Office of Public Sector Information
PART 2 continued
8A (1) Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children.
(2) “Accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86.
(3) The services shall be provided with a view to promoting contact between each accommodated child and that child’s family.
(4) The services may, in particular, include—
(a) advice, guidance and counselling;
(b) services necessary to enable the child to visit, or to be visited by, members of the family;
(c) assistance to enable the child and members of the family to have a holiday together.
(5) Nothing in this paragraph affects the duty imposed by paragraph 10.”
(1) The governing body of a maintained school must designate a member of the staff at the school (“the designated person”) as having responsibility for promoting the educational achievement of registered pupils at the school who—
(a) are being looked after by a local authority; or
(b) fall within subsection (6).
(2) The governing body must ensure that the designated person undertakes appropriate training.
(3) The appropriate national authority may by regulations make provision requiring the governing body of a maintained school to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.
(4) In exercising its functions under this section a governing body of a maintained school must have regard to any guidance issued by the appropriate national authority.
(5) For the purposes of subsection (1)(a) a person is “looked after by a local authority” if the person is—
(a) looked after by a local authority for the purposes of the 1989 Act or the Children (Scotland) Act 1995 (c. 36); or
(b) looked after by an authority for the purposes of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(6) A person falls within this subsection if the person—
(a) is a relevant child within the meaning of section 23A of the 1989 Act or article 34B of the Children (Northern Ireland) Order 1995;
(b) is a former relevant child within the meaning of section 23C of the 1989 Act or article 34D of the Children (Northern Ireland) Order 1995; or
(c) has been looked after by a local authority for the purposes of the Children (Scotland) Act 1995 at any time after attaining the age of 16.
(7) In this section—
“appropriate national authority” means—
in relation to a governing body of a maintained school in England, the Secretary of State;
in relation to a governing body of a maintained school in Wales, the Welsh Ministers;
“maintained school” has the same meaning as in Chapter 1 of Part 3 of the Education Act 2002 (c. 32) (see section 39(1) of that Act);
“registered pupil” has the same meaning as in the Education Act 1996 (c. 56) (see section 434(5) of that Act).
(1) Section 23C of the 1989 Act (continuing functions of local authorities in respect of former relevant children) is amended in accordance with subsections (2) and (3).
(2) After subsection (5) insert—
“(5A) It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person.
(5B) The appropriate national authority may by regulations—
(a) prescribe the relevant amount for the purposes of subsection (5A);
(b) prescribe the meaning of “higher education” for those purposes;
(c) make provision as to the payment of the relevant amount;
(d) make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made.
(5C) The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b).”
(3) In subsection (9) after “subsection (4)(b)” insert “or who is in receipt of a payment under subsection (5A)”.
(4) In section 776 of the Income Tax (Trading and Other Income) Act 2005 (c. 5) (scholarship income) after subsection (2) insert—
“(2A) No liability to income tax arises in respect of income from a payment made under section 23C(5A) of the Children Act 1989 (duty to make payments to former relevant children who pursue higher education).”
(1) In section 23B of the 1989 Act omit subsections (4) to (7).
(2) After section 23C of the 1989 Act insert—
(1) This section applies to a person if—
(a) he is under the age of twenty-five or of such lesser age as may be prescribed by the appropriate national authority;
(b) he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and
(c) he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training.
(2) It is the duty of the responsible local authority to appoint a personal adviser for a person to whom this section applies.
(3) It is the duty of the responsible local authority—
(a) to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and
(b) to prepare a pathway plan for him.
(4) It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it.
(5) The kinds of assistance are—
(a) contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or
(b) making a grant to enable him to meet expenses connected with his education and training.
(6) If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme.
(7) For the purposes of subsection (6), the local authority may disregard any interruption in the person’s pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable.
(8) Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words “and of each of his parents”.
(9) Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies.
(10) Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person’s needs under subsection (3)(a).
(11) In this section “the responsible local authority” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him.”
(3) Section 23E (pathway plans) of the 1989 Act is amended in accordance with subsections (4) and (5).
(4) In subsection (1)(b) after “23B” insert “or 23CA”.
(5) After subsection (1) insert—
“(1A) A local authority may carry out an assessment under section 23B(3) or 23CA(3) of a person’s needs at the same time as any assessment of his needs is made under—
(a) the Chronically Sick and Disabled Persons Act 1970;
(b) Part 4 of the Education Act 1996 (in the case of an assessment under section 23B(3));
(c) the Disabled Persons (Services, Consultation and Representation) Act 1986; or
(d) any other enactment.
(1B) The appropriate national authority may by regulations make provision as to assessments for the purposes of section 23B(3) or 23CA.
(1C) Regulations under subsection (1B) may in particular make provision about—
(a) who is to be consulted in relation to an assessment;
(b) the way in which an assessment is to be carried out, by whom and when;
(c) the recording of the results of an assessment;
(d) the considerations to which a local authority are to have regard in carrying out an assessment.
(1D) A local authority shall keep each pathway plan prepared by them under section 23B or 23CA under review.”
