http://www.legislation.gov.uk/ukpga/2017/16/bodyChildren and Social Work Act 2017An Act to make provision about looked after children; to make other provision in relation to the welfare of children; and to make provision about the regulation of social workers.texttext/xmlenStatute Law Database2026-06-04Expert Participation2026-04-29 Children and Social Work Act 2017s. 2(1)(c)Children’s Wellbeing and Schools Act 2026s. 8(2)s. 78(5)reg. 6(b)Children and Social Work Act 2017s. 2(2)(g)Children’s Wellbeing and Schools Act 2026s. 8(3)s. 78(5)reg. 6(b)Children and Social Work Act 2017s. 2(2A)(2B)Children’s Wellbeing and Schools Act 2026s. 8(4)s. 78(5)reg. 6(b)Children and Social Work Act 2017s. 2(7)Children’s Wellbeing and Schools Act 2026s. 8(5)(a)s. 78(5)reg. 6(b)Children and Social Work Act 2017s. 2(7)Children’s Wellbeing and Schools Act 2026s. 8(5)(b)s. 78(5)reg. 6(b)Children and Social Work Act 2017s. 1(5)Children’s Wellbeing and Schools Act 2026s. 25(6)s. 78(5) Part 1 CHAPTER 111A local authority in England must, in carrying out functions in relation to the children and young people mentioned in subsection (2), have regard to the need—ato act in the best interests, and promote the physical and mental health and well-being, of those children and young people;bto encourage those children and young people to express their views, wishes and feelings;cto take into account the views, wishes and feelings of those children and young people;dto help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;eto promote high aspirations, and seek to secure the best outcomes, for those children and young people;ffor those children and young people to be safe, and for stability in their home lives, relationships and education or work;gto prepare those children and young people for adulthood and independent living.2The children and young people mentioned in this subsection are—achildren who are looked after by a local authority, within the meaning given by section 22(1) of the Children Act 1989;brelevant children within the meaning given by section 23A(2) of that Act;cpersons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act.3In this section—“local authority in England” means—a county council in England;a district council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“relevant partners”, in relation to a local authority, has the meaning given by section 10(4) of the Children Act 2004.4A local authority in England must have regard to any guidance given by the Secretary of State as to the performance of the duty under subsection (1).21A local authority in England must publish information about—aservices which the local authority offers for care leavers as a result of its functions under the Children Act 1989;bother services which the local authority offers that may assist care leavers in, or in preparing for, adulthood and independent living.2For the purposes of subsection (1), services which may assist care leavers in, or in preparing for, adulthood and independent living include services relating to—ahealth and well-being;brelationships;ceducation and training;demployment;eaccommodation;fparticipation in society.3Where it considers appropriate, a local authority in England must publish information about services for care leavers offered by others which the local authority has power to offer as a result of its functions under the Children Act 1989.4Information required to be published by a local authority under this section is to be known as its “local offer for care leavers”.5A local authority must update its local offer for care leavers from time to time, as appropriate.6Before publishing its local offer for care leavers (or any updated version) a local authority must consult relevant persons about which of the services offered by the local authority may assist care leavers in, or in preparing for, adulthood and independent living.7In this section—“care leavers” means—eligible children within the meaning given by paragraph 19B of Schedule 2 to the Children Act 1989;relevant children within the meaning given by section 23A(2) of that Act;persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act;persons qualifying for advice and assistance within the meaning given by section 24 of that Act;“local authority in England” means—a county council in England;a district council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“relevant persons”, in relation to a local authority, means such care leavers and other persons as appear to the local authority to be representative of care leavers in its area.31The Children Act 1989 is amended as follows.2After section 23CZA insert—23CZB1This section applies to a former relevant child if—ahe or she has reached the age of 21 but not the age of 25, andba local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section).2If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6).3The local authority must provide the former relevant child with a personal adviser until the former relevant child—areaches the age of 25, orbif earlier, informs the local authority that he or she no longer wants a personal adviser.4The local authority must—acarry out an assessment in relation to the former relevant child under subsection (5), andbprepare a pathway plan for the former relevant child.5An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining—awhether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, andbif so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services.6The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b).7Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support—aas soon as possible after he or she reaches the age of 21, andbat least once in every 12 months.8In this section “former relevant child” has the meaning given by section 23C(1).3In section 23CA (further assistance to pursue education or training) for subsection (2) substitute—2It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies.4In section 23D (personal advisers) after subsection (2) insert—3Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person.4Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person).5Section 23E (pathway plans) is amended as follows.6In subsection (1) (contents of pathway plan), after paragraph (a) (but before the “and” at the end) insert—aain the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide;.7After subsection (1) insert—1ZAA local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3).8In subsection (1A) (statutory assessments that may be carried out at the same time as assessment relating to a pathway plan) after “23B(3)” insert “ , 23CZB(5) ”.9In subsection (1B) (regulations about assessments) after “23B(3)” insert “ , 23CZB(5) ”.10In subsection (1D) (pathway plans to be kept under review) after “23B” insert “ , 23CZB ”.4Before section 23ZA of the Children Act 1989 (and the italic heading before it) insert—23ZZA1A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area.2The advice and information must be made available to—aany person who has parental responsibility for the child,bthe member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, andcany other person that the local authority consider appropriate.3A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area.4A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1).5The person appointed for that purpose must be an officer employed by the authority or another local authority in England.6In this section—“relevant child” means—a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,a special guardianship order, oran adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, ora child who appears to the local authority—to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, andto have ceased to be in that state care as a result of being adopted.7For the purposes of this section a child is educated in a local authority's area if—athe child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, orbthe child is of compulsory school age and—ithe child attends a school in the local authority's area, oriiif the child does not attend school, the child receives all or most of his or her education in the local authority's area.8For the purposes of this section a child is in “state care” if he or she is in the care of, or accommodated by—aa public authority,ba religious organisation, orcany other organisation the sole or main purpose of which is to benefit society.5After section 20 of the Children and Young Persons Act 2008 insert—20A1The governing body of a maintained school in England must—adesignate a member of the staff at the school (the “designated person”) as having responsibility for promoting the educational achievement of registered pupils within subsection (2), andbensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State.2A registered pupil is within this subsection if the pupil—awas looked after by a local authority but ceased to be looked after by them as a result of—ia child arrangements order (within the meaning given by section 8(1) of the 1989 Act) which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,iia special guardianship order (within the meaning given by section 14A(1) of the 1989 Act), oriiian adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002), orbappears to the governing body—ito have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, andiito have ceased to be in that state care as a result of being adopted.3The Secretary of State may by regulations require the governing body of a maintained school in England to ensure that the designated person has qualifications or experience (or both) prescribed by the regulations.4In exercising its functions under this section the governing body of a maintained school in England must have regard to any guidance issued by the Secretary of State.5For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the 1989 Act or Part 6 of the 2014 Act.6For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—aa public authority,ba religious organisation, orcany other organisation the sole or main purpose of which is to benefit society.7In this section—“maintained school” has the meaning given by section 39(1) of the Education Act 2002;“registered pupil” has the meaning given by section 434(5) of the Education Act 1996.61After section 2D of the Academies Act 2010 insert—2E1An Academy agreement must include provision requiring the proprietor of the Academy—ato designate a member of staff at the Academy (the “designated person”) as having responsibility for promoting the educational achievement of relevant pupils at the Academy,bto ensure that the designated person undertakes appropriate training and has regard to any guidance issued by the Secretary of State, andcin complying with provision included in the agreement by virtue of paragraph (a) or (b), to have regard to any guidance issued by the Secretary of State.2An Academy agreement made before the day on which section 6 of the Children and Social Work Act 2017 (which inserts this section) comes fully into force is to be treated as if it included the provision required by subsection (1).3The Secretary of State may by regulations—arequire an Academy agreement to include provision requiring the proprietor of the Academy—ito ensure that a designated person has qualifications or experience (or both) prescribed by the regulations, andiiin complying with provision included in the agreement by virtue of sub-paragraph (i), to have regard to any guidance issued by the Secretary of State;bprovide that an Academy agreement made before the day on which the regulations come into force is to be treated as if it included any provision required under paragraph (a).4In this section—“pupil”—in relation to an Academy school or an alternative provision Academy, means a registered pupil at the Academy;in relation to a 16 to 19 Academy, means a person receiving education at the Academy;“relevant pupil”, in relation to Academy, means a pupil at the Academy who—is looked after by a local authority,was looked after by a local authority but has ceased to be so looked after as a result of a relevant order, orappears to the proprietor of the Academy—to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, andto have ceased to be in that state care as a result of being adopted;“relevant order” means—a child arrangements order (within the meaning given by section 8(1) of the Children Act 1989) which includes arrangements relating to—with whom a child is to live, orwhen a child is to live with any person,a special guardianship order (within the meaning given by section 14A(1) of the Children Act 1989), oran adoption order (within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002).5For the purposes of this section a person is “looked after by a local authority” if the person is looked after by a local authority for the purposes of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).6For the purposes of this section a person is in “state care” if he or she is in the care of, or accommodated by—aa public authority,ba religious organisation, orcany other organisation the sole or main purpose of which is to benefit society.7For the purposes of section 569 of EA 1996 (as applied by section 17(4)), regulations under subsection (3)(b) are to be treated as if the statutory instrument containing them fell within subsection (2A) of that section (regulations subject to affirmative procedure).2After section 2 of the Academies Act 2010 insert— “ Provision to be included in Academy agreements ”.7In section 20 of the Children and Young Persons Act 2008 (designated staff member for looked after pupils) after subsection (2) insert—2AIf the school is in England, the governing body must ensure that the designated person has regard to any guidance issued by the Secretary of State.8In section 31 of the Children Act 1989 (care and supervision orders), for subsection (3B) substitute—3BFor the purposes of subsection (3A), the permanence provisions of a section 31A plan are—asuch of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following—ithe child to live with any parent of the child's or with any other member of, or any friend of, the child's family;iiadoption;iiilong-term care not within sub-paragraph (i) or (ii);bsuch of the plan's provisions as set out any of the following—ithe impact on the child concerned of any harm that he or she suffered or was likely to suffer;iithe current and future needs of the child (including needs arising out of that impact);iiithe way in which the long-term plan for the upbringing of the child would meet those current and future needs.9In section 1(4) of the Adoption and Children Act 2002 (matters to which court is to have regard in coming to a decision relating to the adoption of a child), in paragraph (f) (relationships), after “relatives,” in the first place it occurs, insert “ with any person who is a prospective adopter with whom the child is placed, ”.10Schedule 1 contains amendments relating to—athe placement by local authorities in England and Wales of children in secure accommodation in Scotland, andbthe placement by local authorities in Scotland of children in secure accommodation in England and Wales.11Schedule 2 contains amendments consequential on this Chapter.CHAPTER 212In the Children Act 2004, before section 17 insert—16A1The Secretary of State must establish a panel to be known as the Child Safeguarding Practice Review Panel.2The Secretary of State may make any arrangements that the Secretary of State considers appropriate for the establishment of the Panel in accordance with this section.3The Panel is to consist of a chair and members appointed by the Secretary of State.4A person may be appointed for a particular period or otherwise.5The Secretary of State may remove the chair or a member of the Panel if satisfied that the chair or member—ahas become unfit or unable to discharge his or her functions properly, orbhas behaved in a way that is not compatible with continuing in office.6The arrangements that may be made by the Secretary of State under subsection (2) include arrangements about—athe Panel's proceedings;bannual or other reports.7The Secretary of State may provide staff, facilities or other assistance to the Panel (and the arrangements that may be made under this section include arrangements about those matters).8The Secretary of State may pay remuneration or expenses to the chair and members of the Panel.13In the Children Act 2004, after section 16A (inserted by section 12), insert—16B1The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State—ato identify serious child safeguarding cases in England which raise issues that are complex or of national importance, andbwhere they consider it appropriate, to arrange for those cases to be reviewed under their supervision.2The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children.3Where the Panel arrange for a case to be reviewed under their supervision, they must—aensure that the reviewer provides a report on the outcome of the review;bensure—ithat the reviewer makes satisfactory progress, andiithat the report is of satisfactory quality;cprovide the report to the Secretary of State.4The Panel must publish the report, unless they consider it inappropriate to do so.5If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.6Regulations under this section may include provision about—acriteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;beligibility