Children Act 1989 (c. 41)
I155
The Children Act 198967 is amended as follows.
I256
In subsection (11) of section 14F68 (special guardianship support services)—
a
after “local authority” in the first place it occurs insert “in England”;
b
at the end of the subsection insert “and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.”
I357
1
After the heading in Part 3 insert—
Application to local authorities in England
Application to local authorities in England16B
1
This Part applies in relation to local authorities in England.
2
Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England.
2
For the heading to Part 3 substitute—
SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
I458
In section 17 (provision of services for children in need, their families and others)—
a
in subsection (4)69 for “appropriate national authority” substitute “Secretary of State”;
b
at the end of the section insert—
13
The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014.
I559
In section 17ZA70 (young carers’ needs assessments: England)—
a
in subsection (1) omit “in England”;
b
in subsection (12) omit “in England”;
c
in the heading omit “: England”.
I660
In section 17ZD71 (parent carers’ needs assessments: England)—
a
in subsection (1) omit “in England”;
b
in subsection (14) omit “in England”;
c
in the heading omit “: England”.
I761
In section 17ZG(1)(a)72 (section 17 services: continued provision where EHC plan is maintained) omit “in England”.
I862
In section 17ZH73 (section 17 services: transition for children to adult care and support)—
a
in subsection (1) omit “in England”;
b
in subsection (5) omit “in England”.
I963
In section 17ZI(1) (section 17 services: provision after EHC plan no longer maintained) omit “in England”.
I1064
In section 17A(1)74 (direct payments) for “appropriate national authority” substitute “Secretary of State”.
I1165
Omit section 17B75 (vouchers for persons with parental responsibility for disabled children).
I1266
In section 1876 (day care for pre-school and other children)—
a
omit subsection (2);
b
omit subsection (6).
I1367
In section 20 (provision of accommodation for children: general)—
a
in subsection (2)(b) after “prescribed” insert “in regulations made by the Secretary of State”;
b
after subsection (2) insert—
2A
Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc.) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—
a
three months of being notified in writing that the child is being provided with accommodation; or
b
such other longer period as may be prescribed in regulations made by the Secretary of State.
I1468
In section 21(3)77 (provision of accommodation for children in police protection or detention or on remand, etc.)—
a
after “local authority” in the first place it occurs insert “or by a local authority in Wales”;
b
after “local authority” in the second place it occurs insert “, or local authority in Wales,”.
I1569
In section 22 (general duty of local authority in relation to children looked after by them)—
a
in subsection (1)78 for “In this Act” substitute “In this section”;
b
in subsection (3B)79 omit “in England”;
c
in subsection (3C) omit “in England”;
d
in subsection (7)80—
i
for “appropriate national authority”, in both places that it appears, substitute “Secretary of State”, and
ii
for “the local authority” substitute “the authority”.
I1670
In section 22C81 (ways in which looked after children are to be accommodated and maintained)—
a
in subsection (9A)82 omit “are a local authority in England and”;
b
in subsection (11) for “appropriate national authority” substitute “Secretary of State”;
c
for subsection (12) substitute—
12
For the meaning of “local authority foster parent” see section 105(1).
I1771
For section 22E83 (children’s homes provided by appropriate national authority) substitute—
Children’s homes provided by Secretary of State or Welsh Ministers22E
Where a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine.
I1872
In section 23ZA(3)(a)84 (duty of local authority to ensure visits to, and contact with, looked after children and others) for “appropriate national authority” substitute “Secretary of State”.
I1973
In section 23ZB85 (independent visitors for children looked after by a local authority)—
a
in subsection (1)(a) for “appropriate national authority” substitute “Secretary of State”;
b
in subsection (9) for “appropriate national authority” substitute “Secretary of State”.
I2074
In section 23A86 (the responsible authority and relevant children)—
a
in subsection (2)(a) for “by any local authority” substitute “by any local authority in England or by any local authority in Wales”;
b
in subsection (3) for “appropriate national authority” substitute “Secretary of State”;
c
in subsection (5) for “appropriate national authority”, in both places that it appears, substitute “Secretary of State”.
