Local authority services
Section 50: Intervention
217.This section allows the Secretary of State or National Assembly for Wales to intervene where local authorities are failing to discharge functions relating to children’s services to an adequate standard. It does so by extending existing powers of intervention relating to education functions.
218.The section applies section 497A of the Education Act 1996 (power to secure proper performance of LEA’s functions) to functions which are relevant functions for the purposes of the sections. The relevant functions are set out in subsection (2) and include social services functions relating to children, functions in relation to children leaving care and functions under sections 10 and 12 of the Act (sections 25 and 29 in relation to Wales).
219.The Secretary of State’s power to give a direction under section 497A arises where he is satisfied that a local authority is failing in any respect to perform any relevant function of a local authority to an adequate standard (or at all). The same test will accordingly apply in relation to the power as extended by the section.
220.Subsection (4) makes clear that the ancillary provisions of sections 497AA and 497B apply where the power in section 497A is exercised pursuant to this section.
221.Subsection (6) ensures that, where a direction is given under section 497A in relation to education functions, it can also extend to the functions referred to in subsection (2) (so that it is not necessary to give two separate directions).
222.This section does not restrict the use of other powers of intervention.
Section 51: Inspection of local education authorities
223.This section amends section 38 of the Education Act 1997 (inspection of LEAs). At present Ofsted (in England) or Estyn (in Wales) may inspect functions relating to the provision of education by a local education authority for persons of compulsory school age or persons above or below that age who are registered as pupils at a school maintained by the authority.
224.This amendment allows Ofsted (in England) to review any local education authority function, with the exception in England of functions which fall within the Adult Learning Inspectorate’s remit. By virtue of the amendment Estyn (in Wales) will be able to review any local education authority function and functions under sections 25 (co-operation to improve well-being: Wales) and 26 (children and young people’s plans: Wales), so far as those functions relate to education, training or youth support services.
Section 52: Duty of local authorities to promote educational achievement
225.This section amends section 22 of the Children Act 1989, which set out the general duties of a local authority in relation to each child whom it is looking after. There is a duty in subsection (3) to safeguard and promote the welfare of the child. This section inserts a new subsection (3A) which places a particular duty on the local authority to promote the child’s educational achievement.
226.A looked after child is defined in section 22 as a child in care (i.e. under a care order) or a child provided with accommodation by the local authority in exercise of its social services functions. There is evidence that this group of children achieve significantly less well than their peers, and that this under-performance is due at least in part to a lack of effective support from local authorities as ‘corporate parents’ of these children.
227.The new duty will mean that local authorities will have to give particular attention to the educational implications of any decision about the welfare of any child they are looking after. That might be for instance the need to organise a suitable school placement at the same time as arranging a new care placement.
Section 53: Ascertaining children’s wishes
228.This section amends sections 17, 21 and 47 of the Children Act 1989, under which a local authority has a duty to safeguard and promote the welfare of children in need in their area by providing suitable services to those children. The amendment requires a local authority to ascertain any such child’s wishes in relation to those services and to give those wishes due consideration before determining what (if any) services to provide. Guidance issued under section 7 Local Authority Social Services Act 1970 in relation to section 17 already places considerable emphasis on listening to children and taking account of their wishes. Section 53 gives statutory backing to that approach.
Section 54: Information about individual children
229.This section amends section 83 of the Children Act 1989 by inserting a new subsection (4A). Section 83(4A) enables particulars required to be transmitted by local authorities and voluntary organisations under subsections (3) and (4) respectively, to include information that relates to and identifies individual children. The type of information transmitted under subsections (3) and (4) will include name, a unique pupil reference number, and postcode. The information transmitted will be used to fulfil the Secretary of State’s functions in relation to children and young people. In particular information on individual children will be used by the Secretary of State for statistical analysis in order to inform and review policy about children and young people. It will also be used to ensure that local practitioners have all the relevant and accurate information they need to carry out their functions.
Section 55: Social services committees
230.This section removes the requirement on local authorities in England and Wales not operating executive arrangements under the Local Government Act 2000, to establish a social services committee by repealing section 2 of the Local Authority Social Services Act 1970, and related provisions of that Act (subsection (1)). The requirement in England to have a director of children’s services means that there can no longer be single ‘social services committees’. All references in law to social service committees are therefore repealed. In addition, local authorities in England will no longer have social services departments. Therefore references to such departments are removed.
231.Subsections (2) to (5) make amendments to Schedule 1 to that Act, section 63(8)(a) of the Health Services and Public Health Act, paragraph 4(1) of Schedule 1 to the Local Government and Housing Act 1989 and section 102 of the Local Government Act 2000, which are consequential to this repeal.
Schedule 5: Repeals, part 4 social services committees and departments
232.The amendments in this part of this Schedule make a number of repeals which are consequential on the removal of the requirement to have social services committees made in section 55. This requirement only applied to authorities in England and Wales not operating executive arrangements under the Local Government Act 2000.
233.Some other amendments in this part of this Schedule relate to the removal of anachronistic references to social services departments in existing legislation, but do not affect the meaning or effect of any of the Acts amended. The amendments have been made to avoid any potential ambiguity given the potential for authorities to split social services functions between two departments (children and adult).