for appointment as a reviewer;cthe selection process for appointment of a reviewer;dthe person who is to select a reviewer;ethe supervisory powers of the Panel in relation to a reviewer;fremoval of a reviewer;gpayments of remuneration or expenses to a reviewer by the Secretary of State;hthe procedure for a review;ithe form and content of a report;jthe time when a report is to be provided to the Secretary of State, or published.7The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section.8Guidance given by the Secretary of State may include guidance about—acircumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;bmatters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.9In this section—a “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel;“safeguarding partners” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);“serious child safeguarding cases” means cases in which—abuse or neglect of a child is known or suspected by a local authority or another person exercising functions in relation to children, andthe child has died or been seriously harmed;“serious harm” includes serious or long-term impairment of mental health or intellectual, emotional, social or behavioural development.14In the Children Act 2004, after section 16B (inserted by section 13), insert—16C1Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if—athe child dies or is seriously harmed in the local authority's area, orbwhile normally resident in the local authority's area, the child dies or is seriously harmed outside England.2A local authority in England must have regard to any guidance given by the Secretary of State in connection with their functions under this section.3In this section “serious harm” has the meaning given by section 16B(9).15In the Children Act 2004, after section 16C (inserted by section 14), insert—16D1The Child Safeguarding Practice Review Panel may, for the purpose of enabling or assisting the performance of a function conferred by section 16B, request a person or body to provide information specified in the request to—athe Panel,ba reviewer, orcanother person or body specified in the request.2The person or body to whom a request under this section is made must comply with the request.3The Panel may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.4The information may be used by the Panel, reviewer, or other person or body to whom it is provided only for the purpose mentioned in subsection (1).5In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel.16After section 16D of the Children Act 2004 (inserted by section 15 of this Act) insert—16E1The safeguarding partners for a local authority area in England must make arrangements for—athe safeguarding partners, andbany relevant agencies that they consider appropriate,to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.2The arrangements must include arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area.3In this section—“relevant agency”, in relation to a local authority area in England, means a person who—is specified in regulations made by the Secretary of State, andexercises functions in that area in relation to children;“safeguarding partner”, in relation to a local authority area in England, means—the local authority;a clinical commissioning group for an area any part of which falls within the local authority area;the chief officer of police for a police area any part of which falls within the local authority area.17After section 16E of the Children Act 2004 (inserted by section 16 of this Act) insert—16F1The safeguarding partners for a local authority area in England must make arrangements in accordance with this section—ato identify serious child safeguarding cases which raise issues of importance in relation to the area, andbfor those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate.2The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.3Where a case is reviewed under the supervision of the safeguarding partners, they must—aensure that the reviewer provides a report on the outcome of the review;bensure—ithat the reviewer makes satisfactory progress, andiithat the report is of satisfactory quality;cprovide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.4The safeguarding partners must publish the report, unless they consider it inappropriate to do so.5If the safeguarding partners consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish.6The Secretary of State may by regulations make provision about—acriteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area;bthe appointment or removal of a reviewer by the safeguarding partners, including provision for a reviewer to be appointed by the safeguarding partners from a list provided by the Secretary of State;cthe time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;dthe procedure for a review;ethe form and content of a report.7In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.18After section 16F of the Children Act 2004 (inserted by section 17 of this Act) insert—16G1This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England.2The safeguarding partners must publish the arrangements.3The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements.4The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements.5Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of “relevant agency”.6The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences).7At least once in every 12 month period, the safeguarding partners must prepare and publish a report on—awhat the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, andbhow effective the arrangements have been in practice.19After section 16G of the Children Act 2004 (inserted by section 18 of this Act) insert—16H1Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to—athe safeguarding partner or any other safeguarding partner for the area,bany of the relevant agencies for the area,ca reviewer, ordanother person or body specified in the request.2The person or body to whom a request under this section is made must comply with the request.3The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.4The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).20After section 16H of the Children Act 2004 (inserted by section 19 of this Act) insert—16I1The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F—aby making payments directly, orbby contributing to a fund out of which the payments may be made.2The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person.3The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F.4Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E—aby making payments directly, orbby contributing to a fund out of which the payments may be made.5In this section an “independent person” means an independent person mentioned in section 16G(3).21After section 16I of the Children Act 2004 (inserted by section 20 of this Act) insert—16J1The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section.2References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).3Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.4Where a clinical commissioning group is a safeguarding partner for the same local authority area as another clinical commissioning group, the groups may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.5Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.22After section 16J of the Children Act 2004 (inserted by section 21 of this Act) insert—16K1The safeguarding partners and relevant agencies for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16E to 16J.2Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about—acircumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;bmatters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.23After section 16K of the Children Act 2004 (inserted by section 22 of this Act) insert—16LIn sections 16E to 16K—“reviewer” has the meaning given by section 16F(7);“safeguarding partner”, in relation to a local authority area, has the meaning given by section 16E(3);“serious child safeguarding cases” has the meaning given by section 16B(9);“relevant agency”, in relation to a local authority area, has the meaning given by section 16E(3).24After section 16L of the Children Act 2004 (inserted by section 23 of this Act) insert—16M1The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area.2The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.3The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.4The purposes of a review or analysis under this section are—ato identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, andbto consider whether it would be appropriate for anyone to take action in relation to any matters identified.5Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person.6The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—awhat