Children and Social Work Act 2017

Part 1 E+W+S Children

CHAPTER 1 E+W+S Looked after children

Corporate parenting principles for English local authorities E+W

1 Corporate parenting principles E+W

(1) A local authority in England must, in carrying out functions in relation to the children and young people mentioned in subsection (2), have regard to the need—

(a) to act in the best interests, and promote the physical and mental health and well-being, of those children and young people;

(b) to encourage those children and young people to express their views, wishes and feelings;

(c) to take into account the views, wishes and feelings of those children and young people;

(d) to help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;

(e) to promote high aspirations, and seek to secure the best outcomes, for those children and young people;

(f) for those children and young people to be safe, and for stability in their home lives, relationships and education or work;

(g) to prepare those children and young people for adulthood and independent living.

(2) The children and young people mentioned in this subsection are—

(a) children who are looked after by a local authority, within the meaning given by section 22(1) of the Children Act 1989;

(b) relevant children within the meaning given by section 23A(2) of that Act;

(c) persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act.

(3) In this section—

• “local authority in England” means—

  (a)

  a county council in England;

  (b)

  a district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London (in their capacity as a local authority);

  (e)

  the Council of the Isles of Scilly;

  (f)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “relevant partners”, in relation to a local authority, has the meaning given by section 10(4) of the Children Act 2004.

(4) A local authority in England must have regard to any guidance given by the Secretary of State as to the performance of the duty under subsection (1).

Commencement Information

I1 S. 1 in force at 1.4.2018 by S.I. 2018/346, reg. 4(a)

Care leavers in England E+W

2 Local offer for care leavers E+W

(1) A local authority in England must publish information about—

(a) services which the local authority offers for care leavers as a result of its functions under the Children Act 1989;

(b) other services which the local authority offers that may assist care leavers in, or in preparing for, adulthood and independent living.

(2) For the purposes of subsection (1), services which may assist care leavers in, or in preparing for, adulthood and independent living include services relating to—

(a) health and well-being;

(b) relationships;

(c) education and training;

(d) employment;

(e) accommodation;

(f) participation in society.

(3) Where it considers appropriate, a local authority in England must publish information about services for care leavers offered by others which the local authority has power to offer as a result of its functions under the Children Act 1989.

(4) Information required to be published by a local authority under this section is to be known as its “local offer for care leavers”.

(5) A local authority must update its local offer for care leavers from time to time, as appropriate.

(6) Before publishing its local offer for care leavers (or any updated version) a local authority must consult relevant persons about which of the services offered by the local authority may assist care leavers in, or in preparing for, adulthood and independent living.

(7) In this section—

• “care leavers” means—

  (a)

  eligible children within the meaning given by paragraph 19B of Schedule 2 to the Children Act 1989;

  (b)

  relevant children within the meaning given by section 23A(2) of that Act;

  (c)

  persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act;

  (d)

  persons qualifying for advice and assistance within the meaning given by section 24 of that Act;

• “local authority in England” means—

  (a)

  a county council in England;

  (b)

  a district council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London (in their capacity as a local authority);

  (e)

  the Council of the Isles of Scilly;

  (f)

  a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “relevant persons”, in relation to a local authority, means such care leavers and other persons as appear to the local authority to be representative of care leavers in its area.

Commencement Information

I2 S. 2 in force at 1.4.2018 by S.I. 2018/346, reg. 4(b)

3 Advice and support E+W

(1) The Children Act 1989 is amended as follows.

(2) After section 23CZA insert—

“23CZB England: further advice and support

(1) This section applies to a former relevant child if—

(a) he or she has reached the age of 21 but not the age of 25, and

(b) a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).

(2) If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).

(3) The local authority must provide the former relevant child with a personal adviser until the former relevant child—

(a) reaches the age of 25, or

(b) if earlier, informs the local authority that he or she no longer wants a personal adviser.

(4) The local authority must—

(a) carry out an assessment in relation to the former relevant child under subsection (5), and

(b) prepare a pathway plan for the former relevant child.

(5) An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—

(a) whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and

(b) if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.

(6) The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).

(7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—

(a) as soon as possible after he or she reaches the age of 21, and

(b) at least once in every 12 months.

(8) In this section “former relevant child” has the meaning given by section 23C(1).”

