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Children and Social Work Act 2017

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Children and Social Work Act 2017 is up to date with all changes known to be in force on or before 18 November 2019. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Children

    1. CHAPTER 1 Looked after children

      1. Corporate parenting principles for English local authorities

        1. 1.Corporate parenting principles

      2. Care leavers in England

        1. 2.Local offer for care leavers

        2. 3.Advice and support

      3. Educational achievement in England

        1. 4.Duty of local authority in relation to previously looked after children

        2. 5.Maintained schools: staff member for previously looked after pupils

        3. 6.Academies: staff member for looked after and previously looked after pupils

        4. 7.Maintained schools: guidance for staff member for looked after pupils

      4. Care and adoption proceedings in England and Wales

        1. 8.Care orders: permanence provisions

        2. 9.Adoption: duty to have regard to relationship with adopters

      5. Secure accommodation

        1. 10.Placing children in secure accommodation elsewhere in Great Britain

      6. Chapter 1: consequential amendments

        1. 11.Chapter 1: consequential amendments

    2. CHAPTER 2 Safeguarding of children

      1. Child Safeguarding Practice Review Panel

        1. 12.Child Safeguarding Practice Review Panel

        2. 13.Functions of the Panel

        3. 14.Events to be notified to the Panel

        4. 15.Information

      2. Local arrangements for safeguarding and promoting welfare of children

        1. 16.Local arrangements for safeguarding and promoting welfare of children

        2. 17.Local child safeguarding practice reviews

        3. 18.Further provision about arrangements

        4. 19.Information

        5. 20.Funding

        6. 21.Combining safeguarding partner areas and delegating functions

        7. 22.Guidance by Secretary of State

        8. 23.Interpretation

      3. Child death reviews

        1. 24.Child death reviews

        2. 25.Information

        3. 26.Funding

        4. 27.Combining child death review partner areas and delegating functions

        5. 28.Guidance and interpretation

      4. Miscellaneous

        1. 29.Regulations under provisions inserted by sections 13, 16 and 17

        2. 30.Abolition of Local Safeguarding Children Boards

        3. 31.Chapter 2: consequential amendments

    3. CHAPTER 3 Other provision relating to children's social care

      1. Children's social care: pre-employment protection of whistle-blowers

        1. 32.Pre-employment protection of whistle-blowers

      2. Combined authority functions relating to children

        1. 33.Power to secure proper performance

    4. CHAPTER 4 Relationships, sex and PSHE education

      1. 34.Education relating to relationships and sex

      2. 35.Other personal, social, health and economic education

  3. Part 2 Social workers etc in England

    1. Social Work England

      1. 36.Social Work England

      2. 37.Over-arching objective

      3. 38.Advisers

    2. Regulation and improvement

      1. 39.Registration

      2. 40.Restrictions on practice and protected titles

      3. 41.Professional standards

      4. 42.Improvement standards

      5. 43.Education and training

      6. 44.Discipline and fitness to practise

      7. 45.Offences

    3. Provision of training

      1. 46.Ensuring adequate provision of social work training

      2. 47.Exercise by Special Health Authority of functions under section 46(1)(b)

    4. Approval of courses in relation to mental health professionals

      1. 48.Approval of courses for approved mental health professionals

      2. 49.Approval of courses for best interests assessors

    5. Fees and grants

      1. 50.Fees

      2. 51.Grants

    6. Information and co-operation

      1. 52.Information and advice

      2. 53.Duty to co-operate

    7. Oversight

      1. 54.Information for Secretary of State

      2. 55.Default powers

      3. 56.Oversight by the Professional Standards Authority for Health and Social Care

    8. Regulations under Part 2

      1. 57.Conferral of functions and sub-delegation

      2. 58.Consultation

      3. 59.Parliamentary procedure for regulations under Part 2

    9. Transfer scheme and consequential amendments

      1. 60.Transfer scheme

      2. 61.Repeal of existing powers to regulate social workers

      3. 62.Amendments to do with this Part

    10. Interpretation

      1. 63.Interpretation of Part 2

    11. Review

      1. 64.Review by independent person

  4. Part 3 General

    1. 65.Power to make transitional provision

    2. 66.Power to make consequential provision

    3. 67.Regulations: general

    4. 68.Affirmative and negative resolution procedures

    5. 69.Extent

    6. 70.Commencement

    7. 71.Short title

  5. SCHEDULES

    1. SCHEDULE 1

      Placing children in secure accommodation elsewhere in Great Britain

      1. Children Act 1989

        1. 1.The Children Act 1989 is amended as follows.

        2. 2.(1) Section 25 (use of accommodation in England for restricting...