they have done as a result of the arrangements under this section, andbhow effective the arrangements have been in practice.25After section 16M of the Children Act 2004 (inserted by section 24 of this Act) insert—16N1Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to—athe child death review partner or any other child death review partner for the area, orbanother person or body.2The person or body to whom a request under this section is made must comply with the request.3The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.4The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).26After section 16N of the Children Act 2004 (inserted by section 25 of this Act) insert—16O1The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M—aby making payments directly, orbby contributing to a fund out of which payments may be made.2The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M.27After section 16O of the Children Act 2004 (inserted by section 26 of this Act) insert—16P1The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section.2References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).3Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.4Where a clinical commissioning group is a child death review partner for the same local authority area as another clinical commissioning group, the groups may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.28After section 16P of the Children Act 2004 (inserted by section 27 of this Act) insert—16Q1The child death review partners for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16M to 16P.2In this section and sections 16M to 16P “child death review partners”, in relation to a local authority area in England, means—athe local authority;bany clinical commissioning group for an area any part of which falls within the local authority area.29In section 66(3) of the Children Act 2004 (regulations subject to affirmative procedure), after “12B(1)(b)” insert “ , 16B (whether alone or with regulations under section 16F), 16E(3) ”.30Omit sections 13 to 16 of the Children Act 2004 (Local Safeguarding Children Boards).31Schedule 2 contains amendments consequential on this Chapter.CHAPTER 3321Part 5A of the Employment Rights Act 1996 is amended as follows.2In the Part heading omit “in the Health Service”.3In section 49B, in the heading, at the beginning insert “ The health service: ”.4After section 49B insert—49C1The Secretary of State may make regulations prohibiting a relevant employer from discriminating against a person who applies for a children's social care position (an “applicant”) because it appears to the employer that the applicant has made a protected disclosure.2A “position” means a position in which a person works under—aa contract of employment,ba contract to do work personally, orcthe terms of an appointment to an office or post.3A position is a “children's social care position” if the work done in it relates to the children's social care functions of a relevant employer.4For the purposes of subsection (1), a relevant employer discriminates against an applicant if the employer refuses the applicant's application or in some other way treats the applicant less favourably than it treats or would treat other applicants for the same position.5Regulations under this section may, in particular—amake provision as to circumstances in which discrimination by a worker or agent of a relevant employer is to be treated, for the purposes of the regulations, as discrimination by the employer;bconfer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal;cmake provision for or about the grant or enforcement of specified remedies by a court or tribunal;dmake provision for the making of awards of compensation calculated in accordance with the regulations;emake different provision for different cases or circumstances;fmake incidental or consequential provision, including incidental or consequential provision amending—ian Act of Parliament (including this Act),iian Act of the Scottish Parliament,iiia Measure or Act of the National Assembly for Wales, orivan instrument made under an Act or Measure within any of sub-paragraphs (i) to (iii).6Subsection (5)(f) does not affect the application of section 236(5) to the power conferred by this section.7“Relevant employer” means any of the following that are prescribed by regulations under this section—aa local authority in England;ba body corporate that, under arrangements made by a local authority in England under section 1 of the Children and Young Persons Act 2008, exercises children's social care functions;ca person who, as a result of a direction under section 497A(4) or (4A) of the Education Act 1996 as applied by section 50 of the Children Act 2004 (local authorities in England: intervention by Secretary of State) exercises children's social care functions;dthe council of a county or county borough in Wales;ea person who, as a result of a direction under any of sections 153 to 157 of the Social Services and Well-being (Wales) Act 2014, exercises children's social care functions;fa council constituted under section 2 of the Local Government etc (Scotland) Act 1994.8A “local authority in England” means—aa county council in England;ba district council;ca London borough council;dthe Common Council of the City of London (in their capacity as a local authority);ethe Council of the Isles of Scilly;fa combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.9“Children's social care functions”—ain relation to a relevant employer referred to in subsection (7)(a) to (c), means functions of a local authority in England under—iany legislation specified in Schedule 1 to the Local Authority Social Services Act 1970 so far as relating to those under the age of 18;iisections 23C to 24D of the Children Act 1989, so far as not within sub-paragraph (i);iiithe Children Act 2004;ivany subordinate legislation (within the meaning given by section 21(1) of the Interpretation Act 1978) under the legislation mentioned in sub-paragraphs (i) to (iii);bin relation to a relevant employer referred to in subsection (7)(d) or (e), means any functions relating to the social care of children in Wales that are prescribed by regulations under this section;cin relation to a relevant employer referred to in subsection (7)(f), means any functions relating to the social care of children in Scotland that are prescribed by regulations under this section.10The Secretary of State must consult the Welsh Ministers before making regulations under this section in reliance on subsection (7)(d) or (e) or (9)(b).11The Secretary of State must consult the Scottish Ministers before making regulations under this section in reliance on subsection (7)(f) or (9)(c).12For the purposes of subsection (5)(a)—a“worker” has the extended meaning given by section 43K, andba person is a worker of a relevant employer if the relevant employer is an employer in relation to the person within the extended meaning given by that section.5In section 230(6) (interpretation of references to employees, workers etc) for “and 49B(10)” substitute “ , 49B(10) and 49C(12) ”.6In section 236(3) (orders and regulations subject to affirmative procedure) after “49B,” insert “ 49C, ”.32A1The Secretary of State may by regulations impose requirements on English local authorities about the use of agency workers in connection with the children’s social care functions of those authorities.2An “agency worker” is an individual—awho is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, andbwho is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal.3The “children’s social care functions” of an English local authority are its functions under any legislation specified in Schedule 1 to the Local Authority Social Services Act 1970, so far as those functions relate to persons under the age of 18.4The regulations may, in particular—arequire that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements;bmake provision about the way in which such agency workers may be managed;cmake provision about the terms on which such agency workers may be supplied to English local authorities (including the amounts which may be paid under such arrangements).5Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.6Regulations under this section are subject to the affirmative resolution procedure.7In this section—“English local authority” means—a county council in England;a district council;a London borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;“worker” and “worker’s contract” have the same meanings as in the Employment Rights Act 1996 (see section 230(3) of that Act).331In section 50 of the Children Act 2004 