Children and Social Work Act 2017

Commentary on provisions of Act

Part 1: Children

Chapter 1: Looked after children

Section 1: Corporate parenting principles

47. This Section introduces seven key needs (collectively known as corporate parenting principles) which local authorities in England must have regard to whenever they exercise a function in relation to looked after children, relevant children and former relevant children (otherwise known as looked after children and care leavers). Subsection (2) defines these children by reference to the definitions used in sections 22(1), 23A(2) and 23C(1) of the Children Act 1989. The principles are applicable to all local authorities in England, whether or not they are (or were) the local authority responsible for the looked after the child or the care leaver.
48. The first principle requires a local authority to have regard to the need to act in the best interests of, and to promote the physical and mental health and well-being of the children and young people to whom the section applies.
49. The second principle requires a local authority to have regard to the need to encourage the children and young people to whom the section applies to express their views, wishes and feelings.
50. The third principle requires local authorities to have regard to the need to take account of the views, wishes and feelings of children and young people to whom the section applies.
51. The fourth principle requires a local authority to have regard to the need to help the children and young people to whom the section applies to gain access to and get the best use of the services provided by the local authority, and by its relevant partners, as defined by section 10(4) of the Children Act 2004.
52. The fifth principle requires the local authority to have regard to the need to promote high aspirations for the relevant children and young people to whom the section applies, and to have regard to the need to secure the best outcomes for such children and young persons.
53. The sixth principle requires the local authority to have regard to the need for the children and young people to whom the section applies to be safe and for stability in their home lives, relationships and education or work.
54. The seventh principle requires a local authority to have regard to the need to prepare the children and young people to whom the section applies for adulthood and independent living.
55. Subsection (3) defines the terms ‘local authority’ and ‘relevant partner’.
56. Subsection (4) of the section also requires local authorities in England to have regard to any guidance issued by the Secretary of State as to the performance of the duty set out in this section.

Section 2: Local offer for care leavers

57. Subsection (1) requires local authorities in England to publish information about the services which it offers to care leavers as a result of its duties under the Children Act 1989 and other services it offers to everyone, that may assist care leavers in or in preparing for adulthood and independent living.
58. Subsection (2) sets out certain service areas as being the kinds of services that may assist care leavers in, or in preparing for adulthood and independent living. These are: health and well-being; education and training; employment; accommodation; participation in society; and relationships.
59. Subsection (3) confirms that the local offer for care leavers encompasses services offered by others which the local authority would have had the power to offer itself.
60. Subsection (4) states that the information to be published is to be known as the local authority’s "local offer for care leavers". Subsection (5) requires a local authority to keep its local offer under review, and update it from time to time. Before publishing its local offer, or any updated version of it, under subsection (6) a local authority has to consult persons who appear to it to be representative of care leavers in its area, about which local authority services may assist care leavers in, or in preparing for, adulthood and independent living.
61. Subsection (7) defines "care leavers" by reference to the the Children Act 1989 definitions as either ‘eligible children’, ‘relevant children’, ‘persons under 25 who are ‘former relevant children’ and those who qualify for advice and assistance under section 24 of the Children Act 1989.

