Children Act 2004

18Director of children’s servicesE+W

This section has no associated Explanatory Notes

(1)A [F1local authority] in England may, and with effect from the appointed day must, appoint an officer for the purposes of—

(a)the functions conferred on or exercisable by the authority which are specified in subsection (2); and

(b)such other functions conferred on or exercisable by the authority as may be prescribed by the Secretary of State by regulations.

(2)The functions referred to in subsection (1)(a) are—

(a)[F2education] functions conferred on or exercisable by the authority F3. . . ;

(b)functions conferred on or exercisable by the authority which are social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), so far as those functions relate to children;

(c)the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41) (so far as not falling within paragraph (b));

(d)the functions conferred on the authority under sections 10 to 12 [F4, 12C, 12D and 17A] of this Act; F5. . .

(e)any functions exercisable by the authority under [F6section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006] on behalf of an NHS body (within the meaning of [F7those sections]), so far as those functions relate to children[F8; F9...

(f)the functions conferred on the authority under Part 1 of the Childcare Act 2006,] [F10 and

(g)any function conferred on the authority under section 2 of the Childcare Act 2016.]

(3)Subsection (2)(a) does not include—

(a)functions under section 120(3) of the Education Reform Act 1988 (c. 40) (functions of LEAs with respect to higher and further education);

(b)functions under section 85(2) and (3) of the Further and Higher Education Act 1992 (c. 13) (finance and government of locally funded further and higher education);

(c)functions under section 15B of the Education Act 1996 (c. 56) F11. . . (education for persons who have attained the age of 19);

(d)functions under section 22 of the Teaching and Higher Education Act 1998 (c. 30) (financial support to students);

(e)such other [F12education] functions conferred on or exercisable by a [F1local authority] in England F3. . . as the Secretary of State may by regulations prescribe.

(4)An officer appointed by a [F1local authority] in England under this section is to be known as their “director of children’s services”.

(5)The director of children’s services appointed by a [F1local authority] in England may also have responsibilities relating to such functions conferred on or exercisable by the authority, in addition to those specified in subsection (1), as the authority consider appropriate.

(6)The functions in relation to which a director of children’s services may have responsibilities by virtue of subsection (5) include those referred to in subsection (3)(a) to (e).

(7)A [F1local authority] in England must have regard to any guidance given to them by the Secretary of State for the purposes of this section.

(8)Two or more [F13local authorities] in England may for the purposes of this section, if they consider that the same person can efficiently discharge, for both or all of them, the responsibilities of director of children’s services, concur in the appointment of a person as director of children’s services for both or all of them.

(9)The amendments in Schedule 2—

(a)have effect, in relation to any authority which appoint a director of children’s services before the appointed day, from the day of his appointment; and

(b)on and after the appointed day have effect for all purposes.

[F14(10)In this section—

“the appointed day” means such day as the Secretary of State may by order appoint;
“education functions” has the meaning given by section 579(1) of the Education Act 1996.]

Subordinate Legislation Made

P1S. 18(10) power exercised: 1.1.2008 appointed by {S.I. 2007/1792}, art. 2

Textual Amendments

F1Words in Pt. 2 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(2)

F2Word in s. 18(2)(a) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 55(4)(a)(i)

F3Words in s. 18(2)(a)(3)(e) repealed (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1)(2), Sch. 2 para. 55(4)(a)(ii)(b)(ii), Sch. 3 Pt. 2

F4Words in s. 18(2)(d) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 194(4), 269; S.I. 2010/303, art. 3, Sch. 2

F5Word in s. 18(2)(d) repealed (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(2)(a), 103(2), 109(2), Sch. 3 Pt. 2; S.I. 2007/1019, art. 3

F6Words in s. 18(2)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 266(a) (with Sch. 3 Pt. 1)

F7Words in s. 18(2)(e) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8, Sch. 1 para. 266(b) (with Sch. 3 Pt. 1)

F8S. 18(2)(f) and preceding word inserted (1.4.2007) by Childcare Act 2006 (c. 21), ss. 16(2)(b), 109(2); S.I. 2007/1019, art. 3

F9Word in s. 18(2)(e) omitted (10.1.2017) by virtue of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 42(2)(a)