(3) In section 23CA (further assistance to pursue education or training) for subsection (2) substitute—

“(2) It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.”

(4) In section 23D (personal advisers) after subsection (2) insert—

“(3) Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.

(4) Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).”

(5) Section 23E (pathway plans) is amended as follows.

(6) In subsection (1) (contents of pathway plan), after paragraph (a) (but before the “and” at the end) insert—

“(aa) in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide;”.

(7) After subsection (1) insert—

“(1ZA) A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).”

(8) In subsection (1A) (statutory assessments that may be carried out at the same time as assessment relating to a pathway plan) after “23B(3)” insert “ , 23CZB(5) ”.

(9) In subsection (1B) (regulations about assessments) after “23B(3)” insert “ , 23CZB(5) ”.

(10) In subsection (1D) (pathway plans to be kept under review) after “23B” insert “ , 23CZB ”.

Commencement Information

I3 S. 3 in force at 1.4.2018 by S.I. 2018/346, reg. 4(c)

Educational achievement in England E+W

4 Duty of local authority in relation to previously looked after children E+W

Before section 23ZA of the Children Act 1989 (and the italic heading before it) insert—

“Educational achievement of previously looked after children E+W

23ZZA Information and advice for promoting educational achievement

(1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.

(2) The advice and information must be made available to—

(a) any person who has parental responsibility for the child,

(b) the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and

(c) any other person that the local authority consider appropriate.

(3) A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.

(4) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).

(5) The person appointed for that purpose must be an officer employed by the authority or another local authority in England.

(6) In this section—

“relevant child” means—

(a)

a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—

(i)

a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,

(ii)

a special guardianship order, or

(iii)

an adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, or

(b)

a child who appears to the local authority—

(i)

to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and

(ii)

to have ceased to be in that state care as a result of being adopted.

(7) For the purposes of this section a child is educated in a local authority's area if—

(a) the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or

(b) the child is of compulsory school age and—

(i) the child attends a school in the local authority's area, or

(ii) if the child does not attend school, the child receives all or most of his or her education in the local authority's area.

(8) For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

(c) any other organisation the sole or main purpose of which is to benefit society.”

Commencement Information

I4 S. 4 in force at 1.9.2018 by S.I. 2018/497, reg. 4(a)

5 Maintained schools: staff member for previously looked after pupils E+W

After section 20 of the Children and Young Persons Act 2008 insert—

“20A Designated staff member for previously looked after pupils

(1) The governing body of a maintained school in England must—

(a) designate a member of the staff at the school (the “designated person”) as having responsibility for promoting the educational achievement of registered pupils within subsection (2), and

(b) ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State.

(2) A registered pupil is within this subsection if the pupil—

(a) was looked after by a local authority but ceased to be looked after by them as a result of—

(i) a child arrangements order (within the meaning given by section 8(1) of the 1989 Act) which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,

(ii) a special guardianship order (within the meaning given by section 14A(1) of the 1989 Act), or

(iii) an adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002), or

(b) appears to the governing body—

(i) to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and

(ii) to have ceased to be in that state care as a result of being adopted.

(3) The Secretary of State may by regulations require the governing body of a maintained school in England to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.

(4) In exercising its functions under this section the governing body of a maintained school in England must have regard to any guidance issued by the Secretary of State.

(5) For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the 1989 Act or Part 6 of the 2014 Act.

(6) For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

(c) any other organisation the sole or main purpose of which is to benefit society.

(7) In this section—

• “maintained school” has the meaning given by section 39(1) of the Education Act 2002;

• “registered pupil” has the meaning given by section 434(5) of the Education Act 1996.”

Commencement Information

I5 S. 5 in force at 1.9.2018 by S.I. 2018/497, reg. 4(b)

6 Academies: staff member for looked after and previously looked after pupils E+W

(1) After section 2D of the Academies Act 2010 insert—

“2E Provision about staff member for looked after and previously looked after pupils

(1) An Academy agreement must include provision requiring the proprietor of the Academy—

(a) to designate a member of staff at the Academy (the “designated person”) as having responsibility for promoting the educational achievement of relevant pupils at the Academy,

(b) to ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State, and

(c) in complying with provision included in the agreement by virtue of paragraph (a) or (b), to have regard to any guidance issued by the Secretary of State.

