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Children Act 2004

Type Public General Act

Publication 2004-11-15

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Children’s Commissioner

Co-operation to improve well-being: Wales

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(1) There is to be an office of Children’s Commissioner.

(2) Schedule 1 has effect with respect to the Children’s Commissioner.

Power to establish registration scheme in England

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(1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England.

(2) The primary function includes promoting awareness of the views and interests of children in England.

(3) In the discharge of the primary function the Children's Commissioner may, in particular—

(a) advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children;

(b) encourage such persons to take account of the views and interests of children;

(d) consider the potential effect on the rights of children of government policy proposals and government proposals for legislation;

(e) bring any matter to the attention of either House of Parliament;

(f) investigate the availability and effectiveness of complaints procedures so far as relating to children;

(g) investigate the availability and effectiveness of advocacy services for children;

(h) investigate any other matter relating to the rights or interests of children;

(i) monitor the implementation in England of the United Nations Convention on the Rights of the Child;

(j) publish a report on any matter considered or investigated under this section.

(4) In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed.

(5) The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function.

Information about individual children

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(1) Where the Children’s Commissioner considers that the case of an individual child in England raises issues of public policy of relevance to other children, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(2) The Children’s Commissioner may only conduct an inquiry under this section if he is satisfied that the inquiry would not duplicate work that is the function of another person (having consulted such persons as he considers appropriate).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private.

(5) As soon as possible after completing an inquiry under this section the Children’s Commissioner must—

(a) publish a report containing his recommendations; and

(b) send a copy to the Secretary of State.

(6) The report need not identify any individual child if the Children’s Commissioner considers that it would be undesirable for the identity of the child to be made public.

(7) Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions of a public nature, he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations.

(8) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) apply for the purposes of an inquiry held under this section with the substitution for references to the person appointed to hold the inquiry of references to the Children’s Commissioner.

Other inquiries held by Commissioner

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Functions of Commissioner in Wales

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(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Wales, except in so far as relating to any matter falling within the remit of the Children’s Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14).

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Wales.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000, ” ,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ” ,

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Children’s Commissioner for Wales.

(4) Where the Children’s Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (8) of section 3 apply in relation to an inquiry under subsection (4) above.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of Commissioner in Scotland

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(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters.

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Scotland, in relation to reserved matters, ”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland.

(4) Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6) Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section, “reserved matter” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act).

Functions of Commissioner in Northern Ireland

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(1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters.

(1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland.

(2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function.

(2A) For the purposes of subsection (2)—

(a) section 2(3)(i) has effect as if for “in England” there were substituted “ in Northern Ireland, in relation to excepted matters, ”,

(b) sections 2(4) and 2B(3) have effect as if for “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “ groups of children ”,

(d) section 2F(1) has effect as if “or the function under section 2D” were omitted.

(3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People for Northern Ireland.

(4) Where the Children’s Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues.

(5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above.

(6) Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I.14)) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry.

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(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section, “excepted matter” has the same meaning as in the Northern Ireland Act 1998 (c. 47).

Annual reports

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(1) As soon as possible after the end of each financial year the Children’s Commissioner must make a report on—

(a) the way in which he has discharged his functions ...; and

(b) what he has found in the course of exercising those functions during the year; . . .

(2) The Children’s Commissioner must in particular under subsection (1)(a) include—

(a) a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children,

(b) an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care),

(c) an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and

(d) a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions.

(3) Where the Children’s Commissioner makes a report under this section—

(a) he must send a copy to the Secretary of State; and

(b) the Commissioner must as soon as possible lay a copy before each House of Parliament.

(4) The Children’s Commissioner must publish a report under this section as soon as possible after laying it before each House of Parliament.

(5) If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children.

(6) In this section, “financial year” has the same meaning as in paragraph 8 of Schedule 1.

Care leavers and young persons with learning disabilities

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(1) This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A).

(2) For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18—

(a) a person aged 18 or over for whom an EHC plan is maintained by a local authority,

(b) a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or

(c) a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16.

(3) For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25—

(a) who has a learning disability,

(b) who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or

(c) to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16.

(4) For the purposes of this section—

“ EHC plan ” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);

“ learning disability ” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;

a person is “looked after by a local authority” if—for the purposes of the Social Services and Well-being (Wales) Act 2014, he or she is looked after by a local authority in Wales;for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland;for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.

Part 2 — Children’s services in England

General

Co-operation to improve well-being

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(1) Each local authority in England must make arrangements to promote co-operation between—

(a) the authority;

(b) each of the authority’s relevant partners; and

(c) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.

(2) The arrangements are to be made with a view to improving the well-being of children in the authority’s area so far as relating to—

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(d) the contribution made by them to society;

(e) social and economic well-being.