Section 3: Advice and support on request

62. This section extends existing duties which a local authority has under section 23CA of the Children Act 1989 towards former relevant children (as defined by section 23C of the Children Act 1989) aged between 21 to 25 years and who have informed the local authority that they are pursuing or wish to pursue a course of education or training.
63. This section inserts a new section 23CZB into the Children Act 1989. which imposes a new set of duties on a local authority where a former relevant child requests advice and support, regardless of whether that young person intends to pursue a course of education and training. Subsection (3) of 23CZB provides that the first duty is for the local authority to appoint a personal adviser for the child if he or she requests help until such time as he or she reaches the age of 25 or informs the local authority that a personal adviser is no longer required.
64. Subsection (4) of 23CZB requires the local authority to carry out an assessment of the young person’s needs and to prepare a pathway plan for them. Subsection (5) of 23CZB defines an assessment of needs under subsection (4) as an assessment to determinewhether any services offered by the authority may help to meet the young person’s needs, and what advice and support it would be appropriate for the responsible local authority to provide to help the young person obtain those services.
65. Subsection (6) of 23CZB places a duty on the responsible local authority to provide the former relevant child with any advice and support that the assessment identified as appropriate.
66. Subsection (7) of 23CZB provides that a local authority must offer to provide a former relevant child with advice and support if they are not already receiving it, as soon as possible after they reach the age of 21, and at least once every 12 months thereafter.
67. Subsection (8) of 23CZB defines the term "former relevant child".
68. Subsection (3) of section 3 revises wording within section 23CA of the Children Act 1989 (which provides for a personal adviser where a young person is pursuing education and training) so that it is consistent with the wording around provision of a personal adviser within this Act.
69. Subsection (4) of section 3 addresses the scenario in which a young person is entitled to a personal adviser under another provision in the Children Act 1989 and/or new section 23CZB. The subsection confirms that a local authority may discharge concurrent duties by appointing a single personal adviser. In addition a duty to appoint or maintain the appointment of a personal adviser under one of the sections in the Children Act 1989, is not affected if the duty has ceased under another section of that Act.
70. Subsections (5) to (10) of section 3 make necessary amendments to section 23E of the Children Act 1989 (which describe what pathway plans and assessments of needs involve) as a result of the new duties imposed by this section.

Section 4: Duty of local authority in relation to previously looked after children

71. This section adds a new section 23ZZA into the Children Act 1989. Subsections (1) and (2) place a duty on local authorities in England to make advice and information available to those with parental responsibility, designated teachers in maintained schools and academies, and any other person the authority considers appropriate, for the purpose of promoting the educational achievement of relevant children. Subsection (6) defines relevant children as children who are no longer looked after by a local authority as a result of (as defined by the Children Act 1989), an adoption order, a special guardianship order or child arrangements order, and children who appear to the local authority to have been adopted from state care outside England and Wales.
72. Subsection (3) also enables a local authority in England to do anything else which it considers appropriate with a view to promoting the educational achievement of relevant children in its area.
73. Subsections (4) and (5) require the local authority to appoint an officer employed by them or another authority to discharge the duty to provide advice and information in subsections (1) and (2).
74. Subsection (7) makes clear that duty will fall on the local authority responsible for the area where the child is receiving free early years provision, where they are attending school or where they are accessing alternative educational provision.

Section 5: Maintained schools: staff member for previously looked after children

75. 76 This section adds a new section 20A to the Children and Young Persons Act 2008. Subsection (1) places a duty on the governing body of a maintained school in England to designate a member of staff at the school to have responsibility for promoting the educational achievement of certain previously looked after pupils. Under subsection (2), the ‘relevant pupils’ for whom the designated staff member will have responsibility are those who are no longer looked after as a result of an adoption order, a special guardianship or child arrangements order, and children who appear to the governing body to have been adopted from state care outside England and Wales.
76. Subsection (3) gives the Secretary of State the power to make regulations to prescribe the necessary qualifications or experience of the designated member of staff.
77. Subsection (4) requires the governing body to have regard to any guidance issued by the Secretary of State.
78. Subsection (5) defines "looked after" and subsection (6) defines the meanings of "maintained school" and "registered pupil"

Section 6: Academies: staff member for looked after and previously looked after pupils

79. This section inserts a new section 2E into the Academies Act 2010. Together, subsections (1) and (2) of 2E impose provision in all existing and new academy agreements which requires the proprietor of an academy to designate a member of staff (‘the designated person’) to have responsibility for promoting the educational achievement of ‘relevant pupils’, and to ensure the designated person undertakes training and has regard to any guidance issued by the Secretary of State.
80. Subsection (3) gives the Secretary of State the power to make regulations to require an academy agreement to prescribe the necessary qualifications or experience of the designated person and to require the designated person to have regard to guidance issued by the Secretary of State in relation to such qualifications and experience. Subsection (6) stipulates that any regulations which modify existing academy agreements so as to prescribe qualifications or experience will be subject to the affirmative procedure.
81. ‘A relevant pupil’ is defined in subsection (4) as a registered pupil at the Academy or, in respect of a 16 to 19 Academy, a person receiving education there, and who is looked after by the local authority (as defined by the Children Act 1989) or who is no longer looked after as a result of an adoption order, a special guardianship order or child arrangements order, and children who appear to the proprietor to have been adopted from state care outside England and Wales. Subsection (5) confirms that the term "looked after" has the same meaning as it does in the Children Act 1989.