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—7If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—aa reference in this section to a local authority includes a reference to the combined authority, andba reference in this section to functions specified in subsection (2) is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.2In section 15 of the Childcare Act 2006 (powers of the Secretary of State to secure proper performance etc), after subsection (6) insert—6AIf any functions of an English local authority under this Part are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009—aa reference in any of subsections (3) to (6) to an English local authority includes a reference to the combined authority, andba reference in those subsections to functions under this Part is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority.CHAPTER 4341The Secretary of State must by regulations make provision requiring—arelationships education to be provided to pupils of compulsory school age receiving primary education at schools in England;brelationships and sex education to be provided (instead of sex education) to pupils receiving secondary education at schools in England.2The regulations must include provision—arequiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education and to review the guidance from time to time;brequiring proprietors of schools to have regard to the guidance;crequiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;dabout the circumstances in which a pupil (or a pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education.3The regulations must provide that guidance given by virtue of subsection (2)(a) is to be given with a view to ensuring that when relationships education or relationships and sex education is given—athe pupils learn about—isafety in forming and maintaining relationships,iithe characteristics of healthy relationships, andiiihow relationships may affect physical and mental health and well-being, andbthe education is appropriate having regard to the age and the religious background of the pupils.4The regulations may make further provision in connection with the provision of relationships education, or relationships and sex education.5Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.6The regulations may amend any provision (including provision conferring powers) that is made by or under—asection 342 of the Education Act 1996;bChapter 4 of Part 5 of the Education Act 1996;cSchedule 1 to the Education Act 1996;dPart 6 of the Education Act 2002;eChapter 1 of Part 4 of the Education and Skills Act 2008;fthe Academies Act 2010.7Any duty to make provision by regulations under subsection (1) may be discharged by making that provision by regulations under another Act, so long as the Secretary of State consults such persons as the Secretary of State considers appropriate before making the regulations under that Act.8The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).9Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.10Other regulations under subsection (1) are subject to the negative resolution procedure.11Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.351The Secretary of State may by regulations make provision requiring personal, social, health and economic education (beyond that required by virtue of section 34) to be provided—ato pupils of compulsory school age receiving primary education at schools in England;bto pupils receiving secondary education at schools in England.2The regulations may include—aprovision requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education;bprovision requiring proprietors of schools to have regard to that guidance;cprovision requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;dfurther provision in connection with the provision of the education.3Before making the regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.4The regulations may amend any provision (including provision conferring powers) that is made by or under—asection 342 of the Education Act 1996;bChapter 4 of Part 5 of the Education Act 1996;cSchedule 1 to the Education Act 1996;dPart 6 of the Education Act 2002;eChapter 1 of Part 4 of the Education and Skills Act 2008;fthe Academies Act 2010.5The provision that may be made by regulations under subsection (1) by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under any Act or any other instrument or document (whenever passed or made).6Regulations under subsection (1) which amend provision made by or under an Act are subject to the affirmative resolution procedure.7Other regulations under subsection (1) are subject to the negative resolution procedure.8Expressions used in this section, where listed in the left-hand column of the table in section 580 of the Education Act 1996, are to be interpreted in accordance with the provisions of that Act listed in the right-hand column in relation to those expressions.9A power to make provision under this section does not limit any power to make provision of the same kind under another Act. Part 2 361A body corporate called Social Work England is established.2Social Work England is referred to in this Part as “the regulator”.3Schedule 3 makes further provision about the regulator.4The Secretary of State may by regulations rename Social Work England.5Regulations under subsection (4) may include consequential amendments to any provision contained in or made under this or any other Act.371The over-arching objective of the regulator in exercising its functions is the protection of the public.2The pursuit by the regulator of its over-arching objective involves the pursuit of the following objectives—ato protect, promote and maintain the health, safety and well-being of the public;bto promote and maintain public confidence in social workers in England;cto promote and maintain proper professional standards for social workers in England.381The Secretary of State may by regulations—apermit or require the regulator to appoint one or more people or panels of people to advise the regulator on matters relating to its functions, andbmake provision about the functions of people or panels so appointed.2The regulations may make further provision in connection with the appointment of a person or panel.3For example, the regulations may make provision about—apayments to be made to those appointed;bstaff, facilities or other assistance.391The regulator must keep a register of social workers in England.2The Secretary of State may by regulations require the regulator to keep a register of people who are undertaking education or training in England to become social workers.3The Secretary of State may by regulations—aauthorise the regulator to appoint a member of staff as a registrar;bmake provision about the functions of the registrar;cmake other provision in connection with the keeping of a register.4For example, the regulations may make provision about—aeligibility for registration or continued registration;bthe combination of the registers mentioned in subsections (1) and (2);ccategories of registration;dthe procedure for dealing with registration applications;eexpiry and renewal of entries;fthe content of the register;gduties to provide information to the regulator;hsuspension or removal from the register;irestoration of entries;jappeals against decisions in connection with registration;kpublication of, or access to, the register or information contained in it;lthe procedure for considering, investigating or determining any matter in connection with the register or registration (including standards of proof);mevidence in legal proceedings of matters contained in the register (including provision for a certificate to be conclusive proof).40The Secretary of State may by regulations impose prohibitions or restrictions in connection with—athe carrying out of social work in England;bthe use, in relation to social work in England, of titles or descriptions specified in the regulations;cthe holding out of a person as qualified to carry out social work in England.411The regulator must determine and publish professional standards for social workers in England.2If the regulator is required to keep a register of students, it must determine and publish standards of conduct or ethics for registered students.3Before determining a standard under this section the regulator must—aconsult such persons as the regulator considers appropriate, andbobtain the Secretary of State's approval of the standard.4The Secretary of State may by regulations make provision about arrangements for assessing whether a person meets a professional standard under subsection (1) relating to proficiency.5If the Secretary of State has made regulations under section 48(1)(a) (transfer to