        3. 3.In paragraph 19(9) of Schedule 2 (restrictions on arrangements for...

      2. Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

        1. 4.The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended...

        2. 5.In regulation 1— (a) in the heading, for “and commencement”...

        3. 6.In regulation 2(1) (interpretation), in the definition of “children's home”,...

        4. 7.For regulation 3 substitute— Approval by Secretary of State of...

        5. 8.In regulation 17 (records), in the words before paragraph (a),...

      3. Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)

        1. 9.The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205)...

        2. 10.In regulation 5 (maximum period in secure accommodation), after paragraph...

        3. 11.In regulation 15 (records to be kept by managers of...

      4. Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465)

        1. 12.In Article 7 of the Children's Hearings (Scotland) Act 2011...

      5. Social Services and Well-being (Wales) Act 2014 (anaw 4)

        1. 13.In section 124(9) of the Social Services and Well-being (Wales)...

      6. Saving for existing powers

        1. 14.The amendments made by this Schedule to provisions of subordinate...

    2. SCHEDULE 2

      Part 1 of this Act: consequential amendments

      1. Part 1 Amendment relating to Chapter 1

        1. Local offer for care leavers

          1. 1.In Schedule 1 to the Local Authority Social Services Act...

          2. 2.In paragraph 1(2)(a) of Schedule 2 to the Children Act...

          3. 3.In section 135(1)(e) of the Education and Inspections Act 2006...

          4. 4.In section 30 of the Children and Families Act 2014...

        2. Advice and support

          1. 5.In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration...

          2. 6.In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning...

      2. Part 2 Amendments relating to abolition of Local Safeguarding Children Boards

        1. 7.In Schedule 1 to the Local Authority Social Services Act...

        2. 8.(1) Section 83 of the Children Act 1989 (research and...

        3. 9.(1) Section 31 of the Children and Young Persons Act...

    3. SCHEDULE 3

      Social Work England

      1. Status

        1. 1.(1) The regulator is not to be regarded—

      2. Members

        1. 2.The regulator is to consist of— (a) a chair appointed...

      3. Term of office

        1. 3.A member holds and vacates office in accordance with the...

        2. 4.A member may resign by giving written notice to the...

        3. 5.The Secretary of State may by notice in writing remove...

      4. Remuneration and pensions

        1. 6.The regulator may pay to the members such remuneration, allowances...

        2. 7.If required to do so by the Secretary of State,...

      5. Staff

        1. 8.(1) The regulator must appoint a person to be chief...

        2. 9.The regulator may appoint other staff.

        3. 10.(1) The regulator's staff may be appointed on such terms,...

      6. Procedure

        1. 11.The regulator may determine its own procedure (including quorum).

        2. 12.No proceeding is invalidated by— (a) a vacancy in the...

      7. Delegation

        1. 13.(1) The regulator may delegate functions to a committee, sub-committee,...

        2. 14.(1) The regulator may delegate functions to any other person...

        3. 15.(1) A function may be delegated under paragraph 13 or...

      8. Membership of committees and sub-committees

        1. 16.(1) A committee or sub-committee of the regulator may include...

      9. Annual reports and accounts

        1. 17.As soon as possible after the end of each financial...

        2. 18.(1) The regulator must keep proper accounts and proper records...

        3. 19.The Secretary of State must, in respect of each financial...

        4. 20.In paragraphs 17 to 19 “financial year” means—

      10. Application of seal and evidence

        1. 21.The application of the regulator's seal must be authenticated by...

        2. 22.A document purporting to be duly executed under the seal...

      11. Disqualification

        1. 23.In Part 2 of Schedule 1 to the House of...

      12. Freedom of information

        1. 24.In Part 6 of Schedule 1 to the Freedom of...

    4. SCHEDULE 4

      Oversight by the Professional Standards Authority for Health and Social Care

      1. 1.The National Health Service Reform and Health Care Professions Act...

      2. 2.(1) Section 25 (the Professional Standards Authority for Health and...

      3. 3.(1) Section 25A (funding of the Authority) is amended as...

      4. 4.After section 25A insert— Funding of the Authority by Social...

      5. 5.In section 25C (appointments to regulatory bodies), in subsection (7),...

      6. 6.(1) Section 25D (power of regulatory bodies to establish voluntary...

      7. 7.In section 25E (section 25D: interpretation), omit subsections (10) and...

      8. 8.In section 25F (establishment of voluntary register: impact assessment), in...

      9. 9.In section 25G (power of the Authority to accredit voluntary...

      10. 10.In section 25H (accreditation of voluntary register: impact assessment), in...

      11. 11.In section 25I (functions of the Authority in relation to...

