Explanatory Notes

Apprenticeships, Skills, Children and Learning Act 2009

2009 CHAPTER 22

12 November 2009

Commentary on Sections

Part 9: Children’s Services

Safeguarding and promoting the welfare of children

Section 195: Targets for safeguarding and promoting the welfare of children

600.Subsection (1) of section 195 inserts a new section 9A into the 2004 Act, providing for the Secretary of State to set statutory targets for children’s services authorities in England for safeguarding and promoting the welfare of children, in accordance with regulations. The first regulations issued will be subject to the affirmative resolution procedure. Thereafter the negative resolution procedure will apply. Subsection (3) of the new section 9A requires a children’s services authority to exercise its functions in the manner best calculated to secure that any targets are met. The effect of the amendment at subsection (3) is that functions under the new section 9A are social services functions within the meaning of the Local Authorities Social Services Act 1970.

Section 196: Local Safeguarding Children Boards: lay members

601.Section 196 amends sections 13 and 14 of the 2004 Act so as to require each Local Safeguarding Children Board in England to include two representatives of the local community. The amendments also permit an authority by which a Local Safeguarding Children Board is established to pay remuneration, allowances and expenses to these community representatives.

Section 197: Local Safeguarding Children Boards: annual reports

602.Section 197 inserts a new section 14A into the 2004 Act, requiring each Local Safeguarding Children Board in England to produce and publish a report at least once a year about safeguarding and promoting the welfare of children in its area. The Local Safeguarding Children Board must also send a copy of the report to the local Children’s Trust Board.