I2175
In section 23B(10)87 (additional functions of the responsible authority in respect of relevant children) for “appropriate national authority” substitute “Secretary of State”.
I2276
In section 23C(5B)88 (continuing functions in respect of former relevant children) for “appropriate national authority” substitute “Secretary of State”.
I2377
In section 23CZA(1)89 (arrangements for certain former relevant children to continue to live with former foster parents) omit “in England”.
I2478
In section 23CA(1)(a)90 (further assistance to pursue education or training) for “appropriate national authority” substitute “Secretary of State”.
I2579
In section 23D91 (personal advisers)—
a
in subsection (1) for “appropriate national authority” substitute “Secretary of State”;
b
in subsection (2) for “appropriate national authority” substitute “Secretary of State”.
I2680
In section 23E92 (pathway plans)—
a
in subsection (1) after “prescribed” insert “in regulations made by the Secretary of State”;
b
in subsection (1B) for “appropriate national authority” substitute “Secretary of State”;
c
in subsection (2) for “appropriate national authority” substitute “Secretary of State”.
I2781
In section 2493 (persons qualifying for advice and assistance)—
a
in subsection (2)(a)94 at the end insert “(without subsequently being looked after by a local authority in Wales)”;
b
in subsection (2)(d)(ii)95 at the end insert “, or by a local authority in Wales in the exercise of education functions”;
c
in subsection (5)(za)96 for “appropriate national authority” substitute “Secretary of State”.
I2882
In section 24A97 (advice and assistance)—
a
in subsection (2)(b) after “local authority,” insert “or local authority in Wales”;
b
in subsection (3)(a) after “local authority” insert “(without subsequently being looked after by a local authority in Wales),”.
I2983
In section 24B(6)98 (employment, education and training) for “appropriate national authority” substitute “Secretary of State”.
I3084
In section 24C99 (information)—
a
in subsection (1) after “area of another local authority” insert “, or in the area of a local authority in Wales”;
b
for subsection (2)100 substitute—
2
Where a child who is accommodated in England—
a
by a voluntary organisation or in a private children’s home;
b
by or on behalf of any Local Health Board or Special Health Authority;
c
by or on behalf of a clinical commissioning group or the National Health Service Commissioning Board;
d
by or on behalf of a local authority in the exercise of education functions;
e
by or on behalf of a local authority in Wales in the exercise of education functions;
f
in any care home or independent hospital; or
g
in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust,
ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live.
c
in subsection (3) for “paragraph (b) or (c)” substitute “any of paragraphs (b) to (g)”;
d
for subsection (4)101 substitute—
4
In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live.
I3185
In section 24D102 (representations: sections 23A to 24B)—
a
in subsection (1A)103 for “appropriate national authority” substitute “Secretary of State”;
b
in subsection (2) for “appropriate national authority” substitute “Secretary of State”.
I3286
In section 25104 (use of accommodation for restricting liberty)—
a
in subsection (1)—
i
after “local authority” insert “or local authority in Wales”;
ii
after “accommodation” in the first place it occurs insert “in England”;
b
in subsection (2) for “appropriate national authority” substitute “Secretary of State”;
c
in subsection (2)(a)(i), (2)(a)(ii) and (2)(b) after “accommodation” in each place that it occurs, insert “in England”;
d
in subsection (2)(c) after “local authorities” insert “or local authorities in Wales”;
e
in subsection (7) for “appropriate national authority” substitute “Secretary of State”;
f
in subsection (7)(c) after “accommodation” insert “in England”.
I3387
In section 25A(4)105 (appointment of independent reviewing officer) for “appropriate national authority” substitute “Secretary of State”.
I3488
In section 25B106 (functions of independent reviewing officer)—
a
in subsections (1)(b), (1)(d) and (2)(a) for “appropriate national authority”, in each place that it occurs, substitute “Secretary of State”;
b
in subsection (3) omit paragraph (b) and the “or” immediately preceding it.
I3589
Omit section 25C(2)107 (referred cases, regulations in respect of Wales).
I3690
In section 26108 (review of cases and inquiries into representations), in the following provisions, for “appropriate national authority” substitute “Secretary of State”—
a
subsection (1);
b
subsection (3A);
c
subsection (3B);
d
subsection (3C);
e
subsection (4A);
f
subsection (5);
g
subsection (6).