(3) In making arrangements under this section a local authority in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

(4) For the purposes of this section each of the following is a relevant partner of a local 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 local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;

(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 relevant partner of the authority;

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

(da) NHS England;

(db) any integrated care board for an area any part of which falls within the area of the authority;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(fa) the governing body of a maintained school that is maintained by the authority . . . ;

(fb) the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area;

(fc) the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area;

(fd) the governing body of an institution within the further education sector the main site of which is situated in the authority's area;

(fe) the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The relevant partners of a local authority in England must co-operate with the authority in the making of arrangements under this section.

(5A) For the purposes of arrangements under this section a relevant person or body may—

(a) provide staff, goods, services, accommodation or other resources to another relevant person or body;

(b) make contributions to a fund out of which relevant payments may be made.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) A local authority in England and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Secretary of State.

(9) Arrangements under this section may include arrangements relating to—

(a) persons aged 18 and 19;

(b) persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989 (c. 41);

(i) for whom an EHC plan is maintained, or

(ii) who have a learning difficulty or disability, within the meaning of section 15ZA(6) and (7) of the Education Act 1996, and are receiving services under section 15ZA of the Education Act 1996 or section . . . 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009

(10) In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a local authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State.

(11) In this section—

“ governing body ”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;

“ institution within the further education sector ” has the meaning given by section 4(3) of the Education Act 1996;

“ maintained school ” has the meaning given by section 39(1) of the Education Act 2002;

“ proprietor ”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;

“ relevant payment ”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;

“ relevant person or body ” means— a local authority in England;a relevant partner of a local authority in England.

Arrangements to safeguard and promote welfare

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(1) This section applies to each of the following—

(a) a local authority in England;

(b) a district council which is not such an authority;

(ba) NHS England;

(bb) an integrated care board;

(d) a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(g) an NHS foundation trust;

(h) the local policing body and chief officer of police for a police area in England;

(i) the British Transport Police Authority, so far as exercising functions in relation to England;

(ia) the National Crime Agency;

(j) a local probation board for an area in England;

(ja) 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;

(k) a youth offending team for an area in England;

(l) the governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director);

(la) the principal of a secure college in England;

(m) any person to the extent that he is providing services in pursuance of section 74 of the Education and Skills Act 2008.

(2) Each person and body to whom this section applies must make arrangements for ensuring that—

(a) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3) In the case of a local authority in England, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4) Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State.

Information databases

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(1) The Secretary of State may for the purpose of arrangements under section 10 or 11 above or under section 175 of the Education Act 2002—

(a) by regulations require local authorities in England to establish and operate databases containing information in respect of persons to whom such arrangements relate;

(b) himself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.

(2) The Secretary of State may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.

(3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.

(4) The information referred to in subsection (3) is information of the following descriptions in relation to a person—

(a) his name, address, gender and date of birth;

(b) a number identifying him;

(c) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;

(d) details of any education being received by him (including the name and contact details of any educational institution attended by him);

(e) the name and contact details of any person providing primary medical services in relation to him under the National Health Service Act 2006;

(f) the name and contact details of any person providing to him services of such description as the Secretary of State may by regulations specify;

(g) information as to the existence of any cause for concern in relation to him;

(h) information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify.

(5) The Secretary of State may by regulations make provision in relation to the establishment and operation of any database or databases under this section.

(6) Regulations under subsection (5) may in particular make provision—

(a) as to the information which must or may be contained in any database under this section (subject to subsection (3));

(b) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;

(d) permitting or requiring the disclosure of information included in any such database;

(e) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;

(f) as to the conditions on which such access must or may be given;

(g) as to the length of time for which information must or may be retained;

(h) as to procedures for ensuring the accuracy of information included in any such database;

(i) in a case where a database is established by virtue of subsection (1)(b), requiring children’s services authorities in England to participate in the operation of the database.

(7) The persons and bodies referred to in subsection (6)(b) are—

(a) the persons and bodies specified in section 11(1);

(b) the Learning and Skills Council for England;

(c) the governing body of a maintained school in England (within the meaning of section 175 of the Education Act 2002 (c. 32));

(d) the governing body of an institution in England within the further education sector (within the meaning of that section);

(e) the proprietor of an independent school in England (within the meaning of the Education Act 1996 (c. 56));

(ea) the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act);

(f) a person or body of such other description as the Secretary of State may by regulations specify.

(8) The persons and bodies referred to in subsection (6)(c) are—

(a) a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England);

(b) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;

(ca) a private registered provider of social housing;

(d) a registered social landlord;

(e) a person or body of such other description as the Secretary of State may by regulations specify.

(9) The Secretary of State may provide information for inclusion in a database under this section.

(10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.

(11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.

(12) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person or body by the Secretary of State.

(13) Guidance or directions under subsection (12) may in particular relate to—

(a) the management of a database under this section;

(b) the technical specifications for any such database;

(d) the transfer and comparison of information between databases under this section;

(e) the giving of advice in relation to rights under the data protection legislation.