(2) An Academy agreement made before the day on which section 6 of the Children and Social Work Act 2017 (which inserts this section) comes fully into force is to be treated as if it included the provision required by subsection (1).

(3) The Secretary of State may by regulations—

(a) require an Academy agreement to include provision requiring the proprietor of the Academy—

(i) to ensure that a designated person has qualifications or experience (or both) prescribed by the regulations, and

(ii) in complying with provision included in the agreement by virtue of sub-paragraph (i), to have regard to any guidance issued by the Secretary of State;

(b) provide that an Academy agreement made before the day on which the regulations come into force is to be treated as if it included any provision required under paragraph (a).

(4) In this section—

• “pupil”—

  (a)

  in relation to an Academy school or an alternative provision Academy, means a registered pupil at the Academy;

  (b)

  in relation to a 16 to 19 Academy, means a person receiving education at the Academy;

• “relevant pupil”, in relation to Academy, means a pupil at the Academy who—

  (a)

  is looked after by a local authority,

  (b)

  was looked after by a local authority but has ceased to be so looked after as a result of a relevant order, or

  (c)

  appears to the proprietor of the Academy—

  (i)

  to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, and

  (ii)

  to have ceased to be in that state care as a result of being adopted;

• “relevant order” means—

  (a)

  a child arrangements order (within the meaning given by section 8(1) of the Children Act 1989) which includes arrangements relating to—

  (i)

  with whom a child is to live, or

  (ii)

  when a child is to live with any person,

  (b)

  a special guardianship order (within the meaning given by section 14A(1) of the Children Act 1989), or

  (c)

  an adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002).

(5) For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(6) For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—

(a) a public authority,

(b) a religious organisation, or

(c) any other organisation the sole or main purpose of which is to benefit society.

(7) For the purposes of section 569 of EA 1996 (as applied by section 17(4)), regulations under subsection (3)(b) are to be treated as if the statutory instrument containing them fell within subsection (2A) of that section (regulations subject to affirmative procedure).”

(2) After section 2 of the Academies Act 2010 insert— “ Provision to be included in Academy agreements ”.

Commencement Information

I6 S. 6 in force at 1.9.2018 by S.I. 2018/497, reg. 4(c)

7 Maintained schools: guidance for staff member for looked after pupils E+W

In section 20 of the Children and Young Persons Act 2008 (designated staff member for looked after pupils) after subsection (2) insert—

“(2A) If the school is in England, the governing body must ensure that the designated person has regard to any guidance issued by the Secretary of State.”

Commencement Information

I7 S. 7 in force at 1.9.2018 by S.I. 2018/497, reg. 4(d)

Care and adoption proceedings in England and Wales E+W

8 Care orders: permanence provisions E+W

In section 31 of the Children Act 1989 (care and supervision orders), for subsection (3B) substitute—

“(3B) For the purposes of subsection (3A), the permanence provisions of a section 31A plan are—

(a) such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—

(i) the child to live with any parent of the child's or with any other member of, or any friend of, the child's family;

(ii) adoption;

(iii) long-term care not within sub-paragraph (i) or (ii);

(b) such of the plan's provisions as set out any of the following—

(i) the impact on the child concerned of any harm that he or she suffered or was likely to suffer;

(ii) the current and future needs of the child (including needs arising out of that impact);

(iii) the way in which the long-term plan for the upbringing of the child would meet those current and future needs.”

Commencement Information

I8 S. 8 in force at 31.10.2017 by S.I. 2017/918, reg. 2(a)

9 Adoption: duty to have regard to relationship with adopters E+W

In section 1(4) of the Adoption and Children Act 2002 (matters to which court is to have regard in coming to a decision relating to the adoption of a child), in paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert “ with any person who is a prospective adopter with whom the child is placed, ”.

Commencement Information

I9 S. 9 in force at 31.10.2017 by S.I. 2017/918, reg. 2(b)

Secure accommodation E+W+S

10 Placing children in secure accommodation elsewhere in Great Britain E+W+S

Schedule 1 contains amendments relating to—

(a) the placement by local authorities in England and Wales of children in secure accommodation in Scotland, and

(b) the placement by local authorities in Scotland of children in secure accommodation in England and Wales.

