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The Children and Social Work Act 2017 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

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Statutory Instruments

2018 No. 497 (C. 41)

Children And Young Persons, England

Social Work, England

The Children and Social Work Act 2017 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018

Made

18th April 2018

The Secretary of State, in exercise of the powers conferred by sections 65 and 70(2) and (3) of the Children and Social Work Act 2017(1), makes the following Regulations:

Citation and interpretation

1.  These Regulations may be cited as The Children and Social Work Act 2017 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2018.

2.  “The Act” means the Children and Social Work Act 2017 and “the 2004 Act” means the Children Act 2004(2).

Provisions coming into force on 29th June 2018

3.  To the extent that they are not already in force, the following provisions of the Act come into force on 29th June 2018—

(a)section 12 (Child Safeguarding Practice Review Panel), which inserts section 16A into the 2004 Act;

(b)section 13 (functions of the Panel), which inserts section 16B into the 2004 Act;

(c)section 14 (events to be notified to the Panel), which inserts section 16C into the 2004 Act;

(d)section 15 (information), which inserts section 16D into the 2004 Act;

(e)section 16 (local arrangements for safeguarding and promoting welfare of children), which inserts section 16E into the 2004 Act;

(f)section 17 (local child safeguarding practice reviews), which inserts section 16F into the 2004 Act;

(g)subject to regulations 5 to 7, section 18 (further provision about arrangements), which inserts section 16G into the 2004 Act;

(h)section 19 (information), which inserts section 16H into the 2004 Act;

(i)section 20 (funding), which inserts section 16I into the 2004 Act;

(j)section 21 (combining safeguarding partner areas and delegating functions), which inserts section 16J into the 2004 Act;

(k)section 22 (guidance by Secretary of State), which inserts section 16K into the 2004 Act;

(l)section 23 (interpretation), which inserts section 16L into the 2004 Act;

(m)section 24 (child death reviews), which inserts section 16M into the 2004 Act;

(n)section 25 (information), which inserts section 16N into the 2004 Act;

(o)section 26 (funding), which inserts section 16O into the 2004 Act;

(p)section 27 (combining child death review partner areas and delegating functions), which inserts section 16P into the 2004 Act;

(q)section 28 (guidance and interpretation), which inserts section 16Q into the 2004 Act;

(r)subject to regulation 11, section 31 (chapter 2: consequential amendments);

(s)subject to regulation 11, Part 2 of Schedule 2 (amendments relating to abolition of Local Safeguarding Children Boards).

Provisions coming into force on 1st September 2018

4.  The following provisions of the Act come into force on 1st September 2018—

(a)section 4 (duty of local authority in relation to previously looked after children);

(b)section 5 (maintained schools: staff member for previously looked after pupils);

(c)section 6 (Academies: staff member for looked after and previously looked after pupils);

(d)section 7 (maintained schools: guidance for staff member for looked after pupils).

Transitional provision relating to the commencement of section 18

5.—(1) The safeguarding partners(3) in each local authority area in England must first comply with the duty in section 16G(2) of the 2004 Act no later than 30th June 2019.

(2) The date on which the safeguarding partners in each local authority area in England first comply with the duty in section 16G(2) of the 2004 Act shall be known for each local authority area as its publication date.

6.—(1) The safeguarding partners and relevant agencies(4) for the local authority area must comply with the duty in section 16G(4) of the 2004 Act within 3 months of the publication date.

(2) The date of compliance referred to in paragraph (1) shall be known for each local authority area as its implementation date.

7.  The first exercise of the duty in section 16G(7) of the 2004 Act must be within 12 months of the implementation date.

Commencement of, and saving provision relating to, section 30

8.—(1) Section 30 which omits sections 13 to 16 of the 2004 Act comes into force in accordance with this regulation.

(2) For the purpose of giving effect to sections 16E to 16G of the 2004 Act, section 30 is commenced in a local authority area on its implementation date.

(3) Sections 13 to 16 of the 2004 Act are saved to the extent necessary for the operation of regulations 9 and 10.

(4) Section 30 comes fully into force on 29th September 2020.

Transitional provision relating to the completion of serious case reviews by Local Safeguarding Children Boards

9.—(1) If a Local Safeguarding Children Board has completed but not published the report on a serious case review within 12 months of the local authority area’s implementation date, it must provide a copy of the report to the safeguarding partners.

(2) If a Local Safeguarding Children Board has not completed a serious case review(5) within 12 months of the local authority area’s implementation date, it must provide all information relating to the review to the safeguarding partners.

Transitional provision relating to the completion of child death reviews by Local Safeguarding Children Boards

10.  If a Local Safeguarding Children Board has not completed a child death review(6) by 29th January 2020 it must provide all information relating to that review to the child death review partners.

Transitional provision relating to section 31 and Part 2 of Schedule 2

11.  Despite the coming into force of section 31 and Part 2 of Schedule 2 to the Act, the consequential amendments in that Schedule do not have effect in a local authority area until its implementation date.

Nadhim Zahawi

Parliamentary Under Secretary of State

Department for Education

18th April 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the fourth commencement regulations made under the Children and Social Work Act 2017 (c.16) (“the Act”). Section 10, Schedule 1 and Part 3 of the Act came into force when the Act was passed.

Regulation 3 brings into force various provisions of the Act relating to the safeguarding of children on 29th June 2018 to the extent they are not already in force. Where stated these are subject to transitional and saving provisions.