(14) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Local Safeguarding Children Boards

Establishment of LSCBs

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Functions and procedure of LSCBs

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Funding of LSCBs

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LSCBs: supplementary

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Local authority administration

Children and young people’s plans

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(1) The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.

(2) A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.

(3) In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).

(4) Regulations under this section may in particular make provision as to—

(a) the matters to be dealt with in a children and young people's plan;

(b) the period to which a children and young people's plan is to relate;

(d) keeping a children and young people's plan under review;

(e) revising a children and young people's plan;

(f) consultation to be carried out during preparation or revision of a children and young people's plan;

(g) other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.

(5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

Director of children’s services

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(1) A local 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) education functions conferred on or exercisable by the authority . . . ;

(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 , 12C, 12D and 17A of this Act; . . .

(e) any functions exercisable by the authority under section 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 those sections), so far as those functions relate to children; ...

(f) the functions conferred on the authority under Part 1 of the Childcare Act 2006, 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) . . . (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 education functions conferred on or exercisable by a local authority in England . . . as the Secretary of State may by regulations prescribe.

(4) An officer appointed by a local 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 local 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 local 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 local 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.

(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.

Lead member for children’s services

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(1) A local authority in England must, in making arrangements for the discharge of—

(a) the functions conferred on or exercisable by the authority specified in section 18(1)(a) and (b), and

(b) such other functions conferred on or exercisable by the authority as the authority consider appropriate,

designate one of their members as their “lead member for children’s services”.

(2) A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of subsection (1).

Inspections of children’s services

Joint area reviews

20

(1) Any two or more of the persons and bodies to which this section applies must, at the request of the Secretary of State—

(a) conduct, in accordance with a timetable drawn up by them and approved by the Secretary of State, a review of children’s services provided in—

(i) the area of every local authority in England;

(ii) the areas of such local authorities in England as may be specified in the request;

(b) conduct a review of such children’s services provided in the area of such local authority in England as may be specified in the request.

(2) Any two or more of the persons and bodies to which this section applies may conduct a review of any children’s services provided in the area of a particular local authority in England.

(3) The purpose of a review under this section is to evaluate the extent to which, taken together, the children’s services being reviewed improve the well-being of children and relevant young persons (and in particular to evaluate how those services work together to improve their well-being).

(4) The persons and bodies to which this section applies are—

(a) the Chief Inspector of Schools;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Care Quality Commission;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the chief inspector of constabulary;

(g) Her Majesty's Chief Inspector of Probation for England and Wales

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) the Chief Inspector of Prisons.

(5) Reviews under this section are to be conducted in accordance with arrangements made by the Chief Inspector of Schools.

(6) Before making arrangements for the purposes of reviews under this section the Chief Inspector of Schools must consult such of the other persons and bodies to which this section applies as he considers appropriate.

(7) The annual report of the Chief Inspector of Schools required by subsection (1) of section 121 of the Education and Inspections Act 2006 to be made to the Secretary of State must include an account of reviews under this section; and the power conferred by subsection (3) of that section to make other reports to the Secretary of State includes a power to make reports about such reviews.

(8) The Secretary of State may by regulations make provision for the purposes of reviews under this section and in particular provision—

(a) requiring or facilitating the sharing or production of information for the purposes of a review under this section (including provision for the creation of criminal offences);

(b) authorising any person or body conducting a review under this section to enter any premises for the purposes of the review (including provision for the creation of criminal offences);

(d) for the making by such persons as may be specified in or under the regulations of written statements of proposed action in the light of the report and the period within which any such action must or may be taken;

(e) for the provision to members of the public of copies of reports and statements made under paragraphs (c) and (d), and for charging in respect of any such provision;

(f) for the disapplication, in consequence of a requirement under this section, of any requirement under any other enactment to conduct an assessment or to do anything in connection with an assessment.

(9) Regulations under subsection (8) may in particular make provision by applying enactments falling within subsection (10), with or without modification, for the purposes of reviews under this section.

(10) The enactments falling within this subsection are enactments relating to the powers of persons and bodies to which this section applies for the purposes of assessments other than reviews under this section.

(11) Regulations under subsection (8) may make provision authorising or requiring the doing of anything by reference to the determination of a person of a description specified in the regulations.

Framework

21

(1) The Chief Inspector of Schools must devise a Framework for Inspection of Children’s Services (“the Framework”).

(2) The Framework must, for the purpose specified in subsection (3), set out principles to be applied by any person or body conducting a relevant assessment.

(3) The purpose referred to in subsection (2) is to ensure that relevant assessments properly evaluate and report on the extent to which children’s services improve the well-being of children and relevant young persons.

(4) The principles in the Framework may—

(a) include principles relating to the organisation of the results of any relevant assessment;

(b) make different provision for different cases.

(5) For the purposes of subsections (2) to (4) a relevant assessment is an assessment conducted under any enactment in relation to any children’s services.

(6) When devising the Framework, the Chief Inspector of Schools must consult the other persons and bodies to which section 20 applies.