Section 7: Maintained schools guidance for staff member for looked after pupils

82. This section amends section 20 of the Children and Young Persons Act 2008 to require the governing body of a maintained school in England to ensure that the designated teacher for looked after pupils has regard to any guidance issued by the Secretary of State. Previously, section 20 of the 2008 Act required only the governing body to have regard to such guidance.

Section 8: Care orders: permanence provisions

83. This section amends the definition of ‘permanence provisions’ as it appears in section 31 of the Children Act 1989. In addition to considering the matters currently included in section 31(3B) of that Act, the courts will also be required to consider such provisions of the child’s care plan that set out: (i) the impact on the child concerned of any harm they have suffered (or were likely to have suffered); (ii) the child’s current and future needs (including needs arising from that impact) ; and (iii) the way in which the long-term plan for the child's upbringing would meet those current and future needs.
84. A requirement for local authorities to provide for the matters mentioned in (i) to (iii) above as part of the child’s care plan will be set out in the regulations made under section 31A of the Children Act 1989.

Section 9: Adoption: duty to have regard to relationship with adopters

85. This section amends the Adoption and Children Act 2002 so that courts and adoption agencies, when coming to a decision relating to the adoption of a child, always consider the child’s relationship with their prospective adopters, if the child has been placed with prospective adopters.

Section 10: Placing children in secure accommodation elsewhere in Great Britain

86. This section introduces Schedule 1, which amends legislation to allow local authorities in England and Wales to place children in secure accommodation in Scotland, and clarifies the existing provision for placement by local authorities in Scotland of children in secure accommodation in England and Wales.

Section 11: Chapter 1: consequential amendments

87. This section introduces changes to other legislation, consequential on the contents of Chapter 1 of the Act, included in Schedule 2.

Chapter 2: Safeguarding of children

Section 12: Child Safeguarding Practice Review Panel

88. This section adds a new section 16A into the Children Act 2004. References to subsections below are to subsections in that new section.
89. Subsection (1) imposes a duty on the Secretary of State to establish a Child Safeguarding Practice Review Panel.
90. Subsection (2) allows the Secretary of State the discretion to make any arrangements that she considers appropriate for the establishment of the Panel. Further details are set out in subsection (6).
91. Subsection (3) gives the Secretary of State the power to appoint members of the Panel including a chairperson. Subsection (4) allows the Secretary of State to set a particular appointment period should she choose to do so for the Panel members. Subsection (5) gives the Secretary of State the power to remove the chair or member appointed if she is satisfied that they have become unfit or unable to discharge their functions or have behaved in a way not compatible with continuing in office.
92. Subsection (7) enables the Secretary of State to provide staff, facilities or other assistance to the Panel.
93. Subsection (8) gives the Secretary of State the discretion to pay the chair and members of the Panel or to pay expenses.

