Part IIIF51SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND
F39Independent reviewing officers
F4825AAppointment of independent reviewing officer
1
If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case.
2
The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26.
3
If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable.
4
An appointee must be of a description prescribed in regulations made by the F52Secretary of State.
F4825BFunctions of the independent reviewing officer
1
The independent reviewing officer must—
a
monitor the performance by the local authority of their functions in relation to the child's case;
b
participate, in accordance with regulations made by the F53Secretary of State, in any review of the child's case;
c
ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority;
d
perform any other function which is prescribed in regulations made by the F54Secretary of State.
2
An independent reviewing officer's functions must be performed—
a
in such manner (if any) as may be prescribed in regulations made by the F55Secretary of State; and
b
having regard to such guidance as that authority may issue in relation to the discharge of those functions.
3
If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to—
a
an officer of the Children and Family Court Advisory and Support Service; F56 ...
F56 b
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4
If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority—
a
to co-operate with that individual; and
b
to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily.
25CF37Referred cases
1
In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations—
a
extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings;
b
require any functions of the officers to be performed in the manner prescribed by the regulations.
F57 2
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I1 26 Review of cases and inquiries into representations.
1
The F58Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations.
2
The regulations may, in particular, make provision—
a
as to the manner in which each case is to be reviewed;
b
as to the considerations to which the local authority are to have regard in reviewing each case;
c
as to the time when each case is first to be reviewed and the frequency of subsequent reviews;
d
requiring the authority, before conducting any review, to seek the views of—
i
the child;
ii
his parents;
iii
any person who is not a parent of his but who has parental responsibility for him; and
iv
any other person whose views the authority consider to be relevant,
including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review;
e
requiring the authority F1 . . . , in the case of a child who is in their care
F2i
to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly,
ii
to consider, whether an application should be made to discharge the care order;
f
requiring the authority F3 . . . , in the case of a child in accommodation provided by the authority
F4i
if there is no plan for the future care of the child, to prepare one,
ii
if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly,
iii
to consider, whether the accommodation accords with the requirements of this Part;
g
requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act;
h
requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review;
i
requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to—
i
the child;
ii
his parents;
iii
any person who is not a parent of his but who has parental responsibility for him; and
iv
any other person whom they consider ought to be notified;
j
requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations.
F49 k
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F50 2A
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F502B
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F50 2C
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F50 2D
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3
Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by—
a
any child who is being looked after by them or who is not being looked after by them but is in need;
b
a parent of his;
c
any person who is not a parent of his but who has parental responsibility for him;
d
any local authority foster parent;
e
such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them,
about the discharge by the authority of any of their F5qualifying functions in relation to the child.
F63A
The following are qualifying functions for the purposes of subsection (3)—
a
functions under this Part,
b
such functions under Part 4 or 5 as are specified by the F59Secretary of State in regulations.
3B
The duty under subsection (3) extends to representations (including complaints) made to the authority by—
a
any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend,
b
such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them,
about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the F60Secretary of State in regulations.
F73C
The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
a
a child with respect to whom a special guardianship order is in force,
b
a special guardian or a parent of such a child,
c
any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
d
any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the F61Secretary of State in regulations.
4
The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in—
a
the consideration; and
b
any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration
F8but this subsection is subject to subsection (5A).
F94A
Regulations may be made by the F62Secretary of State imposing time limits on the making of representations under this section.
5
In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the F63Secretary of State for the purpose of regulating the procedure to be followed.
F105A
Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations.
6
The F64Secretary of State may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5).
7
Where any representation has been considered under the procedure established by a local authority under this section, the authority shall—
a
have due regard to the findings of those considering the representation; and
b
take such steps as are reasonably practicable to notify (in writing)—
i
the person making the representation;
ii
the child (if the authority consider that he has sufficient understanding); and
iii
such other persons (if any) as appear to the authority to be likely to be affected,
of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take.
8
Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate.
26ZAF38Representations: further consideration
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F68 26ZB Representations: further consideration (Wales)
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F1226A Advocacy services
1
Every local authority shall make arrangements for the provision of assistance to—
a
persons who make or intend to make representations under section 24D; and
b
children who make or intend to make representations under section 26.
2
The assistance provided under the arrangements shall include assistance by way of representation.
F65 2A
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3
The arrangements—
a
shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the F66Secretary of State; and
b
shall comply with any other provision made by the regulations in relation to the arrangements.
4
The F67Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3).
5
Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate.
I2 27 Co-operation between authorities.
1
2
An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions.
3
The F14authorities are—
a
any local authority;
b
F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any local housing authority;
F42ca
the National Health Service Commissioning Board; and
d
F69da
any local authority in Wales,
e
any person authorised by the F70Secretary of State for the purposes of this section.
F713A
The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent.
F19 4
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I3 28 Consultation with local education authorities.
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I4 29 Recoupment of cost of providing services etc.
1
Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable.
2
Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay.
3
No person shall be liable to pay any charge under subsection (1) F21for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt F47of universal credit (except in such circumstances as may be prescribed), of income support F22underF23Part VII of the Social Security Contributions and Benefits Act 1992F24, of any element of child tax credit other than the family element, of working tax creditF25, of an income-based jobseeker's allowance or of an income-related employment and support allowance.
F263A
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt F47of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 F25, of an income-based jobseeker's allowance or of an income-related employment and support allowance.
F273B
No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when—
a
he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or
b
he is a member of a F28couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit.
4
The persons are—
a
where the service is provided for a child under sixteen, each of his parents;
b
where it is provided for a child who has reached the age of sixteen, the child himself; and
c
where it is provided for a member of the child’s family, that member.
5
Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
6
Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the M1 Child Care Act 1980.
7
Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority F72or the area of a local authority in Wales, they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
8
Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority F73or the area of a local authority in Wales and they are not maintaining him in—
a
a community home provided by them;
b
a controlled community home; or
c
a hospital vested in the F43Secretary of State orF29, the Welsh MinistersF44... F30or any other hospital made available pursuant to arrangements made by F45the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or byF46..., a F31Local Health BoardF44...,,
they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him.
9
F32Except where subsection (10) F74or subsection (11) applies, Where a local authority comply with any request under section 27(2) F75or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority F76or a local authority in Wales in whose area the child or person is ordinarily resident any F33reasonable expenses incurred by them in respect of that person.
F3410
Where a local authority (“ authority A ”) comply with any request under section 27(2) from another local authority (“ authority B ”) in relation to a child or other person—
a
whose responsible authority is authority B for the purposes of section 23B or 23C; or
b
whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a),
authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
F7711
Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person.
I5 30 Miscellaneous.
1
Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment.
2
F80 2A
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F80 2B
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F822C
Any question arising as to whether a child is ordinarily resident—
a
in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or
b
in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014,
shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State.
F822D
The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C).
3
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4
The F81Secretary of State may make regulations for determining, as respects any F36education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources.
F83 30A Meaning of appropriate national authority
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