(7) The Chief Inspector of Schools must publish the Framework, but before doing so must—

(a) consult such persons and bodies, other than those referred to in subsection (6), as he thinks fit; and

(b) obtain the consent of the Secretary of State.

(8) The Chief Inspector of Schools may at any time revise the Framework (and subsections (6) and (7) apply in relation to revisions to the Framework as to the original Framework).

Co-operation and delegation

22

(1) Each person or body with functions under any enactment of conducting assessments of children’s services must for the purposes of those assessments co-operate with other persons or bodies with such functions.

(2) A person or body with functions under any enactment of conducting assessments of children’s services may delegate any of those functions to any other person or body with such functions.

Sections 20 to 22: interpretation

23

(1) This section applies for the purposes of sections 20 to 22.

(2) “Assessment” includes an inspection, review, investigation or study.

(3) “Children’s services” means—

(a) anything done for or in relation to children and relevant young persons (alone or with other persons)—

(i) in respect of which, apart from section 20, a person or body to which that section applies conducts any kind of assessment, or secures that any kind of assessment is conducted; and

(ii) which is specified in, or is of a description prescribed by, regulations made by the Secretary of State;

(b) any function under sections 10 and 12B to 19; . . .

(d) any function conferred on a local authority under Part 1 of the Childcare Act 2006, and

(e) any function conferred on a local authority under section 2 of the Childcare Act 2016.

(4) “Relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.

(5) “The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

24

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Part 3 — Children’s services in Wales

General

Co-operation to improve well-being: Wales

25

(1) Each local authority in Wales must make arrangements to promote co-operation between—

(a) the authority;

(b) each of the authority’s relevant partners; and

(c) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.

(1A) Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions.

(2) The arrangements under subsections (1) and (1A) are to be made with a view to—

(a) improving the well-being of children within the authority's area, in particular those with needs for care and support;

(b) improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision);

(c) protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989).

(3) In making arrangements under this section a local authority in Wales must have regard to the importance of parents and other persons caring for children in improving the well-being of children.

(4) For the purposes of this section each of the following is the relevant partner of a local authority in Wales—

(a) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;

(aa) any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section;

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

(ba) 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 Wales;

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

(d) a Local Health Board for an area any part of which falls within the area of the authority;

(e) an NHS trust providing services in the area of the authority;

(f) the Commission for Tertiary Education and Research;

(g) such a person, or a person of such description, as regulations made by the Welsh Ministers may specify.

(4A) Regulations under subsection (4)(g) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college unless the Secretary of State consents.

(5) The relevant partners of a local authority in Wales must co-operate with the authority in the making of arrangements under this section.

(6) A local authority in Wales and any of their relevant partners may for the purposes of arrangements under this section—

(a) provide staff, goods, services, accommodation or other resources;

(b) establish and maintain a pooled fund.

(7) For the purposes of subsection (6) a pooled fund is a fund—

(a) which is made up of contributions by the authority and the relevant partner or partners concerned; and

(b) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.

(8) A local authority in Wales and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers.

(9) The Welsh Ministers must obtain the consent of the Secretary of State before giving guidance under subsection (8) at any time after the coming into force of any of paragraphs (a) to (c) of subsection (4).

(9A) Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.

(10) Arrangements under this section may include arrangements relating to—

(a) persons aged 18 and 19;

(b) persons over the age of 19 who are receiving—

(i) services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or

(ii) youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)).

(11) In this section—

“ care and support ” means— care;support;both care and support;

“ well-being ” means well-being in relation to any of the following— physical and mental health and emotional well-being;protection from abuse and neglect;education, training and recreation;domestic, family and personal relationships;contribution made to society;securing rights and entitlements;social and economic well-being;suitability of living accommodation;physical, intellectual, emotional, social and behavioural development;and it includes “welfare” as that word is interpreted for the purposes of the Children Act 1989.

Children and young people’s plans: Wales

26

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Responsibility for functions under sections 25 and 26

27

(1) A local authority in Wales must—

(a) appoint an officer, to be known as the “lead director for children and young people’s services”, for the purposes of co-ordinating and overseeing arrangements made under section 25 ; and

(b) designate one of their members, to be known as the “lead member for children and young people’s services”, to have as his special care the discharge of the authority’s functions under that section.

(2) A Local Health Board must—

(a) appoint an officer, to be known as the Board’s “lead officer for children and young people’s services”, for the purposes of the Board’s functions under section 25; and

(b) designate one of the Board’s members who is not an officer as its “lead member for children and young people’s services” to have the discharge of those functions as his special care.

(3) An NHS trust to which section 25 applies must—

(a) appoint an executive director, to be known as the trust’s “lead executive director for children and young people’s services”, for the purposes of the trust’s functions under that section; and

(b) designate one of the trust’s non-executive directors as its “lead non-executive director for children and young people’s services” to have the discharge of those functions as his special care.