Section 13: Functions of the Panel

94. This section adds a new section 16B into the Children Act 2004. References to subsections below are to subsections in that new section.
95. Subsection (1) sets out the functions of the new Child Safeguarding Practice Review Panel. These are, in accordance with regulations made by the Secretary of State:
    1. to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and
    2. where it considers appropriate, to arrange for such cases to be reviewed under their supervision.
96. Subsection (2) explains that the purpose of these reviews is to identify what improvements should be made by safeguarding partners or others to safeguard and promote the welfare of children.
97. Subsection (3) specifies the actions the Panel must take when they arrange for a case to be reviewed under their supervision. These are:
    1. to ensure the reviewer provides a report on the outcome of the review;
    2. to ensure that the reviewer (i) makes satisfactory progress and (ii) that the report is of satisfactory quality.
    3. to provide the report to the Secretary of State.
98. Subsection (4) specifies that the Panel must publish the report, unless they consider it inappropriate to do so.
99. Subsection (5) states that if 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.
100. Subsection (6) allows the Secretary of State to make regulations about various matters relating to the functions of the Panel. These may include:
     1. the criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance;
     2. eligibility for appointment as a reviewer;
     3. the selection process for the appointment as a reviewer;
     4. the person who is to select a reviewer;
     5. the supervisory powers of the Panel in relation to a reviewer;
     6. removal of a reviewer;
     7. payments of remuneration or expenses to a reviewer by the Secretary of State;
     8. the procedure for a review;
     9. the form and content of a report;
     10. the time when a report is to be provided to the Secretary of State or published.
101. Subsection (7) specifies that the Panel must have regard to any guidance given by the Secretary of State in connection with its functions.
102. Subsection (8) states that guidance given by the Secretary of State may include guidance about circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed, matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.
103. Subsection (9) states a ‘reviewer’ can be one or more persons who are appointed to review a case under the supervision of the Panel. This subsection also defines what is meant by ‘safeguarding partners’, ‘serious child safeguarding cases’ and the term ‘serious harm’.

Section 14: Events to be notified to the Panel

104. This section adds a new section 16C into the Children Act 2004. References to subsections below are to subsections in that new section.
105. Subsection (1) requires local authorities in England to notify the Child Safeguarding Practice Review Panel of certain events relating to children which occur in their area. These events relate to circumstances where a local authority in England knows or suspects that a child has been abused or neglected, and the child:
     1. dies or is seriously harmed in the local authority’s area, or
     2. dies or is seriously harmed outside England but while normally resident in the local authority’s area.
106. Subsection (2) sets out the requirement for a Local Authority in England to have regard to any guidance issued by the Secretary of State in connection with its functions under this section.
107. Subsection (3) defines what is meant by ‘serious harm’ for the purposes of this section.

Section 15: Information

108. This section adds a new section 16D into the Children Act 2004. References to subsections below are to subsections in that new section.
109. The section sets out the requirement on persons or bodies to supply information to the Child Safeguarding Practice Review Panel on request.
110. Subsection (1) specifies that the Panel can request that information is supplied to the Panel, a reviewer or another person or body specified in the request, for the purpose of enabling or assisting the Panel with the performance of a function conferred by 16B.
111. Subsection (2) states that a person or body requested to provide information under this section must comply with the request.
112. Subsection (3) allows the Panel to apply for a High Court or county court injunction to enforce the request for information, where the recipient of the request does not comply with the request.
113. Subsection (4) sets out that the information may be used by the Panel, reviewer or other person or body to whom it is provided, only for the purpose of enabling or assisting the Panel to perform its functions.
114. Subsection (5) specifies the meaning of the term ‘reviewer’ in this section.

Section 16: Local arrangements for safeguarding and promoting welfare of children

115. This section adds a new section 16E into the Children Act 2004. References to subsections below are to subsections in that new section.
116. Subsection (1) requires safeguarding partners for a local authority area to make arrangements for themselves and relevant agencies they consider appropriate to work together in exercising their functions, so far as those functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area.
117. Subsection (2) requires those arrangements to include arrangements for safeguarding partners to work together to identify and respond to the needs of children in the area.
118. Subsection (3) includes two definitions:
     1. ‘relevant agency’, in relation to a local authority area in England, is a person who is specified in regulations made by the Secretary of State and who exercises functions in relation to children in the local authority area;
     2. ‘safeguarding partner’, in relation to a local authority area in England, is the local authority, a clinical commissioning group and the chief officer of police within the local authority area.