(6) In paragraph 1 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (ineligibility for support) in sub-paragraph (1)(g), after “23C,” insert “23CA,”.
(1) In section 23D(1) of the 1989 Act (power to make provision for personal advisers for certain young persons)—
(a) for “twenty-one” substitute “twenty-five”; and
(b) after paragraph (c) insert “; or
“(d) persons to whom section 23CA applies.”
(2) In section 24B of that Act (assistance in connection with employment, education and training), in subsection (3)(a) for “twenty-four” substitute “twenty-five”.
In section 17(6) of the 1989 Act (nature of services which may be provided by a local authority for children in need, their families and others) omit “, in exceptional circumstances,”.
(1) Paragraph 6 of Schedule 2 to the 1989 Act (provision by local authorities for disabled children) is amended as follows.
(2) The existing provision becomes sub-paragraph (1) of that paragraph.
(3) In that sub-paragraph, after paragraph (b) insert “; and
(c) to assist individuals who provide care for such children to continue to do so, or to do so more effectively, by giving them breaks from caring.”
(4) After that sub-paragraph insert—
“(2) The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the appropriate national authority.”
(1) In section 14(1) of the 2000 Act (cancellation of registration) after paragraph (c) insert—
“(ca) on the ground that—
(i) a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and
(ii) the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;”.
(2) After section 22 of that Act insert—
(1) This section applies if—
(a) a person (“P”) is registered in respect of a relevant establishment or agency; and
(b) the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.
(2) The CIECSS may serve a compliance notice on P.
(3) A compliance notice is a notice which—
(a) states that the CIECSS is of the opinion mentioned in subsection (1)(b);
(b) specifies the requirement with which the CIECSS considers P is failing or has failed to comply;
(c) specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;
(d) specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;
(e) specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;
(f) specifies a period for the taking of those steps; and
(g) explains the effect of subsections (4) and (5).
(4) Failing to take the steps specified in a compliance notice within the period so specified is an offence.
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6) In this section—
(a) a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;
(b) references to a “requirement” are references to a requirement imposed by regulations under—
(i) section 22;
(ii) section 9 of the Adoption Act 1976; or
(iii) section 9 of the Adoption and Children Act 2002.”
After section 22A of the 2000 Act (which is inserted by section 26) insert—
(1) The registration authority may serve a notice on a person who is registered in respect of an establishment to which this section applies imposing on that person the requirement in subsection (2) in relation to that establishment.
(2) The requirement is to ensure that no child is accommodated at the establishment unless the child—
(a) was accommodated there when the notice was served; and
(b) has continued to be accommodated there since the notice was served.
(3) A notice under subsection (1) must—
(a) explain the requirement imposed by the notice;
(b) specify the establishment in relation to which that requirement is imposed;
(c) give the registration authority’s reasons for serving the notice;
(d) explain the right of appeal conferred by section 21.
(4) A notice under subsection (1) ceases to have effect—
(a) at such time as may be specified in the notice;
(b) if the registration authority serves a notice to that effect on the person on whom the notice under subsection (1) was served;
(c) if the Tribunal so directs under section 21(4A) or (4B).
(5) Subsection (6) applies if—
(a) the registration authority serves a notice on a person under subsection (1) or (4)(b); and
(b) one or more other persons are registered in respect of the establishment to which the notice relates.
(6) The registration authority must as soon as practicable serve a notice in the same terms under subsection (1) or (as the case may be) (4)(b) on the persons mentioned in subsection (5)(b).
(7) The reference in subsection (5) to serving a notice on a person does not include a reference to serving a notice on a person in pursuance of subsection (6).
(8) This section applies to the following establishments—
(a) a children’s home;
(b) a residential family centre.”
(1) Section 21 of the 2000 Act (appeals to the Tribunal) is amended in accordance with subsections (2) to (5).
(2) In subsection (1), after paragraph (b) insert “; or
(c) a notice served under section 22B(1)”.
(3) After subsection (2) insert—
“(2A) No appeal against a notice under section 22B(1) may be brought by a person more than 28 days after the notice was served on him.”
(4) After subsection (4) insert—
“(4A) On an appeal against a notice served under section 22B(1) the Tribunal may confirm the notice or direct that it shall cease to have effect.
(4B) If the Tribunal directs that a notice (“the first notice”) under section 22B(1) shall cease to have effect it must direct that any other notice under that section which is connected to the first notice shall also cease to have effect.
(4C) For the purposes of subsection (4B), notices are connected if they impose the requirement mentioned in section 22B(2) in relation to the same establishment.”
(5) In subsection (5) omit “against a decision or order”.
(6) In section 23(4) of that Act (occasions on which national minimum standards are to be taken into account)—
(a) after paragraph (b) insert—
“(ba) by the registration authority in considering whether to serve a notice under section 22B;”; and
(b) in paragraph (c) for “against such a decision or order” substitute “under section 21”.
Before section 31 of the 2000 Act, but after the cross-heading which precedes that section, insert—
(1) This section applies where a person (“P”) is carrying on or managing an establishment or agency mentioned in subsection (6).