(4) Each local authority in Wales, Local Health Board and NHS trust to which section 25 applies must have regard to any guidance given to them by the Assembly in relation to—

(a) their functions under this section;

(b) the responsibilities of the persons appointed or designated by them under this section.

Arrangements to safeguard and promote welfare: Wales

28

(1) This section applies to each of the following—

(a) a local authority in Wales;

(b) a Local Health Board;

(d) the local policing body and chief officer of police for a police area in Wales;

(e) the British Transport Police Authority, so far as exercising functions in relation to Wales;

(ea) the National Crime Agency;

(f) a local probation board for an area in Wales;

(fa) 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 Wales;

(g) a youth offending team for an area in Wales;

(h) the governor of a prison or secure training centre in Wales (or, in the case of a contracted out prison or secure training centre, its director);

(ha) the principal of a secure college in Wales;

(i) any person to the extent that he is providing services pursuant to arrangements made by a local authority in Wales under section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth support services).

(2) Each person and body to whom this section applies must make arrangements for ensuring that—

(a) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and

(b) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

(3) In the case of a local authority in Wales, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.

(4) The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Assembly.

(5) The persons and bodies referred to in subsection (1)(d) to (h) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State after consultation with the Assembly.

Information databases: Wales

29

(1) The Assembly may for the purpose of arrangements under section 25 or 28 above or under section 175 of the Education Act 2002—

(a) by regulations require local authorities in Wales to establish and operate databases containing information in respect of persons to whom such arrangements relate;

(b) itself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.

(2) The Assembly may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.

(3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.

(4) The information referred to in subsection (3) is information of the following descriptions in relation to a person—

(a) his name, address, gender and date of birth;

(b) a number identifying him;

(c) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;

(d) details of any education being received by him (including the name and contact details of any educational institution attended by him);

(e) the name and contact details of any person providing primary medical services in relation to him under the National Health Service (Wales) Act 2006;

(f) the name and contact details of any person providing to him services of such description as the Assembly may by regulations specify;

(g) information as to the existence of any cause for concern in relation to him;

(h) information of such other description, not including medical records or other personal records, as the Assembly may by regulations specify.

(5) The Assembly may by regulations make provision in relation to the establishment and operation of any database or databases under this section.

(6) Regulations under subsection (5) may in particular make provision—

(a) as to the information which must or may be contained in any database under this section (subject to subsection (3));

(b) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;

(d) permitting or requiring the disclosure of information included in any such database;

(e) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;

(f) as to the conditions on which such access must or may be given;

(g) as to the length of time for which information must or may be retained;

(h) as to procedures for ensuring the accuracy of information included in any such database;

(i) in a case where a database is established by virtue of subsection (1)(b), requiring local authorities in Wales to participate in the operation of the database.

(7) The persons and bodies referred to in subsection (6)(b) are—

(a) the persons and bodies specified in section 28(1);

(b) the Commission for Tertiary Education and Research;

(c) the governing body of a maintained school in Wales (within the meaning of section 175 of the Education Act 2002 (c. 32));

(d) the governing body of an institution in Wales within the further education sector (within the meaning of that section);

(e) the proprietor of an independent school in Wales (within the meaning of the Education Act 1996 (c. 56));

(f) a person or body of such other description as the Assembly may by regulations specify.

(8) The persons and bodies referred to in subsection (6)(c) are—

(a) a person registered in Wales for child minding or the provision of day care under Part 2 of the Children and Families (Wales) Measure 2010;

(b) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;

(d) a registered social landlord or private registered provider of social housing;

(e) a person or body of such other description as the Assembly may by regulations specify.

(9) The Assembly and the Secretary of State may provide information for inclusion in a database under this section.

(10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.

(11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.

(12) Regulations under subsections (1)(a) and (5) may only be made with the consent of the Secretary of State.

(13) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person by the Assembly.

(14) Guidance or directions under subsection (13) may in particular relate to—

(a) the management of a database under this section;

(b) the technical specifications for any such database;

(d) the transfer and comparison of information between databases under this section;

(e) the giving of advice in relation to rights under the data protection legislation.

(15) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Inspection of functions under this Part

30

(1) The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).

(2) This section applies to the following functions of a local authority—

(a) the authority’s functions under section 25 ..., except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21));

(b) the authority’s functions under section 28;

Local Safeguarding Children Boards

Establishment of LSCBs in Wales

31

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Functions and procedure of LSCBs in Wales

32

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Funding of LSCBs in Wales

33

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LSCBs in Wales: supplementary

34

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Part 4 — Advisory and support services for family proceedings

CAFCASS functions in Wales

Functions of the Assembly relating to family proceedings

35

(1) In respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question, it is a function of the Assembly to—

(a) safeguard and promote the welfare of the children;

(b) give advice to any court about any application made to it in such proceedings;

(d) provide information, advice and other support for the children and their families.