Section 17: Local child safeguarding practice reviews

119. This section adds a new section 16F into the Children Act 2004. References to subsections below are to subsections in that new section.
120. Subsection (1) sets out the requirement on local safeguarding partners to:
     1. identify serious child safeguarding cases which raise issues of importance to the area, and
     2. where they consider it appropriate, to arrange for those cases to be reviewed under their supervision.
121. Subsection (2) explains that the purpose of such reviews is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.
122. Subsection (3) specifies the actions the safeguarding partners must take when they arrange for a case to be carried out under their supervision. These are to:
     1. ensure that the reviewer provides a report on the outcome of the review;
     2. ensure that the reviewer (i) makes satisfactory progress and (ii) that the report is of satisfactory quality;
     3. provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.
123. Subsection (4) specifies that the safeguarding partners must publish the report, unless they consider it inappropriate to do so.
124. Subsection (5) specifies that if 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.
125. Subsection (6) allows the Secretary of State to make regulations about various issues relating to local child safeguarding practice reviews. These may include:
     1. the criteria to be taken into account by the safeguarding partners in determining which serious child safeguarding cases raise issues of importance in relation to the area;
     2. the 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;
     3. the time when a report should be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;
     4. the procedure for a review;
     5. the form and content of a report.
126. Subsection (7) specifies the meaning of the term ‘reviewer’ in this section.

Section 18: Further provision about arrangements

127. This section adds a new section 16G into the Children Act 2004. References to subsections below are to subsections in that new section.
128. Subsection (1) states that the provisions in section 16G apply to the arrangements set out in sections 16E and 16F.
129. Subsection (2) requires the safeguarding partners to publish the arrangements they make under sections 16E and 16F.
130. Subsection (3) requires the published arrangements to include provision for scrutiny by an independent person of the effectiveness of the arrangements.
131. Subsection (4) requires the safeguarding partners and relevant agencies to act in accordance with the arrangements.
132. Subsection (6) enables the Secretary of State to make regulations which provide for enforcement of the duty to act in accordance with the arrangements, if the Secretary of State considers that no other appropriate means of enforcement is appropriate. These regulations may not create criminal offences. Subsection (5) sets out that these regulations apply where a person is specified as a "relevant agency" in regulations made under section 16E(3), inserted by section 16 of this Act.
133. Subsection (7) requires the safeguarding partners to prepare and publish, at least once in every 12 month period, a report on the work that they and the relevant agencies for the local authority area have done as a result of the arrangements and how effective the arrangements have been in practice.

Section 19: Information

134. This section adds a new section 16H into the Children Act 2004. References to subsections below are to subsections in that new section.
135. The section sets out the requirement on persons or bodies to supply information to the safeguarding partners on request.
136. Subsection (1) specifies that the safeguarding partners can request that information is supplied to the safeguarding partners, relevant agencies, a reviewer or another person or body specified in the request, for the purpose of enabling or assisting the performance of the functions set out in sections 16E and 16F.
137. Subsection (2) states that a person or body requested to provide information under this section must comply with the request.
138. Subsection (3) allows the safeguarding partner that made the request for information to apply for a High Court or county court injunction to enforce the request for information where the recipient of the request does not provide comply with the request.
139. Subsection (4) sets out that the information may be used by the person to whom it is provided, only for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F.

Section 20: Funding

140. This section adds a new section 16I into the Children Act 2004. References to subsections below are to subsections in that new section.
141. Subsection (1) allows the safeguarding partners for a local authority area in England to make payments either directly, or by contributing to a fund from which payments may be made, towards expenditure incurred in connection with the arrangements made under sections 16E and 16F.
142. Subsection (2) allows payments including remuneration, allowances or expenses to be made by the safeguarding partners to a reviewer or independent person.
143. Subsection (3) allows the safeguarding partners to provide resources to any person for the purposes connected with the arrangements under section 16E or 16F. These resources may include (but are not limited to) staff, goods, services and accommodation.
144. Subsection (4) allows the relevant agencies for a local authority area in England to make payments either directly, or by contributing to a fund from which payments can be made, towards expenditure incurred in connection with arrangements made under section 16E.
145. Subsection (5) specifies that the ‘independent person’ in this section means the same as mentioned in section 16G(3).

