The Act
8.The Act is in 5 parts. Part 1 (sections 1 to 6) deals with arrangements for the provision of social work services for children and young persons.
9.Parts 2 and 3 of the Act amend the public law framework for safeguarding and promoting children’s welfare; that is, the services to be provided to support children and their families and the procedures to protect children who are at risk of suffering harm. The Children Act 1989 is central to this public law framework. That Act is substantially amended by the Act (and is referred to in these Notes as “the 1989 Act”). Parts 3 to 5 of the 1989 Act have already been the subject of considerable amendment, in particular by the Children (Leaving Care) Act 2000, the Adoption and Children Act 2002 and the Children Act 2004. The Act will also amend the Care Standards Act 2000, the Adoption and Children Act 2002 and the Children Act 2004.
10.Part 2 (sections 7 to 33) of the Act places a new duty on the Secretary of State to promote the well-being of children in England. It sets out the duties of local authorities when providing accommodation for children they look after; places a new general duty on local authorities to secure sufficient accommodation in their area for children they look after; and makes provisions for the appointment and functions of IROs and provides a power for the establishment of a national IRO service in England and Wales respectively. It provides for the local authority to make arrangements for visits by a representative of theirs to all looked after children and for other children and young persons living away from home; and for the appointment of independent visitors to advise befriend and support looked after children. It also provides for visits by a local authority representative to children who are provided with accommodation under health or education legislation. It extends the powers of local authorities to make cash payments to children in need and their families; and places a new duty on local authorities to include, as part of the services they provide for children and their families, the provision of breaks for those who care for disabled children and for services to support family contact with children provided with accommodation under health or education legislation.
11.In addition it imposes a duty on governing bodies of maintained schools to designate a member of staff for looked after children; and on local authorities to pay a bursary to former relevant children who go on to Higher Education. It also extends the entitlements of former relevant children to the appointment of a personal adviser and other assistance in connection with education or training. It amends the Care Standards Act 2000 to make provision for the enforcement of care standards in children’s homes and other settings. It requires registrars to provide information to Local Safeguarding Children Boards regarding child deaths and gives a power to the Registrar General to provide information about child deaths to the appropriate national authority for research purposes. It extends the powers of local authorities to make cash payments to children in need and their families and the powers of the Secretary of State to carry out research on the functions of local authorities. It removes restrictions on the court’s powers to hear an application to discharge an Emergency Protection Order.
12.Part 3 (sections 34 and 35) amends section 12 of the Adoption and Children Act 2002, that enables regulations to provide for the independent review of qualifying determinations relating to adoption and it extends the period allowed for making regulations to establish a registration scheme for private fostering
13.Part 4 (sections 36 to 38) makes amendments to Part 1 of the 1989 Act in relation to residence orders and special guardianship orders.
14.Part 5 (sections 39 to 45) contains supplementary, general and final provisions.
15.There are four Schedules. Schedule 1 makes provisions that are supplementary and consequential on the amendments made to the Children Act 1989 by section 9 of the Act. Schedule 2 makes transitory modifications to Schedule 2 to the 1989 Act. Schedule 3 makes minor and supplementary amendments to the 1989 Act. Schedule 4 deals with repeals.