Chapter 1: consequential amendments E+W

11 Chapter 1: consequential amendments E+W

Schedule 2 contains amendments consequential on this Chapter.

Commencement Information

I10 S. 11 in force at 1.4.2018 by S.I. 2018/346, reg. 4(d)

CHAPTER 2 E+W Safeguarding of children

Child Safeguarding Practice Review Panel E+W

12 Child Safeguarding Practice Review Panel E+W

In the Children Act 2004, before section 17 insert—

“Child Safeguarding Practice Review Panel E+W

16A Child Safeguarding Practice Review Panel

(1) The Secretary of State must establish a panel to be known as the Child Safeguarding Practice Review Panel.

(2) The Secretary of State may make any arrangements that the Secretary of State considers appropriate for the establishment of the Panel in accordance with this section.

(3) The Panel is to consist of a chair and members appointed by the Secretary of State.

(4) A person may be appointed for a particular period or otherwise.

(5) The Secretary of State may remove the chair or a member of the Panel if satisfied that the chair or member—

(a) has become unfit or unable to discharge his or her functions properly, or

(b) has behaved in a way that is not compatible with continuing in office.

(6) The arrangements that may be made by the Secretary of State under subsection (2) include arrangements about—

(a) the Panel's proceedings;

(b) annual or other reports.

(7) The Secretary of State may provide staff, facilities or other assistance to the Panel (and the arrangements that may be made under this section include arrangements about those matters).

(8) The Secretary of State may pay remuneration or expenses to the chair and members of the Panel.”

Commencement Information

I11 S. 12 in force at 29.6.2018 by S.I. 2018/497, reg. 3(a)

13 Functions of the Panel E+W

In the Children Act 2004, after section 16A (inserted by section 12), insert—

“16B Functions of the Panel

(1) The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State—

(a) to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and

(b) where they consider it appropriate, to arrange for those cases to be reviewed under their supervision.

(2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.

(3) Where the Panel arrange for a case to be reviewed under their supervision, they must—

(a) ensure that the reviewer provides a report on the outcome of the review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) that the report is of satisfactory quality;

(c) provide the report to the Secretary of State.

(4) The Panel must publish the report, unless they consider it inappropriate to do so.

(5) If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.

(6) Regulations under this section may include provision about—

(a) criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;

(b) eligibility for appointment as a reviewer;

(c) the selection process for appointment of a reviewer;

(d) the person who is to select a reviewer;

(e) the supervisory powers of the Panel in relation to a reviewer;

(f) removal of a reviewer;

(g) payments of remuneration or expenses to a reviewer by the Secretary of State;

(h) the procedure for a review;

(i) the form and content of a report;

(j) the time when a report is to be provided to the Secretary of State, or published.

(7) The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section.

(8) Guidance given by the Secretary of State may include guidance about—

(a) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.

(9) In this section—

• a “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel;

• “safeguarding partners” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);

• “serious child safeguarding cases” means cases in which—

  (a)

  abuse or neglect of a child is known or suspected by a local authority or another person exercising functions in relation to children, and

  (b)

  the child has died or been seriously harmed;

• “serious harm” includes serious or long-term impairment of mental health or intellectual, emotional, social or behavioural development.”

Commencement Information

I12 S. 13 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(a)

I13 S. 13 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(b)

14 Events to be notified to the Panel E+W

In the Children Act 2004, after section 16B (inserted by section 13), insert—

“16C Events to be notified to the Panel

(1) Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if—

(a) the child dies or is seriously harmed in the local authority's area, or

(b) while normally resident in the local authority's area, the child dies or is seriously harmed outside England.

(2) A local authority in England must have regard to any guidance given by the Secretary of State in connection with their functions under this section.

(3) In this section “serious harm” has the meaning given by section 16B(9).”

Commencement Information

I14 S. 14 in force at 29.6.2018 by S.I. 2018/497, reg. 3(c)

15 Information E+W

In the Children Act 2004, after section 16C (inserted by section 14), insert—

“16D Information

(1) The Child Safeguarding Practice Review Panel may, for the purpose of enabling or assisting the performance of a function conferred by section 16B, request a person or body to provide information specified in the request to—

(a) the Panel,

(b) a reviewer, or

(c) another person or body specified in the request.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The Panel may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the Panel, reviewer, or other person or body to whom it is provided only for the purpose mentioned in subsection (1).