Section 21: Combining safeguarding partner areas and delegating functions

146. This section adds a new section 16J into the Children Act 2004. References to subsections below are to subsections in that new section.
147. Subsection (1) enables the safeguarding partners for two or more local authority areas in England to agree that their areas are treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section.
148. Subsection (2) provides that references in sections 16E to 16I and subsections (3) to (5) of this section to a ‘local authority area’ are to be read in accordance with any such agreement under subsection (1) of this section.
149. Subsection (3) provides that where safeguarding partners for two or more local authority areas have agreed 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, those authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
150. Subsection (4) allows clinical commissioning groups, where one clinical commissioning group is a safeguarding partner for the same local authority area as another clinical commissioning group, to arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
151. Subsection (5) allows chief officers of police, where one chief officer is a safeguarding partner for the same local authority area as another chief officer, to arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.

Section 22: Guidance by the Secretary of State

152. This section adds a new section 16K into the Children Act 2004. References to subsections below are to subsections in that new section.
153. Subsection (1) specifies that 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 under sections 16E to 16J.
154. Subsection (2) states that guidance given by the Secretary of State in respect of functions conferred by 16F (local child safeguarding practice reviews) may include guidance about circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed and matters to be taken into account in deciding whether a review is making satisfactory progress, or whether a report is of satisfactory quality.

Section 23: Interpretation

155. This section adds a new section 16L into the Children Act 2004. Section 16L sets out a ‘reviewer’, ‘safeguarding partner’, ‘serious child safeguarding cases’ and ‘relevant agency’ as having the meanings given by section 16F(7), 16E(3), 16B(9) and 16E(3) respectively.

Section 24: Child death reviews

156. This section adds a new section 16M into the Children Act 2004. References to subsections below are to subsections in that new section.
157. Subsection (1) sets out the requirement on child death review partners for a local authority area in England to make arrangements for the review of each death of a child normally resident in the area.
158. Subsection (2) allows the child death review partners, if they consider it appropriate, to make arrangements for the review of a death in their area of a child not normally resident there.
159. Subsection (3) provides for the partners to make arrangements for the analysis of information about deaths reviewed under section 16M.
160. Subsection (4) explains that the purpose a review or the analysis is:
     1. to identify any matters relating to the death or deaths generally, that are relevant to the welfare of children in the area or to public health and safety; and
     2. to consider whether it would be appropriate for anyone to take action in relation to any matters identified.
161. Subsection (5) sets out the requirement on child death review partners, where they consider it would be appropriate for a person to take action mentioned in subsection 4(b), to inform that person.
162. Subsection (6) specifies that the child death review partners must, at such intervals as they consider appropriate, prepare and publish a report on:
     1. what they have done as a result of the arrangements under this section; and
     2. how effective the arrangements have been in practice.

Section 25: Information

163. This section adds a new section 16N into the Children Act 2004. References to subsections below are to subsections in that new section.
164. Subsection (1) specifies that any of the child death review partners in a local authority area in England can, for the purposes of enabling or assisting the performance of the child death review partner’s functions, request a person or body to provide information to:
     1. the child death review partner or any other child death review partner in the area; or
     2. another person or body.
165. Subsection (2) states that a person or body requested to provide information under this section must comply with the request.
166. Subsection (3) allows the child death review partner that made the request to apply for a High Court or county court injunction to enforce the request for information, where the recipient of the request does not comply with the request.
167. Subsection (4) sets out that the information may be used by the person or body to whom it is provided, only for the purpose mentioned in subsection (1).

Section 26: Funding

168. This section adds a new section 16O into the Children Act 2004. References to subsections below are to subsections in that new section.
169. Subsection (1) allows the child death review partners for a local authority area in England to make payments towards expenditure incurred in connection with the arrangements made under section 16M by:
     1. making payments directly, or
     2. contributing to a fund out of which payments may be made.
170. Subsection (2) allows the child death review partners to provide staff, goods, services, accommodation or other resources to any person for purposes connected with the child death review arrangements under section 16M.

