Children and Families (Wales) Measure 2010 (nawm1)

PART 3 W INTEGRATED FAMILY SUPPORT TEAMS

Teams W

57 Establishment of integrated family support teams W

(1) A local authority must establish for its area one or more integrated family support teams.

(2) Two (or more) local authorities acting together may establish one or more integrated family support teams for both (or all) their areas; and if they do so—

(a) any reference in this Part (except section 59(1)(b)) to a local authority or its area is to be interpreted accordingly, and

(b) the reference in section 59(1)(b) is to be interpreted as a reference to each of the authorities.

(3) A Local Health Board must—

(a) participate in the establishment under subsection (1) or (2) of one or more integrated family support teams for its area, and

(b) assist the discharge by a local authority of its functions under this Part (if any part of the Local Health Board's area lies within the local authority's area).

Commencement Information

I1 S. 57 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I2 S. 57 in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I3 S. 57 in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

58 Functions of integrated family support teams W

(1) An integrated family support team must carry out the family support functions that are assigned to it by the local authority with the consent of each Local Health Board that relates to the team.

(2) Family support functions are—

(a) prescribed social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), or

(b) prescribed functions of—

(i) a Local Health Board, or

(ii) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006 (c. 42).

(3) For the purposes of this Part, a Local Health Board relates to an integrated family support team if any part of the Local Health Board's area lies within the area covered by the team.

(4) The functions of an integrated family support team are to be carried out under the direction of an integrated family support board established under section 61.

(5) The family support functions of an integrated family support team are to be carried out in respect of a family referred to it by the local authority.

(6) A local authority may refer a family to an integrated family support team if it reasonably believes or suspects that a parent of a child in that family (or a prospective parent)—

(a) is dependent on alcohol or drugs,

(b) is a victim of domestic violence or abuse,

(c) has a history of violent or abusive behaviour, or

(d) has a mental disorder.

(7) For the purposes of subsection (5), “family” includes each of the following—

(a) a child in need (or a looked after child), the parents of the child and, if the authority thinks it is appropriate, any other individual connected with the child or the parents;

(b) individuals who are about to become the parents of a child in circumstances where subsection (8) applies and, if the local authority thinks it appropriate, any other individual connected with the individuals who are about to become the parents of that child.

(8) This subsection applies if the local authority is of the opinion that the child is likely to be a child in need if the individual becomes the parent of that child.

(9) An integrated family support team must evaluate and record the effectiveness of its work with the families referred to it.

(10) Regulations may—

(a) assign family support functions to an integrated family support team;

(b) allow local authorities to make referrals to the integrated family support team in circumstances not mentioned in this section.

(11) The assignment of functions under this section does not affect—

(a) the liability of a Local Health Board for the exercise of any of its functions,

(b) the liability of a local authority for the exercise of any of its functions, or

(c) any power or duty to recover charges in respect of services provided in the exercise of any local authority functions.

(12) A function assigned under this section is exercisable concurrently by the integrated family support team and the body on whom the function is conferred.

(13) In this section—

• “abuse” (“cam-drin”) includes both sexual activity without consent and unreasonable behaviour liable to cause serious psychological harm; abuse is “domestic abuse” if it is from an individual who is associated with the victim; and “abusive” is to be interpreted accordingly;

• “child in need” (“plentyn mewn angen”) means a child in need for the purposes of Part 3 of the Children Act 1989 (c. 41);

• “looked after child” (“plentyn sy'n derbyn gofal”) means a child looked after by a local authority (within the meaning of section 22(1) of the Children Act 1989 (c. 41));

• “mental disorder” (“anhwylder meddwl”) means any disorder or disability of the mind;

• “parent”, (“rhiant”) in relation to a child, includes any individual—

  (a)

  who is not a parent of the child but who has parental responsibility for the child, or

  (b)

  who has care of the child;

• “violence” (“trais”) means violence or threats of violence which are likely to be carried out and

• “violent” is to be interpreted accordingly; violence is domestic violence if it is from an individual who is associated with the victim.

(14) For the purposes of the definition of “parent” in subsection (13)—

(a) “parental responsibility” has the same meaning as in the Children Act 1989 (c. 41);

(b) in determining whether an individual has care of a child, any absence of the child at a hospital, children's home or foster placement and any other temporary absence is to be disregarded.

Commencement Information

I4 S. 58(1)-(5)(6)(a)(7)-(14) in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I5 S. 58(1)(3)-(5)(6)(a)(7)-(14) in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I6 S. 58(1)(3)-(5)(6)(a)(7)-(14) in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

I7 S. 58(2) in force at 27.1.2012 in so far as not already in force by S.I. 2012/191, art. 2, Sch. 1

59 Resources for integrated family support teams W

(1) A local authority and a Local Health Board may pay towards the expenditure incurred by, or for purposes connected with, an integrated family support team established by the local authority—

(a) by making payments directly, or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(2) Regulations may make further provision for and in connection with the funding of integrated family support teams, including (among other things) provision about expenditure—

(a) for posts or categories of post in integrated family support teams;

(b) for particular family support services or such services generally;

(c) for the administration of integrated family support teams;

(d) for any other purpose connected to integrated family support teams.