(5) In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel.”

Commencement Information

I15 S. 15 in force at 29.6.2018 by S.I. 2018/497, reg. 3(d)

Local arrangements for safeguarding and promoting welfare of children E+W

16 Local arrangements for safeguarding and promoting welfare of children E+W

After section 16D of the Children Act 2004 (inserted by section 15 of this Act) insert—

“Safeguarding partners for local authority areas E+W

16E Local arrangements for safeguarding and promoting welfare of children

(1) The safeguarding partners for a local authority area in England must make arrangements for—

(a) the safeguarding partners, and

(b) any relevant agencies that they consider appropriate,

to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.

(2) The arrangements must include arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area.

(3) In this section—

• “relevant agency”, in relation to a local authority area in England, means a person who—

  (a)

  is specified in regulations made by the Secretary of State, and

  (b)

  exercises functions in that area in relation to children;

• “safeguarding partner”, in relation to a local authority area in England, means—

  (a)

  the local authority;

  (b)

  a clinical commissioning group for an area any part of which falls within the local authority area;

  (c)

  the chief officer of police for a police area any part of which falls within the local authority area.”

Commencement Information

I16 S. 16 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(b)

I17 S. 16 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(e)

17 Local child safeguarding practice reviews E+W

After section 16E of the Children Act 2004 (inserted by section 16 of this Act) insert—

“16F Local child safeguarding practice reviews

(1) The safeguarding partners for a local authority area in England must make arrangements in accordance with this section—

(a) to identify serious child safeguarding cases which raise issues of importance in relation to the area, and

(b) for those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate.

(2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.

(3) Where a case is reviewed under the supervision of the safeguarding partners, they must—

(a) ensure that the reviewer provides a report on the outcome of the review;

(b) ensure—

(i) that the reviewer makes satisfactory progress, and

(ii) that the report is of satisfactory quality;

(c) provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.

(4) The safeguarding partners must publish the report, unless they consider it inappropriate to do so.

(5) If the safeguarding partners consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.

(6) The Secretary of State may by regulations make provision about—

(a) criteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area;

(b) the appointment or removal of a reviewer by the safeguarding partners, including provision for a reviewer to be appointed by the safeguarding partners from a list provided by the Secretary of State;

(c) the time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;

(d) the procedure for a review;

(e) the form and content of a report.

(7) In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.”

Commencement Information

I18 S. 17 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(c)

I19 S. 17 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(f)

18 Further provision about arrangements E+W

After section 16F of the Children Act 2004 (inserted by section 17 of this Act) insert—

“16G Further provision about arrangements

(1) This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England.

(2) The safeguarding partners must publish the arrangements.

(3) The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements.

(4) The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements.

(5) Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of “relevant agency”.

(6) The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences).

(7) At least once in every 12 month period, the safeguarding partners must prepare and publish a report on—

(a) what the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, and

(b) how effective the arrangements have been in practice.”

Commencement Information

I20 S. 18 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(d)

I21 S. 18 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(g) (with regs. 5-7)

19 Information E+W

After section 16G of the Children Act 2004 (inserted by section 18 of this Act) insert—

“16H Information

(1) Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to—

(a) the safeguarding partner or any other safeguarding partner for the area,

(b) any of the relevant agencies for the area,

(c) a reviewer, or

(d) another person or body specified in the request.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).”

Commencement Information

I22 S. 19 in force at 29.6.2018 by S.I. 2018/497, reg. 3(h)

20 Funding E+W

After section 16H of the Children Act 2004 (inserted by section 19 of this Act) insert—

“16I Funding

(1) The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F—

(a) by making payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(2) The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person.

(3) The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F.

(4) Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E—

(a) by making payments directly, or

(b) by contributing to a fund out of which the payments may be made.

(5) In this section an “independent person” means an independent person mentioned in section 16G(3).”

Commencement Information

I23 S. 20 in force at 29.6.2018 by S.I. 2018/497, reg. 3(i)

21 Combining safeguarding partner areas and delegating functions E+W

After section 16I of the Children Act 2004 (inserted by section 20 of this Act) insert—

“16J Combining safeguarding partner areas and delegating functions

(1) The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section.

