Explanatory Notes

Children and Young Persons Act 2008

2008 CHAPTER 23

13 November 2008

Commentary on Sections

Part 2 - Functions in Relation to Children and Young Persons

Independent Reviewing Officers (IROs)

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

68.Section 11(1) enables the Secretary of State by order either to:

a.

establish a new body corporate to discharge such functions as may be conferred on it; or

b.

confer additional functions (of the same nature) on CAFCASS.

69.The intention is that this power will be used to establish a national IRO service, if the amendments made by section 10 to the existing statutory framework do not prove to be effective in achieving significant improvements in the outcomes for looked after children.

70.The functions that may be conferred on the new IRO service include functions in connection with:

71.The power would also enable the Secretary of State to make consequential modifications to any enactment (both primary and secondary legislation) in relation to independent reviewing officers or in relation to CAFCASS (section 11(3)).

72.Section 11(4)enables the inspection of any new body to be added to the responsibilities of the registration authority and for the body to exercise its functions in accordance with directions given by the Secretary of State.

73.Exercise of the powers in section 11 are subject to the affirmative resolution procedure (section 40(2) and see paragraph 18 for further explanation of the Parliamentary procedure).