I3791
Omit section 26ZB109 (representations: further consideration (Wales)).
I3892
In section 26A110 (advocacy services)—
a
omit subsection (2A)111;
b
in subsections (3)(a) and (4)112, for “appropriate national authority” substitute “Secretary of State”.
I3993
In section 27 (co-operation between authorities)—
a
after subsection (3)(d) insert—
da
any local authority in Wales,
b
in subsection (3)(e)113 for “appropriate national authority” substitute “Secretary of State”;
c
after subsection (3) insert—
3A
The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.
I4094
In section 29 (recoupment of cost of providing services etc.)—
a
in subsection (7) after “another local authority” insert “or the area of a local authority in Wales”;
b
in subsection (8)114 after “another local authority” insert “or the area of a local authority in Wales”;
c
in subsection (9)115—
i
after “subsection (10)” insert “or subsection (11)”;
ii
after “section 27(2)” insert “or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information)”;
iii
after “the local authority” insert “or a local authority in Wales”;
d
after subsection (10)116 insert—
11
Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
I4195
In section 30 (miscellaneous)—
a
in subsection (2)117—
i
for “determining authority” substitute “Secretary of State”;
ii
at the end insert “but see subsection (2C)”;
b
omit subsections (2A) and (2B);
c
after subsection (2) insert—
2C
Any question arising as to whether a child is ordinarily resident—
a
in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or
b
in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,
shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.
2D
The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).
d
in subsection (4) for “appropriate national authority” substitute “Secretary of State”.
I4296
Omit section 30A118 (meaning of appropriate national authority).
I4397
In section 33(8)(b) (arrangements for a child to live outside England and Wales) after “Schedule 2” insert “in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales”.
I4498
In section 34119 (parental contact etc. with children in care)—
a
in subsection (1) after “section 22(3)(a)” insert “or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014”;
b
after subsection (6A)120 insert—
6B
Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person.
I4599
In section 42121 (right of officer of the Service to have access to local authority records) in paragraph (b) of subsection (1), after “1970” insert “or for the purposes of the Social Services and Well-being (Wales) Act 2014”.
I46100
In section 47 (local authority’s duty to investigate), for subsection (3)(a)122 substitute—
a
whether the authority should—
i
make any application to court under this Act;
ii
exercise any of their other powers under this Act;
iii
exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or
iv
(where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014;
with respect to the child;
I47101
In section 59 (provision of accommodation by voluntary organisations)—
a
in subsection (3A)123 after “Regulations” insert “made in relation to England”;
b
after subsection (3A) insert—
3B
Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act.
c
in subsection (5A) after “Regulations” insert “made in relation to England”;
d
after subsection (5A) insert—
5B
Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014.
I48102
In section 85 (children accommodated by health authorities and local education authorities)—
a
in subsection (1)124—
i
after “accommodation” insert “in England”;
ii
omit “Local Health Board”;
iii
after “local authority” insert “in England”;
b
in subsection (2A)125 for “provided with accommodation by a local authority” substitute “provided with accommodation in England by a local authority in England”;
c
in subsection (3A)(b)126 for “lead director for children and young person’s services” substitute “director of social services”;
d
in subsection (4)127 for “local authority has been notified under this section” substitute “local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)”.
I49103
In section 86128 (children accommodated in care homes or independent hospitals)—
a
in subsection (1)129 after “accommodation” insert “in England”;
b
in subsection (5)130 after “local authority” insert “in England”.
I50104
In section 86A131 (visitors for children notified to local authority under section 85 or 86)—
a
in subsection (1) after “local authority” insert “in England”;
b
in subsection (1)(a) after “section 85(1) or 86(1)” insert “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014”;
c
in subsection (1)(b) for “or, as the case may be, 86(2)” substitute “, 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be”;
d
in subsection (5) omit “and the Welsh Ministers acting jointly”;
e
in the heading omit “under section 85 or 86”.
I51105
For section 104A132 (regulations and orders made by the Welsh Ministers under Part 3 etc.) substitute—
Regulations made by the Welsh Ministers under section 31A or Part 7104A
1
Any power of the Welsh Ministers under section 31A or Part 7 to make regulations shall be exercisable by statutory instrument.
