Part 1Delivery of social work services for children and young persons

I12Restrictions on arrangements under section 1

1

A local authority must not enter into arrangements under section 1 for the discharge of an excluded function.

2

The excluded functions are—

a

the local authority's functions in relation to independent reviewing officers; and

b

its functions as an adoption agency (unless the other party to the arrangements is a registered adoption society).

3

The functions referred to in subsection (2)(a) are the local authority's functions under—

a

regulations made under section 26 of the 1989 Act by virtue of subsection (2)(k) of that section (provision for appointment by local authority of a person to carry out certain functions in review of case of child looked after by the authority);

b

section 25A of the 1989 Act (appointment of independent reviewing officer).

4

A restriction imposed on a local authority by reference to its area applies to a provider of social work services as if the provider has the same area as the authority.

5

A local authority must not enter into arrangements under section 1 unless it is satisfied that the functions to which the arrangements relate will be discharged by, or under the supervision of, registered social workers.

6

Registered social worker ” means a person registered as a social worker—

F1a

in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017;

b

in the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 (2001 asp 8); or

c

in the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3).

7

Registered adoption society ” has the meaning given by section 2(2) of the Adoption and Children Act 2002 (c. 38).