(2) References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).

(3) Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

(4) Where a clinical commissioning group is a safeguarding partner for the same local authority area as another clinical commissioning group, the groups may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

(5) Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.”

Commencement Information

I24 S. 21 in force at 29.6.2018 by S.I. 2018/497, reg. 3(j)

22 Guidance by Secretary of State E+W

After section 16J of the Children Act 2004 (inserted by section 21 of this Act) insert—

“16K Guidance by Secretary of State

(1) The safeguarding partners and relevant agencies for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16E to 16J.

(2) Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about—

(a) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;

(b) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.”

Commencement Information

I25 S. 22 in force at 29.6.2018 by S.I. 2018/497, reg. 3(k)

23 Interpretation E+W

After section 16K of the Children Act 2004 (inserted by section 22 of this Act) insert—

“16L Interpretation of sections 16E to 16K

In sections 16E to 16K—

• “reviewer” has the meaning given by section 16F(7);

• “safeguarding partner”, in relation to a local authority area, has the meaning given by section 16E(3);

• “serious child safeguarding cases” has the meaning given by section 16B(9);

• “relevant agency”, in relation to a local authority area, has the meaning given by section 16E(3).”

Commencement Information

I26 S. 23 in force at 29.6.2018 by S.I. 2018/497, reg. 3(l)

Child death reviews E+W

24 Child death reviews E+W

After section 16L of the Children Act 2004 (inserted by section 23 of this Act) insert—

“Child death review partners for local authority areas E+W

16M Child death reviews

(1) The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area.

(2) The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.

(3) The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.

(4) The purposes of a review or analysis under this section are—

(a) to identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, and

(b) to consider whether it would be appropriate for anyone to take action in relation to any matters identified.

(5) Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person.

(6) The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—

(a) what they have done as a result of the arrangements under this section, and

(b) how effective the arrangements have been in practice.”

Commencement Information

I27 S. 24 in force at 29.6.2018 by S.I. 2018/497, reg. 3(m)

25 Information E+W

After section 16M of the Children Act 2004 (inserted by section 24 of this Act) insert—

“16N Information

(1) Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to—

(a) the child death review partner or any other child death review partner for the area, or

(b) another person or body.

(2) The person or body to whom a request under this section is made must comply with the request.

(3) The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.

(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).”

Commencement Information

I28 S. 25 in force at 29.6.2018 by S.I. 2018/497, reg. 3(n)

26 Funding E+W

After section 16N of the Children Act 2004 (inserted by section 25 of this Act) insert—

“16O Funding

(1) The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M—

(a) by making payments directly, or

(b) by contributing to a fund out of which payments may be made.

(2) The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M.”

Commencement Information

I29 S. 26 in force at 29.6.2018 by S.I. 2018/497, reg. 3(o)

27 Combining child death review partner areas and delegating functions E+W

After section 16O of the Children Act 2004 (inserted by section 26 of this Act) insert—

“16P Combining child death review partner areas and delegating functions

(1) The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section.

(2) References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).

(3) Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.

(4) Where a clinical commissioning group is a child death review partner for the same local authority area as another clinical commissioning group, the groups may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.”

Commencement Information

I30 S. 27 in force at 29.6.2018 by S.I. 2018/497, reg. 3(p)

28 Guidance and interpretation E+W

After section 16P of the Children Act 2004 (inserted by section 27 of this Act) insert—

“16Q Guidance and interpretation

(1) The child death review partners for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16M to 16P.

(2) In this section and sections 16M to 16P “child death review partners”, in relation to a local authority area in England, means—

(a) the local authority;

(b) any clinical commissioning group for an area any part of which falls within the local authority area.”

Commencement Information

I31 S. 28 in force at 29.6.2018 by S.I. 2018/497, reg. 3(q)

Miscellaneous E+W

29 Regulations under provisions inserted by sections 13, 16 and 17 E+W

In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “ , 16B (whether alone or with regulations under section 16F), 16E(3) ”.

Commencement Information

I32 S. 29 in force at 19.3.2018 by S.I. 2018/346, reg. 3(e)

30 Abolition of Local Safeguarding Children Boards E+W

Omit sections 13 to 16 of the Children Act 2004 (Local Safeguarding Children Boards).

