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Children and Young Persons Act 2008

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Children and Young Persons Act 2008. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary and Background

  3. Territorial Extent

  4. The Act

  5. Commentary on Sections

    1. Part 1 – Delivery of Social Work Services for Children and Young Persons (sections 1 to 6)

      1. Section 1: Power to enter into arrangements for discharge of care functions

      2. Section 2: Restrictions on arrangements under section 1

      3. Section 3: Effect of arrangements under section 1

      4. Section 5: Functions under this Part to be social services functions

      5. Section 6: Piloting and expiry of arrangements under this Part

    2. Part 2 - Functions in Relation to Children and Young Persons

      1. Well-being

        1. Section 7: General duty of the Secretary of State to promote the well-being of children in England

      2. Accommodation

        1. Sections 8 & 9 and Schedules 1 & 2: Provision of accommodation and maintenance for children who are looked after by a local authority

      3. Independent Reviewing Officers (IROs)

        1. Section 10: Independent Reviewing Officers

        2. Section 11: Power to make further provision concerning independent reviewing officers: England

        3. Section 12: Power to make further provision concerning independent reviewing officers: Wales

        4. Section 13: Orders under sections 11 and 12: supplementary provisions

        5. Section 14: Expiry of powers conferred by sections 11 and 12

      4. Visiting

        1. Section 15: Duty of local authority to ensure visits to looked after children and others

        2. Section 16: Independent visitors for children looked after by local authority

      5. Children in long term care

        1. Section 17: Children in long-term care: notification to appropriate officer etc.

        2. Section 18: visits to children in long-term care

        3. Section 19: support for accommodated children

      6. Education and training

        1. Section 20: Designated member of staff at school for pupils looked after by a local authority

        2. Section 21: Entitlement to payment in respect of higher education

        3. Section 22: Assistance to pursue education or training

        4. Section 23: Extension of entitlements to personal adviser and to assistance in connection with education or training

      7. Cash payments

        1. Section 24: Extension of power to make payments in cash

      8. Care breaks

        1. Section 25: Breaks from caring for disabled children

      9. Enforcement of care standards (Sections 26 to 29)

        1. Section 26 Power of Chief Inspector where person is failing to comply with requirement relating to children’s homes etc.

        2. Section 27: Notice restricting accommodation at certain establishments

        3. Section 28: Appeals etc. in relation to notices under section 22B of the Care Standards Act 2000

        4. Section 29: Notification of matters relating to persons carrying on children’s homes etc

      10. Emergency Protection Orders

        1. Section 30: Removal of restriction on hearing of application for discharge of emergency protection order

      11. Information and research (sections 31 to 33)

        1. Section 31: Supply of information concerning the death of children to Local Safeguarding Children Boards

        2. Section 32: Power of Registrar General to supply information to national authorities

        3. Section 33: Research etc. into matters connected with certain statutory functions

    3. Part 3 –Adoption and Fostering

      1. Section 34: Independent review of determination relating to adoption

      2. Section 35: Extension of period allowed for making regulations under section 45 or 46 of the Children Act 2004

    4. Part 4 – Orders under Part 2 of the 1989 Act

      1. Residence orders

        1. Section 36: Entitlement of relative to apply for a residence order

        2. Section 37: Duration of residence orders

        3. Section 38: Entitlement of relative to apply for a special guardianship order

    5. Part 5 – Supplementary, General and Final Provisions (Sections 39 to 45)

      1. Supplementary

        1. Section 39 and Schedule 3: Minor and supplementary amendments to the 1989 Act

        2. Section 40: Orders, regulations and guidance

        3. Section 42 and Schedule 3: Repeals

  6. Commencement

  7. Hansard References

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.


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