the regulator of functions in connection with approved mental health professionals), the reference in subsection (1) to professional standards for social workers in England includes professional standards relating to their work as approved mental health professionals.421The Secretary of State may—adetermine and publish improvement standards for social workers in England;bcarry out assessments of whether people meet improvement standards under paragraph (a).2The Secretary of State may make arrangements for another person to do any or all of those things (and may make payments to that person).3The Secretary of State must consult such persons as the Secretary of State considers appropriate before determining a standard under subsection (1)(a).4In this section “improvement standard” means a professional standard the attainment of which demonstrates particular expertise or specialisation.5Nothing in this section limits anything in section 41.431The regulator must, in relation to people who are or who wish to become social workers in England, determine and publish standards of education or training.2Before determining a standard under this section the regulator must—aconsult such persons as the regulator considers appropriate, andbobtain the Secretary of State's approval of the standard.3The Secretary of State may by regulations make provision for the regulator to operate a scheme for the approval of—acourses of education or training for people who are or who wish to become social workers in England;bqualifications for people who are or who wish to become social workers in England.4The regulations may make provision in connection with the approval scheme.5For example, the regulations may make provision about—athe criteria for approval or continued approval;bthe procedure for approval or renewal of approval;cduties to provide information to the regulator;dinspections in connection with the approval or continued approval of courses or qualifications (including provision for the appointment of people to carry out inspections);eappeals against decisions in connection with approval;fthe publication of the scheme.6The provision that may be made under the regulations about the appointment of people to carry out inspections includes provision about—apayments to be made to those appointed;bstaff, facilities or other assistance.441The regulator must—amake arrangements for protecting the public from social workers in England whose fitness to practise is impaired, andbmake arrangements for taking other disciplinary action against social workers in England.2The Secretary of State may by regulations require the regulator to make arrangements for taking disciplinary action against registered students.3The Secretary of State may by regulations make further provision about—afitness to practise as a social worker in England,bdiscipline of social workers in England or registered students, andcthe arrangements to be made under subsection (1) or (2).4For example, the regulations may make provision about—athe person by whom decisions about discipline or fitness to practise are to be taken on behalf of the regulator;bthe appointment of assessors, examiners or legal or other advisers;cthe circumstances in which disciplinary action may be taken or the circumstances in which a person's fitness to practise is impaired;dthe procedure for considering, investigating or determining disciplinary matters or fitness to practise (including standard of proof);epowers to obtain information;ftemporary measures that may be taken against a person pending the outcome of an investigation;gsanctions;happeals against decisions;ipublication of decisions.5The provision that may be made about persons appointed under the regulations includes provision about—apayments to those persons;bstaff, facilities or other assistance.451The Secretary of State may by regulations create offences in connection with—aregistration in a register mentioned in section 39;bprohibitions or restrictions imposed under section 40 (restrictions on practice and protected titles);cfailing to comply with a requirement to provide documents or other information or to attend and give evidence under regulations under section 39 or 44;dproviding false or misleading information or evidence in response to a requirement under regulations under section 39 or 44.2The regulations—amust provide for the offences to be triable summarily only, andbmay not provide for the offences to be punishable with imprisonment.461The Secretary of State may take such steps as the Secretary of State considers appropriate—ato ensure that adequate provision is made for social work training, andbto encourage individuals resident in England to undertake social work training.2The power under subsection (1) may, in particular, be used to provide financial or other assistance (subject to any conditions the Secretary of State thinks are appropriate)—afor individuals resident in England to undertake social work training;bfor organisations providing social work training.3Functions of the Secretary of State under this section may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.4For the purpose of determining—athe terms and effect of an authorisation under subsection (3), andbthe effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,Part 2 of the Deregulation and Contracting Out Act 1994 has effect as if the authorisation were given by virtue of an order under section 69 of that Act; and in subsection (3) “employee” has the same meaning as in that Part.5In this section “social work training” means education or training that is suitable for people who are or wish to become social workers in England.471The Secretary of State may direct a Special Health Authority to exercise functions under section 46(1)(b) so far as relating to the provision of financial or other assistance.2The National Health Service Act 2006 has effect as if—aany direction under subsection (1) were a direction under section 7 of that Act, andbany functions exercisable by the Special Health Authority by virtue of a direction under subsection (1) were exercisable under that section.3Directions under subsection (1)—amust be given by an instrument in writing, andbmay be varied or revoked by subsequent directions.481The Secretary of State may by regulations amend section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) for the purposes of—atransferring the functions of the Health and Care Professions Council under that section to the regulator;bgiving the regulator power to charge fees for approving courses under that section.2The regulations may include further provision in connection with the approval of courses or charging of fees by the regulator under that section.3For example, the regulations may—aauthorise the regulator to arrange for another person to exercise functions on the regulator's behalf;bmake provision about the setting of criteria for the approval or continued approval of courses;cmake provision about inspections in connection with the approval or continued approval of courses (including provision for the appointment of people to carry out inspections);dmake provision about the procedure for approval or renewal of approval;emake provision about duties to provide information;fmake provision about appeals against decisions in connection with approval;gmake provision limiting the regulator's power to approve courses run outside the United Kingdom to those run by institutions approved by the regulator or approved by a person with whom the regulator has made arrangements.4The provision that may be made under the regulations about the appointment of people to carry out inspections includes provision about—apayments to be made to those appointed;bstaff, facilities or other assistance.5If the regulations give the regulator power to charge fees, section 50(2) to (7) apply for the purposes of this section as they apply for the purposes of that section.491Paragraph 130 of Schedule A1 to the Mental Capacity Act 2005 (assessments in connection with deprivation of liberty: regulations about selection, and eligibility, of persons to carry out assessments) is amended as follows.2After sub-paragraph (2) insert—2AIn relation to England—athe provision that the regulations may make in relation to a person's training in connection with best interests assessments includes provision for particular training to be specified by Social Work England or the Secretary of State otherwise than in the regulations;bthe provision that the regulations may make in relation to a person's training in connection with other assessments includes provision for particular training to be specified by the Secretary of State otherwise than in the