(2) If the registration authority—
(a) has decided to adopt a proposal under section 17(4)(a) to cancel the registration of P in respect of the establishment or agency,
(b) has brought proceedings against P for a relevant offence which it alleges P committed in relation to the establishment or agency, or
(c) has served a notice on P under section 22B,
it must as soon as practicable notify each local authority in England and Wales of that fact.
(3) If the registration authority becomes aware of any prescribed circumstances which relate to P it must as soon as practicable notify each local authority in England and Wales of those circumstances.
(4) A notification under this section must contain such information as may be prescribed.
(5) A notification under this section may be transmitted to a local authority electronically if—
(a) the local authority has agreed that notifications may be given to them by being transmitted to an electronic address and in an electronic form specified in the agreement; and
(b) the notification is a notification to which that agreement applies.
(6) The establishments and agencies are—
(a) a children’s home;
(b) a residential family centre;
(c) a fostering agency;
(d) a voluntary adoption agency;
(e) an adoption support agency;
(f) a provider of social work services.
(7) In this section—
“electronic address” includes any number or address used for the purposes of receiving electronic communications;
“electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 the processing of which on receipt is intended to produce writing;
“electronically” means in the form of an electronic communication;
“relevant offence” means an offence under—
this Part;
regulations under this Part;
section 9(4) of the Adoption Act 1976;
regulations under section 9 of the Adoption and Children Act 2002;
“prescribed” means prescribed by regulations made—
in relation to England, by the Secretary of State;
in relation to Wales, by the Welsh Ministers.”
In section 45 of the 1989 Act (emergency protection orders: supplementary provisions) omit subsection (9).
(1) Subsection (2) applies if, under the 1953 Act, a registrar of births and deaths registers the death of a person and the registrar believes that the deceased was or may have been under the age of 18 at the time of death.
(2) The registrar must, before the end of the required period, secure that the appropriate Local Safeguarding Children Board is notified of the particulars of the death entered in the register.
(3) Subsection (4) applies if, under the 1953 Act, an entry in a register kept for a sub-district concerning a death is corrected and the person making the correction believes that the entry relates to a person who was or may have been under the age of 18 at the time of death.
(4) The person who makes the correction must, before the end of the required period, secure that the appropriate Local Safeguarding Children Board is notified of the particulars of the death as corrected.
(5) Subsection (6) applies if, under the 1953 Act, a registrar of births and deaths issues a certificate to the effect that a death is not required by law to be registered in England or Wales but the registrar believes that the deceased was or may have been under the age of 18 at the time of death.
(6) The registrar must, before the end of the required period, secure that the Local Safeguarding Children Board established by the children’s services authority within whose area the registrar’s sub-district is situated is notified—
(a) of the issuing of the certificate; and
(b) of the registrar’s belief and the grounds for it.
(7) The required period is the period of seven days beginning with the day after—
(a) for the purposes of subsection (2), the day on which the death was registered;
(b) for the purposes of subsection (4), the day on which the correction was made; and
(c) for the purposes of subsection (6), the day on which the certificate was issued.
(8) The requirements of this section do not apply if the death occurred before 1 April 2008.
(9) Each Local Safeguarding Children Board must—
(a) make arrangements for the receipt by it of notifications under this section; and
(b) publish those arrangements.
(10) In this section—
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);
“the appropriate Local Safeguarding Children Board” means the Board established by the children’s services authority in England or in Wales within whose area is situated the sub-district for which the register is kept;
“children’s services authority in England” and “children’s services authority in Wales” have the same meaning as in the Children Act 2004 (c. 31).
(1) The Registrar General may supply information to which this section applies—
(a) to the Secretary of State, or
(b) to the Welsh Ministers,
for research purposes.
(2) Information supplied under subsection (1) to the Secretary of State or the Welsh Ministers may be disclosed by them—
(a) to any other person if the disclosure is for research purposes; and
(b) to a Local Safeguarding Children Board for the purposes of its functions.
(3) This section applies to any information that—
(a) is kept by the Registrar General under any provision made by or under an enactment; and
(b) relates to a deceased person who was or may have been under the age of 18 at the time of death.
(4) “For research purposes” means for the purposes of any research that is being or may be conducted or assisted under section 83(1) of the 1989 Act.
(1) Section 83 of the 1989 Act (research and returns of information) is amended as follows.
(2) In subsection (1) after paragraph (a) insert—
“(aa) the functions of Local Safeguarding Children Boards;”.
(3) In subsection (2) after paragraph (a) insert—
“(aa) the functions of Local Safeguarding Children Boards;”.
(4) In subsection (3) after paragraph (b) insert “; and
(c) the performance by the Local Safeguarding Children Board established by them under the Children Act 2004 of all or any of its functions.”
(5) In subsection (9) after paragraph (c) insert—
“(ca) Part 1 of the Adoption and Children Act 2002;
(cb) the Children Act 2004;
(cc) the Children and Young Persons Act 2008.”
Children and Young Persons Act 2008