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(1) It is the general duty of the Secretary of State to promote the well-being of children in England.
(2) The general duty imposed by subsection (1) has effect subject to any specific duties imposed on the Secretary of State.
(3) The activities which may be undertaken or supported in the discharge of the general duty imposed by subsection (1) include activities in connection with parenting.
(4) The Secretary of State may take such action as the Secretary of State considers appropriate to promote the well-being of—
(a) persons who are receiving services under sections 23C to 24D of the 1989 Act; and
(b) persons under the age of 25 of a prescribed description.
(5) The Secretary of State, in discharging functions under this section, must have regard to the aspects of well-being mentioned in section 10(2)(a) to (e) of the Children Act 2004 (c. 31).
(6) In this section—
“children” means persons under the age of 18; and
“prescribed” means prescribed in regulations made by the Secretary of State.
(1) For section 23 of the 1989 Act substitute—
When a child is in the care of a local authority, it is their duty to provide the child with accommodation.
It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation.
(1) This section applies where a local authority are looking after a child (“C”).
(2) The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)).
(3) A person (“P”) falls within this subsection if—
(a) P is a parent of C;
(b) P is not a parent of C but has parental responsibility for C; or
(c) in a case where C is in the care of the local authority and there was a residence order in force with respect to C immediately before the care order was made, P was a person in whose favour the residence order was made.
(4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so—
(a) would not be consistent with C’s welfare; or
(b) would not be reasonably practicable.
(5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available.
(6) In subsection (5) “placement” means—
(a) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent;
(b) placement with a local authority foster parent who does not fall within paragraph (a);
(c) placement in a children’s home in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or
(d) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section.
(7) In determining the most appropriate placement for C, the local authority must, subject to the other provisions of this Part (in particular, to their duties under section 22)—
(a) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection;
(b) comply, so far as is reasonably practicable in all the circumstances of C’s case, with the requirements of subsection (8); and
(c) comply with subsection (9) unless that is not reasonably practicable.
(8) The local authority must ensure that the placement is such that—
(a) it allows C to live near C’s home;
(b) it does not disrupt C’s education or training;
(c) if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together;
(d) if C is disabled, the accommodation provided is suitable to C’s particular needs.
(9) The placement must be such that C is provided with accommodation within the local authority’s area.
(10) The local authority may determine—
(a) the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and
(b) the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004).
(11) The appropriate national authority may make regulations for, and in connection with, the purposes of this section.
(12) In this Act “local authority foster parent” means a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2.
(1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C’s case carried out in accordance with regulations made under section 26.
(2) But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C’s welfare it is necessary—
(a) to make such arrangements; and
(b) to do so as a matter of urgency.
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by an appropriate national authority under section 82(5), they must do so on such terms as that national authority may from time to time determine.
Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).”
(2) Schedule 1 (which makes amendments supplementary to, and consequential on, the provisions of this section, including a power to make regulations about an independent review mechanism for certain decisions in relation to foster parents) has effect.
(3) Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has effect with the modifications specified in Schedule 2.
After section 22F of the 1989 Act (which is inserted by section 8) insert—
(1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2).
(2) The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that—
(a) is within the authority’s area; and
(b) meets the needs of those children.
(3) The children referred to in subsection (2) are those—
(a) that the local authority are looking after,
(b) in respect of whom the authority are unable to make arrangements under section 22C(2), and
(c) whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority’s area.
(4) In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having—
(a) a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and
(b) a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome.
(5) In this section “accommodation providers” means—
local authority foster parents; and
children’s homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.”
(1) After section 25 of the 1989 Act insert—
(1) If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child’s case.
(2) The initial appointment under subsection (1) must be made before the child’s case is first reviewed in accordance with regulations made under section 26.
(3) If a vacancy arises in respect of a child’s case, the local authority must make another appointment under subsection (1) as soon as is practicable.
(4) An appointee must be of a description prescribed in regulations made by the appropriate national authority.
(1) The independent reviewing officer must—
(a) monitor the performance by the local authority of their functions in relation to the child’s case;
(b) participate, in accordance with regulations made by the appropriate national authority, in any review of the child’s case;
(c) ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;
(d) perform any other function which is prescribed in regulations made by the appropriate national authority.