2
Any such statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
I52106
In section 105 (interpretation)—
a
in subsection (1) for the definition of “local authority foster parent” substitute—
“local authority foster parent”133 means a person authorised as such in accordance with regulations made by virtue of—
- a
paragraph 12F of Schedule 2; or
- b
sections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);
b
for subsection (4) substitute—
4
References in this Act to a child who is looked after—
a
in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and
b
in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority).
c
in subsection (5)134 omit “within the meaning of the Local Authority Social Services Act 1970”;
d
after subsection (5) insert—
5B
In subsection (5) “social services functions” means—
a
in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and
b
in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014.
I53107
After the heading in Schedule 2 (local authority support for children and families) insert—
Application to local authorities in England
A1
1
This Schedule applies only in relation to local authorities in England.
2
Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England.
I54108
In Schedule 2, in paragraph 4 (prevention of neglect and abuse)—
a
in sub-paragraph (2)(b) after “another local authority” insert “or in the area of a local authority in Wales”;
b
in sub-paragraph (2) after “that other local authority” insert “or the local authority in Wales, as the case may be”;
c
in sub-paragraph (3) after “that other local authority” insert “or the local authority in Wales”.
I55109
In Schedule 2, in paragraph 6(2)135 (provision for disabled children) for “appropriate national authority” substitute “Secretary of State”.
I56110
In Schedule 2, in paragraph 7(c) after “secure accommodation” insert “within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014”.
I57111
In Schedule 2, in paragraph 8A(2)136 (provision for accommodated children) after “under section 85 or 86” insert “or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities)”.
I58112
In Schedule 2, in the heading of Part 2 (children looked after by local authorities), at the end insert “in England”.
I59113
In Schedule 2, in paragraph 12F137 (approval of local authority foster parents)—
a
in sub-paragraph (1)(a) after “prescribed” insert “in regulations made by the Secretary of State”;
b
in sub-paragraph (1)(b) for “that national authority” substitute “the Secretary of State”;
c
in the following provisions for “appropriate national authority” in each place that it occurs, substitute “Secretary of State”—
i
sub-paragraph (1)(b);
ii
sub-paragraph (4);
iii
sub-paragraph (5);
iv
sub-paragraph (6);
v
sub-paragraph (7);
vi
sub-paragraph (8);
vii
sub-paragraph (9);
d
omit sub-paragraph (10);
e
in sub-paragraph (11), in the definition of “organisation” after “includes” insert “the Welsh Ministers,”.
I60114
In Schedule 2, in paragraph 15(3) (promotion of maintenance of contact between child and family) after “another local authority” insert “or a local authority in Wales”.
I61115
In Schedule 2, in paragraph 19B138 (additional functions in relation to eligible children)—
a
in sub-paragraph (2)(b) after “a local authority” insert “or by a local authority in Wales”;
b
in sub-paragraph (3) for “appropriate national authority” substitute “Secretary of State”;
c
in sub-paragraph (7) for “appropriate national authority” substitute “Secretary of State”.
I62116
In Schedule 2, in paragraph 19BA(1)139 (preparation for ceasing to be looked after: staying put arrangements) omit “in England”.
I63117
In Schedule 2, for paragraph 20(1)(a)140 (death of children being looked after by local authorities) substitute—
a
shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
I64118
In Schedule 2, in the heading of Part 3 (contributions towards maintenance of children looked after by local authorities), at the end insert “in England”.
I65119
In Schedule 2, in paragraph 24(3) (enforcement of contribution orders) before paragraph (a) insert—
aa
a local authority in Wales;
I66120
In Schedule 2, in paragraph 25141 (regulations)—
a
for “appropriate national authority” substitute “Secretary of State”;
b
in sub-paragraph (b) for “a local authority” substitute “they”;
c
for sub-paragraph (b)(ii) substitute—
ii
any other local authority under paragraph 24(2).
I67121
For the heading to Schedule 2 substitute—
SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
I68122
In paragraph 61 of Schedule 13 (consequential amendments) omit sub-paragraphs (3) and (4).