(2) The Assembly must also make provision for the performance of the functions conferred on Welsh family proceedings officers by virtue of any enactment (whether or not they are exercisable for the purposes of subsection (1)).

(3) In subsection (1), “family proceedings” has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43).

(4) In this Part, “Welsh family proceedings officer” means—

(a) any member of the staff of the Assembly appointed to exercise the functions of a Welsh family proceedings officer; and

(b) any other individual exercising functions of a Welsh family proceedings officer by virtue of section 36(2) or (4).

Ancillary powers of the Assembly

36

(1) The Assembly may make arrangements with organisations under which the organisations perform the functions of the Assembly under section 35 on its behalf.

(2) Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of Welsh family proceedings officers.

(3) The Assembly may only make an arrangement under subsection (1) if it is of the opinion—

(a) that the functions in question will be performed efficiently and to the required standard; and

(b) that the arrangement represents good value for money.

(4) The Assembly may make arrangements with individuals under which they may perform functions of Welsh family proceedings officers.

(5) The Assembly may make arrangements with an organisation or individual under which staff of the Assembly engaged in the exercise of its functions under section 35 may work for the organisation or individual.

(6) The Assembly may make arrangements with an organisation or individual under which any services provided by the Assembly’s staff to the Assembly in the exercise of its functions under section 35 are also made available to the organisation or individual.

(7) The Assembly may charge for anything done under arrangements under subsection (5) and (6).

(8) In this section, references to organisations include public bodies and private or voluntary organisations.

Welsh family proceedings officers

37

(1) The Assembly may authorise a Welsh family proceedings officer of a description prescribed in regulations made by the Secretary of State—

(a) to conduct litigation in relation to any proceedings in any court,

(b) to exercise a right of audience in any proceedings in any court,

in the exercise of his functions.

(2) A Welsh family proceedings officer exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.

(3) A Welsh family proceedings officer exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.

(4) A Welsh family proceedings officer may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.

(5) But a Welsh family proceedings officer may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with this section.

(6) In this section, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.

Inspections

38

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Protection of children

39

(1) The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act.

(2) Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—

(a) must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and

(b) if he is included in any of those lists, must not select him for that employment.

(3) Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc), the organisation must so refer him.

(4) In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.

Advisory and support services for family proceedings: supplementary

40

Schedule 3 (which makes supplementary and consequential provision relating to this Part, including provision relating to functions of Welsh family proceedings officers) has effect.

41

(1) The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43).

(2) A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions.

Transfers

Transfer of property from CAFCASS to Assembly

42

(1) For the purposes of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer to the Assembly of property, rights and liabilities of the Children and Family Court Advisory and Support Service (in this section, “CAFCASS”).

(2) The reference in subsection (1) to rights and liabilities does not include rights and liabilities under a contract of employment.

(3) A scheme under this section may—

(a) specify the property, rights and liabilities to be transferred by the scheme; or

(b) provide for the determination, in accordance with the scheme, of the property, rights and liabilities to be transferred by the scheme.

(4) A scheme under this section may include provision for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.

(5) A scheme under this section has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.

(6) A right of pre-emption or reverter or other similar right does not operate or become exercisable as a result of any transfer under a scheme under this section; and in the case of such a transfer, any such right has effect as if the Assembly were the same person in law as CAFCASS and as if the transfer had not taken place.

(7) The Assembly is to pay such compensation as is just to any person in respect of any right which would, apart from subsections (5) and (6), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those subsections, cannot subsequently operate in his favour or become exercisable by him.

(8) A scheme under this section may provide for the determination of any disputes as to whether and, if so, how much compensation is payable under subsection (7).

(9) Subsections (5) to (8) apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property.

(10) A certificate issued by the Secretary of State and the Assembly jointly that any property, rights or liabilities have or have not been transferred by a scheme under this section is conclusive evidence as to whether they have or have not been so transferred.

Transfer of staff from CAFCASS to Assembly

43

(1) For the purpose of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer of employees of CAFCASS to the Assembly.

(2) A scheme under this section may apply—

(a) to any description of employees of CAFCASS;

(b) to any individual employee of CAFCASS.

(3) A contract of employment of an employee transferred under a scheme under this section—

(a) is not terminated by the transfer; and

(b) has effect from the date of the transfer under the scheme as if originally made between the employee and the Assembly.

(4) Where an employee is so transferred—

(a) all the rights, powers, duties and liabilities of CAFCASS under or in connection with the contract of employment are by virtue of this subsection transferred to the Assembly on the date of the transfer under the scheme; and

(b) anything done before that date by or in relation to CAFCASS in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the Assembly.

This subsection does not prejudice the generality of subsection (3).

(5) But if the employee informs the Assembly or CAFCASS that he objects to the transfer—

(a) subsections (3) and (4) do not apply; and

(b) his contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any reason, as having been dismissed by CAFCASS.