(2) An independent reviewing officer’s functions must be performed—
(a) in such manner (if any) as may be prescribed in regulations made by the appropriate national authority; and
(b) having regard to such guidance as that authority may issue in relation to the discharge of those functions.
(3) If the independent reviewing officer considers it appropriate to do so, the child’s case may be referred by that officer to—
(a) an officer of the Children and Family Court Advisory and Support Service; or
(b) a Welsh family proceedings officer.
(4) If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—
(a) to co-operate with that individual; and
(b) to take all such reasonable steps as that individual may require of them to enable that individual’s functions under this section to be performed satisfactorily.”
(2) After section 25B of that Act (which is inserted by subsection (1)) insert—
(1) In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—
(a) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;
(b) require any functions of the officers to be performed in the manner prescribed by the regulations.
(2) The power to make regulations in this section is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the Welsh Ministers.”
(3) In section 26 of that Act omit—
(a) subsection (2)(k);
(b) subsections (2A) to (2D).
(1) The Secretary of State may by order—
(a) establish a body corporate to discharge such functions as may be conferred on it by the order; or
(b) confer functions on the Service.
(2) An order under this section may confer functions in relation to England in connection with any or all of the following matters (but no others)—
(a) the provision of training for persons appointed or to be appointed as independent reviewing officers;
(b) the accreditation of persons as independent reviewing officers;
(c) the appointment of persons as independent reviewing officers;
(d) the management of persons appointed or accredited as independent reviewing officers.
(3) An order under this section may, in consequence of the conferral of a function by the order, modify any provision made by or under an enactment—
(a) relating to independent reviewing officers;
(b) where the function is conferred on the Service, relating to the Service.
(4) An order under this section which establishes a body corporate may provide—
(a) that the body is to be subject to inspection by the Chief Inspector and may, for that purpose apply, with or without modification, any provision of the Education and Inspections Act 2006 (c. 41);
(b) that the functions of the body must be performed in accordance with directions given by the Secretary of State.
(5) In this section—
“accreditation” means the process by which a person qualifies for, and remains qualified for, appointment as an independent reviewing officer;
“the Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“the Service” means the Children and Family Court Advisory Support Service.
(1) The Welsh Ministers may by order—
(a) establish a body corporate to discharge such functions as may be conferred on it by the order; or
(b) provide for the discharge by them of such functions as may be conferred on them by the order.
(2) An order under this section may confer functions in relation to Wales in connection with any or all of the following matters (but no others)—
(a) the provision of training for persons appointed or to be appointed as independent reviewing officers;
(b) the accreditation of persons as independent reviewing officers;
(c) the appointment of persons as independent reviewing officers;
(d) the management of persons appointed or accredited as independent reviewing officers.
(3) An order under this section may, in consequence of the conferral of a function by the order, modify any provision made by or under an enactment—
(a) relating to independent reviewing officers;
(b) where the function is conferred on the Welsh Ministers, relating to those Ministers.
(4) An order under this section which establishes a body corporate may provide—
(a) that the body is to be subject to inspection by an independent inspector specified in or established by the order, and may for that purpose apply, with or without modifications, any enactment relating to the carrying out of inspections;
(b) that the functions of the body must be performed in accordance with directions given by the Welsh Ministers.
(5) In this section “accreditation” has the same meaning as in section 11.
(1) The conferral of any function by an order under section 11 or 12(1)(a) also confers on the recipient power to do anything which is incidental or conducive to, or designed to facilitate, the discharge of that function.
(2) An order under section 11 or 12 may authorise the recipient to charge fees for the discharge by it of any function conferred by the order.
(3) An order under section 11 or 12 may transfer property, rights and liabilities to the recipient (and may also provide that anything which might otherwise prevent, penalise or restrict such a transfer is not to do so).
(4) Where an order makes provision by virtue of subsection (3) in relation to rights and liabilities relating to an employee it must make provision for the Transfer of Undertakings (Protection of Employment) Regulations 2006 to apply to that transfer.
(5) An order under section 11 or 12 may require the recipient to establish a procedure for dealing with complaints relating to the discharge by it of its functions.
(6) In this section “recipient” means, in relation to a function, the body on which the function is conferred by the order in question, and for this purpose “body” includes the Welsh Ministers.
(1) If no order has been made under section 11 by the relevant time, that section, and section 13 so far as it applies for the purposes of that section, cease to have effect.