regulations.2BThe regulations may give Social Work England power to charge fees for specifying any training as mentioned in sub-paragraph (2A)(a).2CIf the regulations give Social Work England power to charge fees, section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (2B) as they apply for the purposes of that section.3In sub-paragraph (3)—aat the beginning insert “ In relation to Wales ”;bfor “the appropriate authority” substitute “ the Welsh Ministers ”.4Omit sub-paragraph (4).501The Secretary of State may by regulations confer power on the regulator to charge fees in connection with—aregistration or continued registration in a register mentioned in section 39;bassessing whether a person meets a professional standard relating to proficiency as mentioned in section 41(4);capproval or continued approval in accordance with a scheme mentioned in section 43.2The regulator is responsible for setting the level of fees in accordance with any provision made by the regulations.3Before determining the level of any fee the regulator must—aconsult any persons they consider appropriate, andbobtain the approval of the Secretary of State.4The regulations may authorise fees to be set at a level that exceeds the cost of the things in respect of which they are charged.5But the regulations must require the level of any fees to be set with a view to ensuring that, so far as possible, the regulator's fee income does not exceed its expenses (taking one year with another).6Regulations under this section may include provision about the collection and recovery of fees.7The regulations must require the regulator to pay any fee income to the Secretary of State unless the Secretary of State, with the consent of the Treasury, directs otherwise.511The Secretary of State may make grants to the regulator.2A grant under this section may be made subject to any conditions the Secretary of State thinks are appropriate.521The regulator may publish or disclose information about any matter relating to its functions or give advice about any matter relating to its functions.2The Secretary of State may by regulations —amake provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);bmake other provision supplementing subsection (1).531The regulator must where appropriate co-operate with the following in the exercise of its functions—aSocial Care Wales,bthe Scottish Social Services Council,cthe Northern Ireland Social Care Council, anddany other person specified in regulations made by the Secretary of State.2Until section 67(3) of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) comes fully into force, the reference in subsection (1)(a) to Social Care Wales is to be read as a reference to the Care Council for Wales.54The regulator must provide any information that the Secretary of State requests in relation to the exercise of the regulator's functions.551The Secretary of State may give the regulator a remedial direction if the regulator—ahas defaulted in performing any functions and has not remedied the default, orbis likely to default in performing any function.2The Secretary of State may by regulations make further provision about remedial directions and their enforcement.3For example, the regulations may make provision about—athe procedure for determining whether the regulator has defaulted or is likely to default;bthe procedure for giving remedial directions;cthe steps that the Secretary of State may take if the regulator fails to comply with a remedial direction (which may include doing anything that the regulator can do);dthe payment by the regulator of any expenses incurred by the Secretary of State (including expenses incurred in making payments to anyone acting on the Secretary of State's behalf).56Schedule 4 contains amendments to give the Professional Standards Authority for Health and Social Care functions to oversee the regulator.571Regulations under this Part may be used to confer functions on the regulator or a Minister of the Crown.2Regulations under this Part may confer discretions on the regulator or a Minister of the Crown.3Regulations under this Part may—aconfer power on the regulator to make rules;bmake provision in connection with the procedure for making those rules (including provision requiring the regulator to obtain the Secretary of State's approval before making rules of a specified description).4The provision that may be made in regulations under this Part by virtue of section 67 includes, in particular, provision amending, repealing or revoking any provision made by or under an Act or any other instrument or document (whenever passed or made).581Before making regulations under this Part the Secretary of State must carry out a public consultation.2Where the Secretary of State lays a draft of an instrument containing regulations under this Part before Parliament, it must be accompanied by a report by the Secretary of State about the consultation.3The duties imposed by subsections (1) and (2) do not apply to regulations under section 36 (renaming of Social Work England).4The duties imposed by subsections (1) and (2) do not apply where the regulations amend other regulations and, in the opinion of the Secretary of State, they do not make any substantial change.591Regulations under section 36 (renaming of Social Work England) are subject to the negative resolution procedure.2Any other regulations under this Part are subject to the affirmative resolution procedure.601The Secretary of State may make a scheme for the transfer of property, rights and liabilities from the Health and Care Professions Council (the “old regulator”) to Social Work England.2The things that may be transferred under a transfer scheme include—aproperty, rights and liabilities that could not otherwise be transferred;bproperty acquired, and rights and liabilities arising, after the making of the scheme.3A transfer scheme may make consequential, supplementary, incidental or transitional provision and may—acreate rights, or impose liabilities, in relation to property or rights transferred;bmake provision about the continuing effect of things done by the old regulator in respect of anything transferred;cmake provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the old regulator in respect of anything transferred;dmake provision for references to the old regulator in an instrument or other document in respect of anything transferred to be treated as references to the transferee;emake provision for the shared ownership or use of property;fif the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.4A transfer scheme may provide—afor modification by agreement;bfor modifications to have effect from the date when the original scheme came into effect.5In subsection (3)(f), “TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246).6In this section—areferences to rights and liabilities include rights and liabilities relating to a contract of employment;breferences to the transfer of property include the grant of a lease.611The Health Act 1999 is amended as follows.2In section 60 (regulation of health professions, social workers, other care workers etc)—ain subsection (1), omit paragraphs (ba) and (bb);bin subsection (2), in paragraphs (c) and (d), omit “(other than the social work profession in England)”;comit subsection (2ZA);din subsection (2ZC), omit paragraph (o);efor subsection (2ZE) substitute—2ZEAIn subsection (2ZC) “social work in England” means social work which is required in connection with any health, education or social services provided in England.;fin the heading, for “, social workers, other care” substitute “ and social care ”.3In section 60A (standards of proof in fitness to practise proceedings)—ain subsection (2A), omit paragraph (b);bin subsection (2A)(c), for “that section” substitute “ section 60 ”;cin subsection (3), omit “or the social work profession in England (within the meaning given in section 60(2ZA)”.4In Schedule 3 (regulation of health care and associated professions)—ain paragraph 10, for the definitions of “social care work in England”, “social care workers in England” and “the social work profession in England” substitute—“social care work in England” and “social care workers in England” have the meaning given by section 60.;bin paragraph 11(2A)(b), for “members of the social work profession in England” substitute “ engaging in social work in England ”.62Schedule 5 contains further minor and consequential amendments relating to this Part.631In this Part—“approved mental health professional” has the meaning given by section 114 of the Mental Health Act 1983;“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;“professional standards” includes standards relating to—proficiency;performance;conduct