(6) This section does not prejudice any right of an employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

(7) A scheme may be made under this section only if any requirements about consultation prescribed in regulations made by the Secretary of State and the Assembly jointly have been complied with in relation to each of the employees of CAFCASS to be transferred under the scheme.

(8) In this section “CAFCASS” has the same meaning as in section 42.

Part 5 — Miscellaneous

Private fostering

Amendments to notification scheme

44

(1) Section 67 of the Children Act 1989 (c. 41) (welfare of privately fostered children) is amended as specified in subsections (2) to (6).

(2) In subsection (1)—

(a) after “who are” insert “ or are proposed to be ”;

(b) after “is being” insert “ or will be ”;

(3) After subsection (2) insert—

(2A) Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered.

(4) In subsection (3) for “to visit privately fostered children” substitute “ for the purpose ”.

(5) In subsection (5)—

(a) after “child who is” insert “ or is proposed to be ”;

(b) after “is being” insert “ or will be ”.

(6) After subsection (5) insert—

(6) The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose).

(7) In Schedule 8 to that Act (privately fostered children) after paragraph 7 insert—

(7A) Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7.

(8) The reference to that Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.

Power to establish registration scheme in England

45

(1) The Secretary of State may by regulations require any person who fosters a child privately in the area of a local authority in England to be registered for private fostering by that authority in accordance with the regulations.

(2) Regulations under this section may make supplementary provision relating to the registration of persons for private fostering, including provision as to—

(a) how a person applies for registration and the procedure to be followed in considering an application;

(b) the requirements to be satisfied before a person may be registered;

(d) the circumstances in which an application for registration may or must be granted or refused;

(e) the payment of a fee on the making or granting of an application for registration;

(f) the imposition of conditions on registration and the variation or cancellation of such conditions;

(g) the circumstances in which a person’s registration may be, or be regarded as, cancelled;

(h) the making of appeals against any determination of a local authority in England in relation to a person’s registration;

(i) temporary registration, or circumstances in which a person may be regarded as registered;

(j) requirements to be complied with by a local authority in England or a person registered under the regulations.

(3) The provision which may be made under subsection (2)(a) includes provision that any person who, in an application for registration under the regulations, knowingly makes a statement which is false or misleading in a material particular is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(4) The requirements for which provision may be made under subsection (2)(b) include requirements relating to—

(a) the suitability of the applicant to foster children privately;

(b) the suitability of the premises in which it is proposed to foster children privately (including their suitability by reference to any other person living there).

(5) The provision which may be made under subsection (2)(c) includes provision that a person may be disqualified where—

(a) an order of a kind specified in the regulations has been made at any time with respect to him;

(b) an order of a kind so specified has been made at any time with respect to any child who has been in his care;

(c) a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment;

(d) he has been convicted of a criminal offence of a kind so specified, or a probation order has been made in respect of him for any such offence or he has been discharged absolutely or conditionally for any such offence;

(e) a prohibition has been imposed on him under any specified enactment;

(f) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment;

(g) he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed.

(6) The provision which may be made under subsection (2)(c) also includes provision for a local authority in England to determine whether a person is or is not to be disqualified.

(7) The conditions for which provision may be made under subsection (2)(f) include conditions relating to—

(a) the maintenance of premises in which children are, or are proposed to be, privately fostered;

(b) any other persons living at such premises.

(8) The provision which may be made under subsection (2)(j) includes—

(a) a requirement that a person registered under the regulations obtain the consent of the local authority in England by whom he is registered before privately fostering a child;

(b) provision relating to the giving of such consent (including provision as to the circumstances in which, or conditions subject to which, it may or must be given).

(9) The provision which may be made under subsection (2)(j) also includes—

(a) a requirement for a local authority in England to undertake annual inspections in relation to persons registered under the regulations (whether in fact privately fostering children or not); and

(b) provision for the payment of a fee by registered persons in respect of such inspections.

(10) Regulations under this section may—

(a) authorise a local authority in England to issue a notice to any person whom they believe to be fostering a child privately in their area without being registered in accordance with the regulations; and

(b) provide that a person who, without reasonable excuse, fosters a child privately without being registered in accordance with the regulations while such a notice is issued in respect of him is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(11) Regulations under this section may provide that a person registered under the regulations who without reasonable excuse contravenes or otherwise fails to comply with any requirement imposed on him in the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(12) Regulations under this section may provide that a person who fosters a child privately while he is disqualified from being registered is guilty of an offence unless—

(a) he is disqualified by virtue of the fact that he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed; and

(b) he did not know, and had no reasonable grounds for believing, that that person was so disqualified.

(13) Where regulations under this section make provision under subsection (12), they must provide that a person who is guilty of the offence referred to in that subsection is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) a term of imprisonment not exceeding 51 weeks (or, in the case of an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), not exceeding six months), or

(14) Regulations under this section may—

(a) make consequential amendments (including repeals) to sections 67(2) to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the Children Act 1989 (c. 41);

(b) amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) as to add functions of a local authority in England under this section to the functions listed in that Schedule.