      12. 12.(1) Section 26A (powers of Secretary of State and devolved...

      13. 13.In section 27 (regulatory bodies and the Authority), in subsection...

      14. 14.In section 28 (complaints), in subsection (1), after “regulatory body”...

      15. 15.(1) Section 29 (reference to disciplinary cases by the Authority...

      16. 16.(1) Section 38 (regulations and orders) is amended as follows....

    5. SCHEDULE 5

      Amendments to do with Part 2

      1. Part 1 General amendments

        1. London County Council (General Powers) Act 1920

          1. 1.In section 18(e) of the London County Council (General Powers)...

        2. Medicines Act 1968

          1. 2.In section 58 of the Medicines Act 1968, omit subsection...

        3. Video Recordings Act 1984

          1. 3.In section 3 of the Video Recordings Act 1984, omit...

        4. London Local Authorities Act 1991

          1. 4.In section 4 of the London Local Authorities Act 1991,...

        5. Value Added Tax Act 1994

          1. 5.In Part 2 of Schedule 9 to the Value Added...

        6. Data Protection Act 1998

          1. 6.In section 69(1) of the Data Protection Act 1998, in...

        7. Care Standards Act 2000

          1. 7.The Care Standards Act 2000 is amended as follows.

          2. 8.(1) Section 55 is amended as follows.

          3. 9.(1) Section 67 is amended as follows.

        8. Health and Social Work Professions Order 2001

          1. 10.The Health and Social Work Professions Order 2001 (SI 2002/254)...

          2. 11.(1) Article 3 is amended as follows.

          3. 12.In article 6(3)(aa), omit “or social work”.

          4. 13.In article 7(4), omit “or social work”.

          5. 14.(1) Article 9 is amended as follows.

          6. 15.(1) Article 10 is amended as follows.

          7. 17.(1) Article 12 is amended as follows.

          8. 18.(1) Article 13 is amended as follows.

          9. 19.For the heading of article 13A substitute “ Visiting health...

          10. 20.Omit article 13B.

          11. 21.In article 19(2A)(b), omit “or social work”.

          12. 22.In article 20, omit the words from “; but the...

          13. 23.(1) Article 37 is amended as follows.

          14. 24.(1) Article 38 is amended as follows.

          15. 25.In article 39, omit paragraph (1A).

          16. 26.In Schedule 1, in paragraph 1A(1)(b), omit paragraph (ia) (but...

          17. 27.(1) In Schedule 3, paragraph 1 is amended as follows....

        9. Adoption and Children Act 2002

          1. 28.(1) In section 10 of the Adoption and Children Act...

        10. Income Tax (Earnings and Pensions) Act 2003

          1. 29.In section 343(2) of the Income Tax (Earning and Pensions)...

        11. National Health Service Act 2006

          1. 30.In section 126 of the National Health Service Act 2006,...

        12. National Health Service (Wales) Act 2006

          1. 31.In section 80 of the National Health Service (Wales) Act...

        13. Armed Forces Act 2006

          1. 32.In section 257(3) of the Armed Forces Act 2006, for...

        14. Safeguarding Vulnerable Groups Act 2006

          1. 33.The Safeguarding Vulnerable Groups Act 2006 is amended as follows....

          2. 34.In section 41(7), in the table, after entry 10 insert—...

          3. 35.In Schedule 3, in paragraph 16(4), after paragraph (l) insert—...

        15. Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14)

          1. 36.In section 30A(6) of the Protection of Vulnerable Groups (Scotland)...

        16. Children and Young Persons Act 2008

          1. 37.(1) In section 2 of the Children and Young Persons...

        17. Health and Social Care Act 2012

          1. 38.In the Health and Social Care Act 2012 omit sections...

        18. Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

          1. 39.The Regulation and Inspection of Social Care (Wales) Act 2016...

          2. 40.In section 111(4)(b)— (a) in the Welsh text, for “Cyngor...

          3. 41.In section 117(4)(a)— (a) in the Welsh text, after “Gofal”...

          4. 42.In section 119(4)(a)(ii)— (a) in the Welsh text, for “y...

          5. 43.In section 125(5)(a)(ii)— (a) in the Welsh text, for “y...

          6. 44.In section 174(5)(a)(ii)— (a) in the Welsh text, for “Cyngor...

      2. Part 2 Renaming of Health and Social Work Professions Order 2001

        1. 45.For the title to the Health and Social Work Professions...

        2. 46.In article 1(1) of that Order (citation), for “the Health...

        3. 47.In the following provisions, for “the Health and Social Work...

        4. 48.In the definition of “registered psychologist” in each of the...

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