Section 27: Combining child death review partner areas and delegating functions

171. This section adds a new section 16P into the Children Act 2004. References to subsections below are to subsections in that new section.
172. Subsection (1) enables the child death review partners for two or more local authority areas in England to agree that their areas are treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this new section 16P.
173. Subsection (2) provides that references in sections 16M to 16O and subsections (3) and (4) of this section to a ‘local authority area’ are to be read in accordance with any such agreement under subsection (1) of this new section 16P.
174. Subsection (3) provides that where child death review partners for two or more local authority areas have agreed their areas are to be treated as a single area for the purposes of sections 16M to 16Oand subsections (3) and (4) of this new section 16P, those authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
175. Subsection (4) allows clinical commissioning groups, where one clinical commissioning group is a safeguarding partner for the same local authority area as another clinical commissioning group, to arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.

Section 28: Guidance and interpretation

176. This section adds a new section 16Q into the Children Act 2004. References to subsections below are to subsections in that new section.
177. Subsection (1) specifies that 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 under sections 16M to 16P.
178. Subsection (2) states that in this new section 16Q, and in sections 16M to 16P, ‘child death review partners’ means:
     1. the local authority; and
     2. any clinical commissioning group for an area any part of which falls within the local authority area.

Section 29: Regulations under provisions inserted by sections 13, 16 and 17

179. This section amends section 66(3) of the Children Act 2004. It provides that regulations under section 16B of the 2004 Act, inserted by section 13 (Functions of the Panel) and under section 16E of the Act, inserted by section 16 (Local arrangements for safeguarding and promoting welfare of children) are to be made by the affirmative procedure. It also enables regulations made under section 16F of the Act, inserted by section 17 (Local child safeguarding practice reviews), to be made by the affirmative procedure, if made alongside regulations made under section 16B.

Section 30: Abolition of Local Safeguarding Children Boards

180. This section removes provisions in the Children Act 2004 relating to Local Safeguarding Children Boards which are replaced by the new safeguarding arrangements described above.

Section 31: Chapter2: consequential amendments

181. This section introduces changes to other legislation, consequential on the contents of Chapter 2 of the Act, included in Schedule 2.

Chapter 3: Other provision relating to children’s social care

Section 32: Pre-employment protection of whistle-blowers

182. This section amends Part 5A of the Employment Rights 1996 (‘the ERA’) (section 32(1)) and inserts new whistleblowing arrangements after section 49B (section 31(4)). The new section 49C gives the Secretary of State a power, through Regulations, to prohibit relevant employers (as defined in new section 49C(7)) in England, Scotland and Wales 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 (within the meaning given by section 43A of the Employment Rights Act 1996). Sections 49C(2) and 49C(3) respectively define the meaning of ‘position’ in a contractual context and in terms of the meaning of ‘children’s social care position’. Discrimination for the purposes of section 49C(1) is defined at section 49C(4). Section 49C(5) sets out what regulations may do and section 49C(6) clarifies that the application of section 236(5) of the ERA is not affected by section 49C(5)(f) regulations making incidental or consequential provision. Section 49C(8) defines local authority in England for these purposes and section 49C(9) defines ‘children’s social care functions’. Sections 49C(10) and 49C(11) respectively set out that the Secretary of State must consult Welsh and Scottish Ministers before making regulations under this section. Section 49C(12) defines the term ‘worker’ and the meaning of ‘worker of a relevant employer’ for the purposes of 49(5)(a).
183. For the purposes of this new section, an employer discriminates against an applicant if, because it appears to the employer that the applicant has made a protected disclosure, 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 in relation to the same contract.
184. In addition, the Secretary of State through such regulations may also confer jurisdiction (including exclusive jurisdiction) on employment tribunals or the Employment Appeal Tribunal, make provisions for the grant or enforcement of remedies specified by a court or tribunal, and make provision for the making of awards of compensation calculated in accordance with the regulations.
185. Sub-sections (5) and (6) are technical insertions in light of the new whistleblowing arrangements inserted by the new section 49C.

