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Children Act 2004

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Commencement Orders bringing legislation that affects this Act into force:

GeneralE+W

25Co-operation to improve well-being: WalesE+W

(1)Each [F1local 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.

(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;

(c)education, training and recreation;

(d)the contribution made by them to society;

(e)social and economic well-being.

(3)In making arrangements under this section a [F1local 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 [F1local authority] in Wales—

(a)[F2the local policing body] and the chief officer of police for a police area any part of which falls within the area of the [F1local authority];

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

[F3(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;]

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

[F4(f)the Assembly to the extent that it is discharging functions under Part 2 of the Learning and Skills Act 2000]

(5)The relevant partners of a [F1local authority] in Wales must co-operate with the authority in the making of arrangements under this section.

(6)A [F1local 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 [F1local 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 Assembly.

(9)The Assembly 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).

(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 23C to 24D of the Children Act 1989 (c. 41); or

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

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Amendments (Textual)

Commencement Information

I1S. 25 not in force at Royal Assent see s. 67(3); s. 25 in force for W. at 1.9.2006 by S.I. 2006/870, art. 2

26Children and young people’s plans: WalesE+W

[F5(1A)A children's services authority in Wales must, in accordance with regulations made by the Welsh Ministers, prepare and publish a plan setting out the authority's strategy for discharging their functions in relation to children and relevant young persons.

(1B)A children's services authority in Wales must include in their plan—

(a)the arrangements made or to be made under section 25 by the authority;

(b)the children's services authority's strategy under section 2 of the Children and Families (Wales) Measure 2010 (strategies for contributing to the eradication of child poverty).

[F6(c)the scheme for the authority's area under Part 1 of the Mental Health (Wales) Measure 2010.]

(1C)A children's services authority in Wales may include in their plan—

(a)the strategy or proposals in relation to children and relevant young persons of any partner of the authority;

(b)the strategy under section 2 of the Children and Families (Wales) Measure 2010 (strategies for contributing to the eradication of child poverty) of any partner of the authority.

(1D)The powers of a children's services authority in subsection (1C) are subject to any duty imposed in regulations under subsection (2)(a).]

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

(a)the matters to be dealt with in a plan under this section;

(b)the period to which a plan under this section is to relate;

(c)when and how a plan under this section must be published;

(d)keeping a plan under this section under review;

(e)consultation to be carried out before a plan under this section is published;

(f)implementation of a plan under this section.

(3)The matters for which provision may be made under subsection (2)(a) include in particular—

(a)the arrangements made or to be made under section 25 by a [F7local authority] in Wales;

(b)the strategy or proposals in relation to children and relevant young persons of any [F8partner].

(4)Regulations under this section may require a [F7local authority] in Wales to obtain the Assembly’s approval before publishing a plan under this section; and may provide that the Assembly may modify a plan before approving it.

(5)A [F7local authority] in Wales must have regard to any guidance given to them by the Assembly in relation to how they are to discharge their functions under regulations under this section.

[F9(6)In this section—

  • partner” means any person or body with whom a children's services authority in Wales has made an arrangement under section 25;

  • relevant young persons” means the persons, in addition to children, in relation to whom arrangements under section 25 may be made.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F5S. 26(1A)-(1D) substituted (W.) (10.1.2011) for s. 26(1) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 4(3)(a), 75; S.I. 2010/2994, art. 2

F6S. 26(1B)(c) inserted (W.) (8.5.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 11, 57(1); S.I. 2011/3046, art. 4

F8Word in s. 26(3)(b) substituted (W.) (10.1.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 4(3)(b), 75; S.I. 2010/2994, art. 2

F9S. 26(6) substituted (W.) (10.1.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 4(3)(c), 75; S.I. 2010/2994, art. 2

Commencement Information

I2S. 26 not in force at Royal Assent see s. 67(3); s. 26 in force for W. at 31.3.2006 by S.I. 2006/885, art. 2(1)

27Responsibility for functions under sections 25 and 26E+W

(1)A [F10local 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 sections 25 and 26; 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 those sections.

(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 [F10local 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I3S. 27 not in force at Royal Assent see s. 67(3); s. 27 in force for W. at 1.4.2006 by S.I. 2006/885, art. 2(2)

28Arrangements to safeguard and promote welfare: WalesE+W

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

(a)a [F11local authority] in Wales;

(b)a Local Health Board;

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

(d)the [F12local 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;

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

[F13(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);

(i)any person to the extent that he is providing services pursuant to arrangements made by a [F11local 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 [F11local 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I4S. 28 not in force at Royal Assent see s. 67(3); s. 28(1)(a)-(c)(i)(3)(4) in force for W. and s. 28(2) in force for W. for certain purposes at 1.4.2006 by S.I. 2006/885, art. 2(2)

29Information databases: WalesE+W

(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 [F14local 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 [F15the 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;

(c)permitting a person or body specified in subsection (8) 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 [F14local 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);

[F16(b)the National Assembly for Wales to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000]

(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 [F17Part 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;

(c)the Commissioners of Inland Revenue;

(d)a registered social landlord [F18or 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;

(c)the security of 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 Act 1998 (c. 29).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17Words in s. 29(8)(a) substituted (W.) (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 72, 75, Sch. 1 para. 16; S.I. 2010/2582, art. 2, Sch. 1

30Inspection of functions under this PartE+W

(1)Chapter 6 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (functions of the Assembly in relation to social services) shall apply as if anything done by a [F19local authority] in Wales in the exercise of functions to which this section applies were a Welsh local authority social service within the meaning of that Part.

(2)This section applies to the following functions of a [F19local authority]

(a)the authority’s functions under section 25 or 26, 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;

(c)any function conferred on the authority under section 29.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I5S. 30 not in force at Royal Assent see s. 67(3); s. 30 in force for W. at 1.10.2006 by S.I. 2006/885, art. 2(4)

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