Children Act 2004

13 Establishment of LSCBs E+W

(1) Each children’s services authority in England must establish a Local Safeguarding Children Board for their area.

(2) A Board established under this section must include such representative or representatives of—

(a) the authority by which it is established, and

(b) each Board partner of that authority,

as the Secretary of State may by regulations prescribe.

(3) For the purposes of this section each of the following is a Board partner of a children’s services authority in England—

(a) where the authority is a county council for an area for which there is also a district council, the district council;

(b) the chief officer of police for a police area any part of which falls within the area of the authority;

(c) a local probation board for an area any part of which falls within the area of the authority;

[F1 (ca) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England;

(cb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a Board partner of the authority;]

(d) a youth offending team for an area any part of which falls within the area of the authority;

(e) a Strategic Health Authority and a Primary Care Trust for an area any part of which falls within the area of the authority;

(f) an NHS trust and an NHS foundation trust all or most of whose hospitals, establishments and facilities are situated in the area of the authority;

(g) a person providing services [F2 in pursuance of section 68 of the Education and Skills Act 2008] in any part of the area of the authority;

(h) the Children and Family Court Advisory and Support Service;

(i) the governor of any secure training centre in the area of the authority (or, in the case of a contracted out secure training centre, its director);

(j) the governor of any prison in the area of the authority which ordinarily detains children (or, in the case of a contracted out prison, its director).

(4) A children’s services authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them includes representatives of relevant persons and bodies of such descriptions as may be prescribed by the Secretary of State in regulations.

(5) A Local Safeguarding Children Board established under this section may also include representatives of such other relevant persons or bodies as the authority by which it is established consider, after consulting their Board partners, should be represented on it.

[F3 (5A) A children's services authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area.

(5B) An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.]

(6) For the purposes of subsections (4) and (5), relevant persons and bodies are persons and bodies of any nature exercising functions or engaged in activities relating to children in the area of the authority in question.

(7) In the establishment and operation of a Local Safeguarding Children Board under this section—

(a) the authority establishing it must co-operate with each of their Board partners; and

(b) each Board partner must co-operate with the authority.

(8) Two or more children’s services authorities in England may discharge their respective duties under subsection (1) by establishing a Local Safeguarding Children Board for their combined area (and where they do so, any reference in this section or sections 14 to 16 to the authority establishing the Board shall be read as a reference to the authorities establishing it).

Textual Amendments

F1 S. 13(3)(ca)(cb) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 39, 41(1), Sch. 3 para. 4(4); S.I. 2008/504, art. 3

F2 Words in s. 13(3)(g) substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 169(1), 173(4), Sch. 1 para. 85; S.I. 2008/3077, art. 4

F3 S. 13(5A)(5B) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 196(2), 269; S.I. 2010/303, art. 3, Sch. 2

Commencement Information

I1 S. 13 not in force at Royal Assent see s. 67(2); s. 13 in force for E. for certain purposes at 1.3.2005 by S.I. 2005/394, art. 2(1); s. 13 otherwise in force at 1.4.2006 by S.I. 2006/927, art. 2(a)