Commencement Information

I33 S. 30 in force at 29.6.2018 for specified purposes by S.I. 2018/497, reg. 8(2) (with regs. 8(3), 9, 10)

I34 S. 30 in force at 29.9.2020 in so far as not already in force by S.I. 2018/497, reg. 8(4)

31 Chapter 2: consequential amendments E+W

Schedule 2 contains amendments consequential on this Chapter.

Commencement Information

I35 S. 31 in force at 29.6.2018 by S.I. 2018/497, reg. 3(r) (with reg. 11)

CHAPTER 3 E+W Other provision relating to children's social care

Prospective

Children's social care: pre-employment protection of whistle-blowers E+W

32 Pre-employment protection of whistle-blowers E+W

(1) Part 5A of the Employment Rights Act 1996 is amended as follows.

(2) In the Part heading omit “in the Health Service”.

(3) In section 49B, in the heading, at the beginning insert “ The health service: ”.

(4) After section 49B insert—

“49C Children's social care: regulations prohibiting discrimination because of protected disclosure

(1) The Secretary of State may make regulations prohibiting a relevant employer from discriminating against a person who applies for a children's social care position (an “applicant”) because it appears to the employer that the applicant has made a protected disclosure.

(2) A “position” means a position in which a person works under—

(a) a contract of employment,

(b) a contract to do work personally, or

(c) the terms of an appointment to an office or post.

(3) A position is a “children's social care position” if the work done in it relates to the children's social care functions of a relevant employer.

(4) For the purposes of subsection (1), a relevant employer discriminates against an applicant if the employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants for the same position.

(5) Regulations under this section may, in particular—

(a) make provision as to circumstances in which discrimination by a worker or agent of a relevant employer is to be treated, for the purposes of the regulations, as discrimination by the employer;

(b) confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;

(c) make provision for or about the grant or enforcement of specified remedies by a court or tribunal;

(d) make provision for the making of awards of compensation calculated in accordance with the regulations;

(e) make different provision for different cases or circumstances;

(f) make incidental or consequential provision, including incidental or consequential provision amending—

(i) an Act of Parliament (including this Act),

(ii) an Act of the Scottish Parliament,

(iii) a Measure or Act of the National Assembly for Wales, or

(iv) an instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).

(6) Subsection (5)(f) does not affect the application of section 236(5) to the power conferred by this section.

(7) “Relevant employer” means any of the following that are prescribed by regulations under this section—

(a) a local authority in England;

(b) a body corporate that, under arrangements made by a local authority in England under section 1 of the Children and Young Persons Act 2008, exercises children's social care functions;

(c) a person who, as a result of a direction under section 497A(4) or (4A) of the Education Act 1996 as applied by section 50 of the Children Act 2004 (local authorities in England: intervention by Secretary of State) exercises children's social care functions;

(d) the council of a county or county borough in Wales;

(e) a person who, as a result of a direction under any of sections 153 to 157 of the Social Services and Well-being (Wales) Act 2014, exercises children's social care functions;

(f) a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.

(8) A “local authority in England” means—

(a) a county council in England;

(b) a district council;

(c) a London borough council;

(d) the Common Council of the City of London (in their capacity as a local authority);

(e) the Council of the Isles of Scilly;

(f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

(9) “Children's social care functions”—

(a) in relation to a relevant employer referred to in subsection (7)(a) to (c), means functions of a local authority in England under—

(i) any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970 so far as relating to those under the age of 18;

(ii) sections 23C to 24D of the Children Act 1989, so far as not within sub-paragraph (i);

(iii) the Children Act 2004;

(iv) any subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978) under the legislation mentioned in sub-paragraphs (i) to (iii);

(b) in relation to a relevant employer referred to in subsection (7)(d) or (e), means any functions relating to the social care of children in Wales that are prescribed by regulations under this section;

(c) in relation to a relevant employer referred to in subsection (7)(f), means any functions relating to the social care of children in Scotland that are prescribed by regulations under this section.

(10) The Secretary of State must consult the Welsh Ministers before making regulations under this section in reliance on subsection (7)(d) or (e) or (9)(b).

(11) The Secretary of State must consult the Scottish Ministers before making regulations under this section in reliance on subsection (7)(f) or (9)(c).