(15) Nothing in this section affects the scope of section 66(1).

(16) For the purposes of this section references to a person fostering a child privately have the same meaning as in the Children Act 1989.

Power to establish registration scheme in Wales

46

(1) The Assembly may by regulations require any person who fosters a child privately in the area of a local authority in Wales to be registered for private fostering by that authority in accordance with the regulations.

(2) Subsections (2) to (15) of section 45 apply in relation to regulations under this section as they apply in relation to regulations under that section with the substitution for references to a local authority in England of references to a local authority in Wales.

(3) Subsection (16) of that section applies for the purposes of this section.

Expiry of powers in sections 45 and 46

47

(1) If no regulations have been made under section 45 by the relevant time, that section shall (other than for the purposes of section 46(2) and (3)) cease to have effect at that time.

(2) If no regulations have been made under section 46 by the relevant time, that section shall cease to have effect at that time.

(3) In this section, the relevant time is the end of the period of seven years beginning with the day on which this Act is passed.

Child minding and day care

48

Schedule 4 (which makes provision amending Part 10A of the Children Act 1989 (c. 41) in relation to child minding and day care) has effect.

Local authority services

Payments to foster parents

49

(1) The appropriate person may by order make provision as to the payments to be made—

(a) by a local authority in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section 22C of the Children Act 1989or section 81 of the Social Services and Well-being (Wales) Act 2014;

(b) by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of the Children Act 1989.

(2) In subsection (1)—

“appropriate person” means—the Secretary of State, in relation to a local authority in England;the Assembly, in relation to a local authority in Wales;

“local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;

“voluntary organisation” has the same meaning as in the Children Act 1989.

(3) In section 23(2)(a) of the Children Act 1989, at the end insert . “ (subject to section 49 of the Children Act 2004) ”

(4) In section 59(1)(a) of that Act, at the end insert “ (subject to section 49 of the Children Act 2004) ” .

Intervention

50

(1) Section 497A of the Education Act 1996 (power to secure proper performance of a local authority's education functions) applies in relation to the functions of a local authority in England which are specified in subsection (2) as it applies in relation to a local authority's education functions.

(1A) In subsection (1) “ education functions ” has the meaning given by section 579(1) of the Education Act 1996.

(2) The functions of a local authority are—

(a) functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

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

(c) the functions conferred on the authority under sections 10, 12 , 12C, 12D and 17A above (in the case of a local authority in England) ...

(3) In subsection (2)(a) “social services functions” has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42).

(4) Sections 497AA and 497B of the Education Act 1996 apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of a local authority which are specified in subsection (2).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (5) of section 497A of that Act, the reference to functions to which that section applies includes (for all purposes) the functions of a local authority which are specified in subsection (2).

(7) If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—

(a) a reference in this section to a local authority includes a reference to the combined authority, and

(b) a reference in this section to functions specified in subsection (2) is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.

(8) If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined county authority by virtue of section 18 of the Levelling-up and Regeneration Act 2023—

(a) a reference in this section to a local authority includes a reference to the combined county authority, and

(b) a reference in this section to functions specified in subsection (2) is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority.

Inspection of local education authorities

51

In section 38 of the Education Act 1997 (c. 44) (inspection of LEAs), for subsection (2) substitute—

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Children Act 2004

Part 1 — Children’s Commissioner

Co-operation to improve well-being: Wales

1

Power to establish registration scheme in England

2

Information about individual children

3

Other inquiries held by Commissioner

4

Functions of Commissioner in Wales

5

Functions of Commissioner in Scotland

6

Functions of Commissioner in Northern Ireland

7

Annual reports

8

Care leavers and young persons with learning disabilities

9

Part 2 — Children’s services in England

General

Co-operation to improve well-being

10

Arrangements to safeguard and promote welfare

11

Information databases

12

Local Safeguarding Children Boards

Establishment of LSCBs

13

Functions and procedure of LSCBs

14

Funding of LSCBs

15

LSCBs: supplementary

16

Local authority administration

Children and young people’s plans

17

Director of children’s services

18

Lead member for children’s services

19

Inspections of children’s services

Joint area reviews

20

Framework

21

Co-operation and delegation

22

Sections 20 to 22: interpretation

23

Performance rating of social services

24

Part 3 — Children’s services in Wales

General

Co-operation to improve well-being: Wales

25

Children and young people’s plans: Wales

26

Responsibility for functions under sections 25 and 26

27

Arrangements to safeguard and promote welfare: Wales

28

Information databases: Wales

29

Inspection of functions under this Part

30

Local Safeguarding Children Boards

Establishment of LSCBs in Wales

31

Functions and procedure of LSCBs in Wales

32

Funding of LSCBs in Wales

33

LSCBs in Wales: supplementary

34

Part 4 — Advisory and support services for family proceedings

CAFCASS functions in Wales