(2) If no order has been made under section 12 by the relevant time, that section, and section 13 so far as it applies for the purposes of that section, cease to have effect.
(3) “The relevant time” is the end of the period of 7 years beginning with the day on which this Act is passed.
After section 23 of the 1989 Act insert—
(1) This section applies to—
(a) a child looked after by a local authority;
(b) a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances.
(2) It is the duty of the local authority—
(a) to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”);
(b) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them.
(3) The duties imposed by subsection (2)—
(a) are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;
(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated.
(4) Regulations under this section for the purposes of subsection (3)(a) may make provision about—
(a) the frequency of visits;
(b) circumstances in which a person to whom this section applies must be visited by a representative; and
(c) the functions of a representative.
(5) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.”
(1) After section 23ZA of the 1989 Act (which is inserted by section 15) insert—
(1) A local authority looking after a child must appoint an independent person to be the child’s visitor if—
(a) the child falls within a description prescribed in regulations made by the appropriate national authority; or
(b) in any other case, it appears to them that it would be in the child’s interests to do so.
(2) A person appointed under this section must visit, befriend and advise the child.
(3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person’s functions under this section.
(4) A person’s appointment as a visitor in pursuance of this section comes to an end if—
(a) the child ceases to be looked after by the local authority;
(b) the person resigns the appointment by giving notice in writing to the appointing authority; or
(c) the authority give him notice in writing that they have terminated it.
(5) The ending of such an appointment does not affect any duty under this section to make a further appointment.
(6) Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if—
(a) the child objects to it; and
(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.
(7) Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if—
(a) the child objects to its continuing; and
(b) the authority are satisfied that the child has sufficient understanding to make an informed decision.
(8) If the local authority give effect to a child’s objection under subsection (6) or (7) and the objection is to having anyone as the child’s visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn.
(9) The appropriate national authority may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority.”
(2) Omit paragraph 17 of Schedule 2 to the 1989 Act.
(1) Section 85 of the 1989 Act (children accommodated by health bodies or local education authorities) is amended in accordance with subsections (2) to (5).
(2) In each of subsections (1) and (2), after “notify” insert “the appropriate officer of”.
(3) After subsection (3) insert—
“(3A) In this section and sections 86 and 86A “the appropriate officer” means—
(a) in relation to a local authority in England, their director of children’s services; and
(b) in relation to a local authority in Wales, their lead director for children and young people’s services.”
(4) In subsection (4)—
(a) for “a local authority have” substitute “the appropriate officer of a local authority has”; and
(b) for “they”, where it first occurs, substitute “the local authority”.
(5) After that subsection add—
“(5) For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.”
(6) Section 86 of the 1989 Act (children accommodated in care homes or independent hospitals) is amended in accordance with subsections (7) to (10).
(7) In subsection (1)—
(a) for the words “the home”, in the first place where they occur, substitute “the establishment in question”;
(b) after “notify” insert “the appropriate officer of”; and
(c) for the words “the home”, in the second place where they occur, substitute “the establishment”.
(8) In subsection (2)—
(a) for “the home”, in both places, substitute “the establishment”; and
(b) after “notify” insert “the appropriate officer of”.
(9) In subsection (3)—
(a) for “a local authority have” substitute “the appropriate officer of a local authority has”;
(b) for “they”, where it first occurs, substitute “the local authority”; and
(c) in paragraph (a), for “the home” substitute “the establishment in question”.
(10) In subsection (4) for “home” substitute “care home or independent hospital”.
After section 86 of the 1989 Act insert—
(1) This section applies if the appropriate officer of a local authority—
(a) has been notified with respect to a child under section 85(1) or 86(1); and
(b) has not been notified with respect to that child under section 85(2) or, as the case may be, 86(2).
(2) The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
(3) It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
(4) Regulations under this section may make provision about—
(a) the frequency of visits under visiting arrangements;
(b) circumstances in which visiting arrangements must require a child to be visited; and
(c) additional functions of a representative.
(5) Regulations under this section are to be made by the Secretary of State and the Welsh Ministers acting jointly.
(6) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
(7) In this section “visiting arrangements” means arrangements made under subsection (2).”
After paragraph 8 of Schedule 2 to the 1989 Act insert—
Children and Young Persons Act 2008