and ethics;continuing professional training and development;“register” means a register mentioned in section 39(1) or (2) (and related expressions are to be read accordingly);“register of students” means a register mentioned in section 39(2) (and related expressions are to be read accordingly);“registered student” means a person registered as someone who is undertaking education or training in England to become a social worker;“the regulator” has the meaning given by section 36;“social work in England” means social work which is required in connection with any health, education, or social services provided in England;“social worker in England” means a person who engages in social work in England (but see subsection (2)).2A person who is a member of a profession to which section 60(2) of the Health Act 1999 applies is not to be treated as a social worker in England by reason only of carrying out work as an approved mental health professional.641The Secretary of State must commission an independent person to—areview the operation of this Part during the review period, andbsend a report to the Secretary of State on the findings of the review.2In carrying out the review the independent person must consult representatives of social workers in England and anyone else that the person considers appropriate.3On receiving the report the Secretary of State must lay it before Parliament.4The Secretary of State must also lay before Parliament a response to the report.5The review period is 5 years beginning with the day on which section 39(1) comes fully into force. Part 3 65The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.661The Secretary of State may by regulations make provision that is consequential on any provision made by this Act.2Regulations under this section may amend, repeal or revoke any provision made by or under an Act passed before this Act or in the same Session.3Regulations under this section that repeal or amend a provision of an Act are subject to the affirmative resolution procedure.4Any other regulations under this section are subject to the negative resolution procedure.671Regulations under this Act are to be made by statutory instrument.2Regulations under this Act may make—aconsequential, supplementary, incidental, transitional or saving provision;bdifferent provision for different purposes.3This section does not apply to regulations under section 70.681Where regulations under this Act are subject to “the negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.2Where regulations under this Act are subject to “the affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.3Any provision that may be included in an instrument under this Act subject to the negative resolution procedure may be made by regulations subject to the affirmative resolution procedure.691Section 10 and paragraphs 2, 4, 5 and 14 of Schedule 1 extend to England and Wales and Scotland.2Except as mentioned in subsection (1), any amendment or repeal made by this Act has the same extent as the provision amended or repealed.3Subject to subsections (1) and (2), Parts 1 and 2 extend to England and Wales only.4This Part extends to England and Wales, Scotland and Northern Ireland.701The following come into force on the day on which this Act is passed—asection 10 and Schedule 1;bthis Part.2The other provisions of this Act come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.3Different days may be appointed for different purposes.711This Act may be cited as the Children and Social Work Act 2017.S. 8 in force at 31.10.2017 by S.I. 2017/918, reg. 2(a)S. 9 in force at 31.10.2017 by S.I. 2017/918, reg. 2(b)S. 33 in force at 31.10.2017 by S.I. 2017/918, reg. 2(c)S. 42 in force at 31.10.2017 by S.I. 2017/918, reg. 2(d)S. 56 in force at 15.1.2018 for specified purposes by S.I. 2017/1217, reg. 2(a)S. 58 in force at 15.1.2018 by S.I. 2017/1217, reg. 2(c)S. 13 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(a)S. 16 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(b)S. 17 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(c)S. 18 in force at 19.3.2018 for specified purposes by S.I. 2018/346, reg. 3(d)S. 29 in force at 19.3.2018 by S.I. 2018/346, reg. 3(e)S. 3 in force at 1.4.2018 by S.I. 2018/346, reg. 4(c)S. 34 in force at 1.4.2018 by S.I. 2018/346, reg. 4(e)S. 35 in force at 1.4.2018 by S.I. 2018/346, reg. 4(f)S. 48 in force at 1.4.2018 by S.I. 2018/346, reg. 4(p)S. 49 in force at 1.4.2018 by S.I. 2018/346, reg. 4(q)S. 56 in force at 1.4.2018 for specified purposes by S.I. 2018/346, reg. 4(w)S. 1 in force at 1.4.2018 by S.I. 2018/346, reg. 4(a)S. 2 in force at 1.4.2018 by S.I. 2018/346, reg. 4(b)S. 11 in force at 1.4.2018 by S.I. 2018/346, reg. 4(d)S. 36(1)(2)(4)(5) in force at 1.4.2018 by S.I. 2018/346, reg. 4(g)S. 36(3) in force at 1.4.2018 for specified purposes by S.I. 2018/346, reg. 4(h)S. 38 in force at 1.4.2018 by S.I. 2018/346, reg. 4(i)S. 39(2)-(4) in force at 1.4.2018 by S.I. 2018/346, reg. 4(j)S. 40 in force at 1.4.2018 by S.I. 2018/346, reg. 4(k)S. 41(3)(4) in force at 1.4.2018 by S.I. 2018/346, reg. 4(l)S. 43(2)-(6) in force at 1.4.2018 by S.I. 2018/346, reg. 4(m)S. 44(2)-(5) in force at 1.4.2018 by S.I. 2018/346, reg. 4(n)S. 45 in force at 1.4.2018 by S.I. 2018/346, reg. 4(o)S. 50(1)(3)-(7) in force at 1.4.2018 by S.I. 2018/346, reg. 4(r)S. 51 in force at 1.4.2018 by S.I. 2018/346, reg. 4(s)S. 52(2) in force at 1.4.2018 by S.I. 2018/346, reg. 4(t)S. 53(1) in force at 1.4.2018 for specified purposes by S.I. 2018/346, reg. 4(u)S. 55(2)(3) in force at 1.4.2018 by S.I. 2018/346, reg. 4(v)S. 57 in force at 1.4.2018 by S.I. 2018/346, reg. 4(x)S. 59 in force at 1.4.2018 by S.I. 2018/346, reg. 4(y)S. 60 in force at 1.4.2018 by S.I. 2018/346, reg. 4(z)S. 12 in force at 29.6.2018 by S.I. 2018/497, reg. 3(a)S. 13 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(b)S. 14 in force at 29.6.2018 by S.I. 2018/497, reg. 3(c)S. 15 in force at 29.6.2018 by S.I. 2018/497, reg. 3(d)S. 16 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(e)S. 17 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(f)S. 18 in force at 29.6.2018 in so far as not already in force by S.I. 2018/497, reg. 3(g) (with regs. 5-7)S. 19 in force at 29.6.2018 by S.I. 2018/497, reg. 3(h)S. 20 in force at 29.6.2018 by S.I. 2018/497, reg. 3(i)S. 21 in force at 29.6.2018 by S.I. 2018/497, reg. 3(j)S. 22 in force at 29.6.2018 by S.I. 2018/497, reg. 3(k)S. 23 in force at 29.6.2018 by S.I. 2018/497, reg. 3(l)S. 24 in force at 29.6.2018 by S.I. 2018/497, reg. 3(m)S. 25 in force at 29.6.2018 by S.I. 2018/497, reg. 3(n)S. 26 in force at 29.6.2018 by S.I. 2018/497, reg. 3(o)S. 27 in force at 29.6.2018 by S.I. 2018/497, reg. 3(p)S. 28 in force at 29.6.2018 by S.I. 2018/497, reg. 3(q)S. 31 in force at 29.6.2018 by S.I. 2018/497, reg. 3(r) (with reg. 11)S. 30 in force at 29.6.2018 for specified purposes by S.I. 2018/497, reg. 8(2) (with regs. 8(3), 9, 10)S. 4 in force at 1.9.2018 by S.I. 2018/497, reg. 4(a)S. 5 in force at 1.9.2018 by S.I. 2018/497, reg. 4(b)S. 6 in force at 1.9.2018 by S.I. 2018/497, reg. 4(c)S. 7 in force at 1.9.2018 by S.I. 2018/497, reg. 4(d)S. 36(3) in force at 1.9.2018 in so far as not already in force by S.I. 2018/945, reg. 3(a)S. 50(2)-(7) applied by 2005. c. 9, Sch. AA1 para. 40(4) (as inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1)S. 37 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(a)S. 39(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(b) (with reg. 3)S. 41(1)(2)(5) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(c)S. 43(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(d)S. 44(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(e)S. 46 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(f)S. 47 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(g)S. 50(2) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(h)S. 52(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(i)S. 53(1) in force at 2.12.2019 in so far as not already in force by S.I. 2019/1436, reg. 2(j)S. 53(2) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(j)S. 54 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(k)S. 55(1) in force at 2.12.2019 by S.I. 2019/1436, reg. 2(l)S. 56 in force at 2.12.2019 in so far as not already in force by S.I. 2019/1436, reg. 2(m)S. 61 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(n)S. 62 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(o)S. 63 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(p)S. 64 in force at 2.12.2019 by S.I. 2019/1436, reg. 2(q)S. 30 in force at 29.9.2020 in so far as not already in force by S.I. 2018/497, reg. 8(4)S. 32A and cross-heading inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 21, 78(1)(a)(5)