Commentary on Sections Schedule 2:  Director of children’s services: consequential amendments
105.The amendments in this Schedule remove the duties for authorities in England to appoint a director of social services and a chief education officer (paragraphs 2(2)(a) and 4(2) respectively). Their functions are assigned instead to the director of children’s services appointed under section 18 and the director of adult social services appointed under section 6 of the Local Authority Social Services Act 1970, as amended. Other amendments in the Schedule reflect these changes.
106.Paragraph 1: Section 96 of the Children and Young Persons Act 1933 (c.12) is amended to add a reference to the director of children’s services. This will allow a local authority or committee by resolution to empower the director of children's services, chief education officer (‘CEO’) in Wales or clerk to exercise powers of the authority or committee in any case which appears to him to be urgent.
107.Paragraph 2: Section 6 of the Local Authority Social Services Act 1970 (c.42) is amended so that a local authority in England to which the Act applies is required to appoint a director of adult social services. This is because responsibility for children’s social services comes under the Director of Children’s Services so an overall Director of social services is no longer appropriate. Schedule 1 to the 1970 Act (list of social service functions of local authorities) is amended so that the appointment of the director of adult social services is a social services function on which guidance may be issued under section 7 of the Act.
108.Paragraph 3: Section 2 of the Local Government and Housing Act 1989 (c.42) (politically restricted posts) is amended in relation to England so the posts of director of children's services and director of adult social services are ‘statutory chief officer’ posts and therefore ‘politically restricted’. Section 1 of that Act describes the restrictions on such persons, the main one being that such a person is disqualified from being a member of the local authority.
109.Paragraph 4: Section 532 of the Education Act 1996 (c.56) (appointment of chief education officer) is amended to require only local education authorities in Wales to appoint a CEO.
110.Section 566 (evidence: documents) of the Education Act 1996 is amended so that a document issued by a local education authority signed by the director of children’s services (in the case of an authority in England) is treated as the document it purports to be and signed by the person by whom it purports to be signed, unless the contrary is proved. This provision still applies to the CEO of an authority in Wales.
111.Paragraph 5: Section 8 of the Crime and Disorder Act 1998 (c.37) (parenting orders) is amended so that someone nominated by the director of children’s services is a ‘responsible officer’ for the purposes of that section and section 9. Responsible officers have the power to make applications to the court in respect of parenting orders and can direct a person subject to such an order to attend counselling or guidance sessions.
112.Section 39 of the Crime and Disorder Act 1998 (youth offending teams) is amended to include at least one person with experience of social work, and at least one person with experience in education to be nominated by the director of children’s services on the list of persons one of who must be on every youth offending team.
113.Paragraph 6: Section 4C of the Protection of Children Act 1999 (c.14) is amended to substitute ‘director of children’s services of a local authority in England or a director of social services of a local authority in Wales’ for ‘director of social services of a local authority’. These post-holders are among the people who are able to apply to the High Court for an order restoring an individual’s name to the list of those considered unsuitable to work with children, where it is necessary in order to protect children.
114.Paragraph 7: Section 36 of the Criminal Justice and Court Services Act 2000 (c.43) is amended so that the director of children's services and director of adult social services are added as a ‘regulated position’ for the purposes of that Act. As a consequence, under Part 2 of that Act (protection of children) a person disqualified from working with children commits an offence is he applies for the position of director of children’s services.
115.Paragraph 8: Section 322 of the Criminal Justice Act 2003 (c.44) (individual support orders) is amended to include, in the new section 1AA (10) of the Crime and Disorder Act 1998 being inserted by that section, a reference to a person nominated by the director of children’s services, so that person is a ‘responsible officer’ for the purposes of that section and section 1AB (which relate to individual support orders).