues. Subsection (2) provides for corresponding powers to be given to individual officers of both organisations.

Transfers

Section 42: Transfer of property from CAFCASS to Assembly

169.     This section provides for a scheme agreed by the Secretary of State and Assembly to provide for the transfer of property, rights, and liabilities from CAFCASS to the Assembly.

Section 43: Transfer of staff from CAFCASS to Assembly

170.     The Secretary of State and the Assembly may make a scheme under this section for the transfer of employees from CAFCASS to the Assembly in order to enable the exercise of the new functions conferred on the Assembly. Under the scheme, the Assembly would inherit the responsibilities of CAFCASS as employer as though the original contract of employment had been with the Assembly and not with CAFCASS.

171.     Subsection (5) provides that, should any employee object to transfer, then he is not to be transferred, his contract is terminated immediately before transfer and he is not to be treated as though he had been dismissed. The section does not prevent an employee from ending his contract if a substantial detrimental change is made to working conditions.

172.     Subsection (7) makes it a prerequisite to the making of a scheme for any prescribed requirement as to consultation with CAFCASS employees to have been complied with.

Private fostering

Section 44: Amendments to notification scheme

173.     The law on private fostering arrangements and the role of local authorities with respect to them is set out in Part 9 of, and Schedule 8 to, the Children Act 1989 and in the Children (Private Arrangements for Fostering) Regulations 1991.

174.     A privately fostered child is one who is under the age of 16 (under 18 if he is disabled) and who is cared for and accommodated by someone other than a parent, other person with parental responsibility or close relative. A child is not privately fostered if the person caring for them has done so for fewer than 28 days and does not intend to do so longer than that. There are a number of exemptions from this definition set out in Schedule 8 to the Children Act 1989.

175.     The current legislative provisions relating to private fostering, referred to in these notes as the notification scheme, require those involved in a private fostering arrangement to give the local authority advance notice of it. Privately fostered children are not 'looked after' children in the terms of section 22 of the Children Act 1989 and local authorities do not get involved in the making of such arrangements, but they have to satisfy themselves that the welfare of privately fostered children in their area is satisfactorily safeguarded and promoted. They also have powers to impose requirements on arrangements and to prohibit them altogether.

176.     The amendments in subsections (2) to (5) extend the duties of local authorities in cases where a child is proposed to be, but is not yet, privately fostered.

177.     Subsection (2) amends section 67(1) of the Children Act 1989, under which local authorities are required to satisfy themselves that the welfare of privately fostered children is being satisfactorily safeguarded and promoted, so that the duty also applies in respect of children who are proposed to be privately fostered.

178.     Subsection (2) also amends the duty on local authorities under section 67(1), which requires them to secure that such advice is given to those caring for privately fostered children as appears to the authorities to be needed. The amendment extends the duty to include advice to prospective foster carers and/or to parents. The intention is that local authorities should be able to give such advice, for example, where one proposed fostering arrangement has been prohibited by the local authority and no other is currently contemplated. The parents may need advice then on what alternative arrangements can be made for the care of their child.

179.     Section 67(2) of the Children Act 1989 gives the Secretary of State the power to make regulations about visits by the local authority to privately fostered children and imposing requirements which are to be met by local authorities in carrying out their functions under section 67.

180.     The new subsection (2A), inserted by section 44(3), provides that the regulations made under section 67(2)(b) may say what local authorities have to do when they are told that a child is going to be privately fostered. The intention is that these regulations will require local authorities to carry out proper checks on, and satisfy themselves of the suitability of, a proposed arrangement or exercise their powers to prohibit, or impose requirements on, the arrangement before the child is privately fostered.

181.     Subsection (4) amends section 67(3) of the Children Act 1989. The existing reference in this section to a person authorised "to visit privately fostered children" was not very apt for a case where he is, under this provision, inspecting premises for children who are proposed to be privately fostered.

182.     Subsection (5) amends section 67(5) so that the current duties of a local authority where it is not satisfied that the welfare of a privately fostered child is being satisfactorily safeguarded or promoted will apply in the case of children who are proposed to be privately fostered.

183.     New section 67(6), inserted by subsection (6), gives the Secretary of State the power to make regulations requiring local authorities to monitor the way in which they discharge their functions under Part 9 of the Children Act 1989. It is intended that such monitoring might include keeping a record of notifications received, monitoring compliance with timescales for visits and recording any prohibitions or requirements imposed along with reports of any visits and the outcomes of notifications. This information could then be collated in an annual report to Local Safeguarding Children Boards. The intention of this provision is to increase the focus of local authorities on private fostering.

184.     Subsection (7) inserts a new paragraph 7A into Schedule 8 of the Children Act 1989. This will require local authorities to raise public awareness of the requirement to notify the local authority of private fostering arrangements.

185.     Subsection (8) provides that the new regulation-making powers inserted into the Children Act 1989 by this section will, with respect to Wales, be exercised by the National Assembly for Wales.