Regulation 4 brings into force various provisions of the Act on 1st September 2018:

  • section 4 which amends the Children Act 1989 (“the 1989 Act”), places a duty on local authorities in England to make advice and information available to relevant persons for the purpose of promoting the educational achievement of relevant children;

  • sections 5 and 6 which make amendments to the Children and Young Persons Act 2008 (“the 2008 Act”) and to the Academies Act 2010, places duties on maintained schools and Academies respectively to designate a member of staff (“the designated person”) to have responsibility for promoting the educational achievement of relevant pupils; and

  • section 7 which amends the 2008 Act to require a governing body of a maintained school in England to ensure that the designated person for looked after pupils has regard to any guidance issued by the Secretary of State.

Regulations 5, 6 and 7 contain transitional provision relating to section 18 of the Act (which inserts section 16G into the Children Act 2004 (“the 2004 Act”)). Regulation 5 requires the first compliance with the duty in section 16G(2) of the 2004 Act to be no later than 30th June 2019. It provides that the date of first compliance for each local authority area in England is to be known as its publication date. Regulation 6 provides that safeguarding partners and relevant agencies for a local authority area must comply with the duty in section 16G(4) of the 2004 Act within 3 months of the publication date. That date is to be known for each local authority area as its implementation date. Regulation 7 provides that the first exercise of the duty in section 16G(7) of the 2004 Act must be within 12 months of the implementation date.

Regulation 8 brings into force section 30 of the Act. Section 30 repeals sections 13 to 16 of the 2004 Act which established Local Safeguarding Children Boards and set out provisions relating to their functions, procedure, duties, funding and performance. The Local Safeguarding Children Boards Regulations 2006 (SI 2006/90) and the Local Safeguarding Children Boards (Review) Regulations 2013 (SI 2013/2299) are made under sections 13 to 16 of the 2004 Act. Regulation 8 also provides that for the purpose of giving effect to sections 16E to 16G of the 2004 Act, section 30 is commenced in each local authority area on its implementation date. Further, it saves sections 13 to 16 of the 2004 Act to the extent necessary for the transitional provisions in regulations 9 and 10. Finally, it brings section 30 fully into force on 29th September 2020.

Regulation 9 contains transitional provision relating to the completion and publication of serious case reviews by the Local Safeguarding Children Boards. It sets out what information must be provided to the safeguarding partners where a serious case review report is completed but not published, and where a review is not completed within 12 months of the local authority area’s implementation date.

Regulation 10 contains transitional provision relating to the completion of child death reviews by the Local Safeguarding Children Boards. It sets out what information must be provided to the safeguarding partners where a child death review has not been completed by 29th January 2020.

Regulation 11 brings into force section 31 of and Part 2 of Schedule 2 to the Act which contains various consequential amendments relating to the abolition of Local Safeguarding Children Boards, but provides that these do not have effect in a local authority area until its implementation date.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Act were brought into force by commencement regulations before these Regulations were made:

ProvisionDate of CommencementS.I. No.

Section 1 (England)

Section 2 (England)

Section 3 (England)

Section 8 (England and Wales)

Section 9 (England and Wales)

Section 11 (England)

Section 13 (partially) (England)

Section 16 (partially) (England)

Section 17 (partially (England)

Section 18 (partially) (England)

Section 29 (partially) (England)

Section 33 (England)

Section 34 (England)

Section 35 (England)

Section 36 (partially) (England)

Section 38 (England)

Section 39 (partially) (England)

Section 40 (England)

Section 41 (partially) (England)

Section 42 (England)

Section 43 (partially) (England)

Section 44 (partially) (England)

Section 45 (England)

Section 48 (England)

Section 49 (England)

Section 50 (partially) (England)

Section 51 (England)

Section 52 (partially) (England)

Section 53 (partially) (England)

Section 55 (partially) (England)

Section 56 (partially) (England)

Section 56 (partially) (England)

Section 57 (England)

Section 58 (England)

Section 59 (England)

Section 60 (England)

Part 1, Schedule 2

Paragraphs 1 to 12 and 21 to 24 of Schedule 3 and section 36(3) (partially) (England)

Paragraph 1, Schedule 4 (partially) (England)

Paragraph 1, Schedule 4 (partially) (England)

Paragraph 4, Schedule 4 (partially) (England)

Paragraph 4, Schedule 4 (England)

Paragraph 15, Schedule 4 (partially) (England)

Paragraph 16, Schedule 4 (England)

01.04.18

01.04.18

01.04.18

31.10.17

31.10.17

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19.03.18

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19.03.18

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19.03.18

31.10.17

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01.04.18

01.04.18

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31.10.17

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2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2017/918 (C.76)

2017/918 (C.76)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2017/918 (C.76)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2017/918 (C.76)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2017/1217 (C.114)

2018/346 (C.30)

2018/346 (C.30)

2017/1217 (C.114)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

2017/1217 (C.114)

2018/346 (C.30)

2017/1217 (C.114)

2018/346 (C.30)

2018/346 (C.30)

2018/346 (C.30)

(3)

See section 16E(3) of the Children Act 2004 (“2004 Act”) which provides that the safeguarding partners in relation to a local authority area in England are the local authority, a clinical commissioning group for an area any part of which falls within the local authority area and the chief officer of police for a police area any part of which falls within the local authority area.

(4)

See section 16E(3) of the 2004 Act which provides that a relevant agency in relation to a local authority area in England means a person who is specified in regulations made under that section, and exercises functions in that area in relation to children.

(5)

Pursuant to the duty on Local Safeguarding Children Boards in regulation 5 (functions of LSCBs) of the Local Safeguarding Children Boards Regulations 2006 (SI 2006/90).

(6)

Pursuant to the duty on Local Safeguarding Children Boards in regulation 6 (further functions relating to child deaths) of the Local Safeguarding Children Boards Regulations 2006 (SI 2006/90).

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