(3) A local authority and a Local Health Board may provide staff, goods, services, accommodation or other resources for and in connection with an integrated family support team established by the local authority.

Commencement Information

I8 S. 59 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I9 S. 59 in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I10 S. 59 in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

60 Composition of integrated family support teams W

(1) A local authority must ensure that an integrated family support team includes prescribed persons.

(2) A local authority may include such other persons in an integrated family support team as it thinks appropriate with the consent of each Local Health Board that relates to the team.

Commencement Information

I11 S. 60 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I12 S. 60(1) in force at 27.1.2012 in so far as not already in force by S.I. 2012/191, art. 2, Sch. 1

I13 S. 60(2) in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I14 S. 60(2) in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

Boards W

61 Establishment of integrated family support boards W

(1) Each local authority must establish an integrated family support board in respect of the one or more teams established for its area under section 57.

(2) Where two (or more) local authorities acting together establish one or more integrated family support teams for both (or all) their areas, the authorities must establish one integrated family support board.

(3) A board established under this section must include all of the following—

(a) the director of social services;

(b) if the director of social services is not the lead director for children and young people's services (within the meaning of section 27(1)(a) of the Children Act 2004 (c. 21)), the lead director for children and young people's services;

(c) the lead officer for children and young people's services (within the meaning of section 27(2)(a) of the Children Act 2004 (c. 21)) from each Local Health Board any part of whose area lies within the area covered by the team.

(4) A board established for more than one local authority area must include the persons mentioned at paragraphs (a) and (b) of subsection (3) from each local authority.

(5) A local authority may appoint other members to a board with the consent of each Local Health Board that relates to the integrated family support team.

(6) A member appointed under subsection (5) holds and vacates office in accordance with the terms of the appointment.

(7) A local authority may pay remuneration and allowances to a member appointed under subsection (5).

Commencement Information

I15 S. 61 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I16 S. 61 in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I17 S. 61 in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

62 Functions of integrated family support boards W

(1) The objectives of integrated family support boards are—

(a) to ensure the effectiveness of what is done by the integrated family support teams to which they relate;

(b) to promote good practice by the local authorities and Local Health Boards participating in the teams in respect of the functions assigned to the teams;

(c) to ensure that integrated family support teams have sufficient resources to carry out their functions;

(d) to ensure that the local authorities and Local Health Boards participating in the integrated family support teams co-operate with the integrated family support teams in discharging the teams' functions.

(2) An integrated family support board is to have such functions in relation to its objectives as the Welsh Ministers may by regulations prescribe.

Commencement Information

I18 S. 62 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I19 S. 62(1) in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I20 S. 62(1) in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

I21 S. 62(2) in force at 27.1.2012 in so far as not already in force by S.I. 2012/191, art. 2, Sch. 1

Regulations W

63 Regulations about integrated family support teams and boards W

Regulations may provide for—

(a) review of cases referred to integrated family support teams;

(b) complaints and disputes about the exercise of functions by integrated family support teams;

(c) the provision of information about integrated family support teams;

(d) the sharing of information between local authorities, Local Health Boards, integrated family support teams and boards;

(e) accounts and audit in respect of functions assigned to integrated family support teams;

(f) the procedures to be followed by an integrated family support board.

Commencement Information

I22 S. 63 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I23 S. 63 in force at 27.1.2012 in so far as not already in force by S.I. 2012/191, art. 2, Sch. 1

Reports W

64 Annual reports on integrated family support teams W

(1) Each integrated family support board must make an annual report to—

(a) the local authority;

(b) each Local Health Board that relates to the integrated family support teams for which the board is responsible;

(c) the Welsh Ministers.

(2) The report must be about the effectiveness of each integrated family support team to which the board relates and may include anything else related to the work of the team or the board.

Commencement Information

I24 S. 64 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I25 S. 64 in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I26 S. 64 in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2

Guidance W

65 Guidance about integrated family support teams W

In exercising their functions under this Part, the following bodies must have regard to any guidance given from time to time by the Welsh Ministers—

(a) a local authority;

(b) a Local Health Board;

(c) an integrated family support team;

(d) an integrated family support board.

Commencement Information

I27 S. 65 in force at 1.9.2010 for specified purposes by S.I. 2010/1699, art. 2, Sch. 1

I28 S. 65 in force at 28.2.2012 for specified purposes by S.I. 2012/191, art. 3, Sch. 2

I29 S. 65 in force at 31.3.2012 for specified purposes by S.I. 2012/191, art. 4, Sch. 2