(12) For the purposes of subsection (5)(a)—

(a) “worker” has the extended meaning given by section 43K, and

(b) a person is a worker of a relevant employer if the relevant employer is an employer in relation to the person within the extended meaning given by that section.”

(5) In section 230(6) (interpretation of references to employees, workers etc) for “and 49B(10)” substitute “ , 49B(10) and 49C(12) ”.

(6) In section 236(3) (orders and regulations subject to affirmative procedure) after “49B,” insert “ 49C, ”.

Combined authority functions relating to children E+W

33 Power to secure proper performance E+W

(1) In section 50 of the Children Act 2004 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—

“(7) If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—

(a) a reference in this section to a local authority includes a reference to the combined authority, and

(b) a reference in this section to functions specified in subsection (2) is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.”

(2) In section 15 of the Childcare Act 2006 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—

“(6A) If any functions of an English local authority under this Part are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—

(a) a reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined authority, and

(b) a reference in those subsections to functions under this Part is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.”

Commencement Information

I36 S. 33 in force at 31.10.2017 by S.I. 2017/918, reg. 2(c)

CHAPTER 4 E+W Relationships, sex and PSHE education

34 Education relating to relationships and sex E+W

(1) The Secretary of State must by regulations make provision requiring—

(a) relationships education to be provided to pupils of compulsory school age receiving primary education at schools in England;

(b) relationships and sex education to be provided (instead of sex education) to pupils receiving secondary education at schools in England.

(2) The regulations must include provision—

(a) requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education and to review the guidance from time to time;

(b) requiring proprietors of schools to have regard to the guidance;

(c) requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;

(d) about the circumstances in which a pupil (or a pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education.

(3) The regulations must provide that guidance given by virtue of subsection (2)(a) is to be given with a view to ensuring that when relationships education or relationships and sex education is given—

(a) the pupils learn about—

(i) safety in forming and maintaining relationships,

(ii) the characteristics of healthy relationships, and

(iii) how relationships may affect physical and mental health and well-being, and

(b) the education is appropriate having regard to the age and the religious background of the pupils.

(4) The regulations may make further provision in connection with the provision of relationships education, or relationships and sex education.

(5) Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) The regulations may amend any provision (including provision conferring powers) that is made by or under—

(a) section 342 of the Education Act 1996;

(b) Chapter 4 of Part 5 of the Education Act 1996;

(c) Schedule 1 to the Education Act 1996;

(d) Part 6 of the Education Act 2002;

(e) Chapter 1 of Part 4 of the Education and Skills Act 2008;

(f) the Academies Act 2010.

(7) Any duty to make provision by regulations under subsection (1) may be discharged by making that provision by regulations under another Act, so long as the Secretary of State consults such persons as the Secretary of State considers appropriate before making the regulations under that Act.

(8) The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).

(9) Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.

(10) Other regulations under subsection (1) are subject to the negative resolution procedure.

(11) Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.

Commencement Information

I37 S. 34 in force at 1.4.2018 by S.I. 2018/346, reg. 4(e)

35 Other personal, social, health and economic education E+W

(1) The Secretary of State may by regulations make provision requiring personal, social, health and economic education (beyond that required by virtue of section 34) to be provided—

(a) to pupils of compulsory school age receiving primary education at schools in England;

(b) to pupils receiving secondary education at schools in England.

(2) The regulations may include—

(a) provision requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education;

(b) provision requiring proprietors of schools to have regard to that guidance;

(c) provision requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;

(d) further provision in connection with the provision of the education.

(3) Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(4) The regulations may amend any provision (including provision conferring powers) that is made by or under—

(a) section 342 of the Education Act 1996;

(b) Chapter 4 of Part 5 of the Education Act 1996;

(c) Schedule 1 to the Education Act 1996;

(d) Part 6 of the Education Act 2002;

(e) Chapter 1 of Part 4 of the Education and Skills Act 2008;

(f) the Academies Act 2010.

(5) The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).

(6) Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.

(7) Other regulations under subsection (1) are subject to the negative resolution procedure.

(8) Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.

(9) A power to make provision under this section does not limit any power to make provision of the same kind under another Act.

Commencement Information

I38 S. 35 in force at 1.4.2018 by S.I. 2018/346, reg. 4(f)