Section 33: Power to secure proper performance

186. This section enables the Secretary of State to intervene in a Combined Authority in England established under section 105 of the Local Democracy, Economic Development and Construction Act 2009, where children’s social care functions have been transferred from a local authority in England to that Combined Authority, and where such functions are not being performed to an adequate standard.
187. Subsection (1) extends, to Combined Authorities, the Secretary of State’s powers of intervention under section 497A of the Education Act 1996, so far as they relate to the functions specified in section 50 of the Children Act 2004. Subsection (2) extends, to Combined Authorities, the Secretary of State’s powers of intervention under section 497A of the Education Act 1996 so far as they relate to the functions specified in section 15 of the Childcare Act 2006.

Chapter 4: Relationships, sex and PSHE education

Section 34: Education relating to relationships and sex

188. This section places a duty on the Secretary of State to make regulations that require all schools in England to provide relationships education to pupils of compulsory school age receiving primary education and relationships and sex education to pupils receiving secondary education. The duty applies in relation to Academy schools and independent schools as well as maintained schools.
189. Subsection (2) sets out matters to be included in the regulations, including the provision of guidance.
190. Subsections (3) and (4) make further provision with respect to content of such regulations and guidance. In particular, subsection (3) specifies that guidance must be given with a view to ensuring that pupils learn about specified matters and that the education is appropriate having regard to age and religious background.
191. The subsection (1) duty to make provision by regulations may be discharged by making that provision by regulations under another Act (subsection (7)). Before making the regulations, the Secretary of State is under a duty to consult such persons as the Secretary of State considers appropriate (subsections (5) and (7)).
192. Subsection (6) provides that the regulations may amend any provision (including provision conferring powers) that is made by or under the legislation specified in that subsection.
193. Subsection (8) provides that the provision which could be made under the regulations by virtue of section 67 of the Act may include provision amending, repealing, or revoking any provision made by or under any Act or other instrument or document, whenever passed or made.
194. Subsection (6) lists the legislation that sets out the current duty for schools to provide sex education or, for those schools that are not under that duty, consists of the legislation which is most likely to be amended to include the new legislative requirements to be imposed by way of regulations made under sub-section (1).

Section 35: Other personal, social, health and economic education

195. This section provides a power for the Secretary of State to make regulations that would require all schools in England to provide personal, social, health and economic education to pupils of compulsory school age receiving primary and secondary education. The power could be exercised in relation to all schools, or just in relation to schools of a particular kind, for example Academy schools and maintained schools.
196. Subsection (2) sets out matters which may be included in the regulations.
197. The subsection (1) power to make provision by regulations could be discharged by making that provision by regulations under another Act (subsection (9)). Before making the regulations, the Secretary of State would be under a duty to consult such persons as the Secretary of State considers appropriate (subsections (3)) except to the extent that another power to make provision provides otherwise (subsection (9)).
198. Subsection (4) provides that the regulations could amend any provision (including provision conferring powers) that is made by or under the legislation specified in that subsection; and the provision which could be made under the regulations by virtue of section 67 of the Act may include provision amending, repealing, or revoking any provision made by or under any Act or other instrument or document, whenever passed or made (subsection (5)).
199. Subsection (9) would preserve existing powers to make provision for this education.

Part 2: Social workers etc in England

Section 36: Social Work England

200. Subsection (1) establishes a body corporate called Social Work England, and subsection (2) determines that Social Work England will be referred to as "the regulator" throughout Part 2 of the Act.
201. Subsection (3) signals that further provision about the regulator is made in Schedule 3.
202. Subsections (4) and (5) give the Secretary of State the power to make regulations to rename the regulator and allows for such regulations to include consequential amendments in relation to any name change.

Section 37: Over-arching objective

203. Subsection (1) of this section sets out that the overarching objective of the regulator in exercising its functions is the protection of the public.
204. Subsection (2) states that the pursuit by the regulator of its overarching objective involves the pursuit of three objectives: protecting, promoting and maintaining health, safety and well-being of the public; promoting and maintaining public confidence in social workers in England; and promoting and maintaining proper professional standards for social workers In England.

Section 38: Advisers

205. Sub-section (1) of this section enables the Secretary of State, through regulations, to permit or require Social Work England to appoint one or more individuals or panels of individuals to advise it on matters relating to its functions and to make provision in regulations regarding the functions of those so appointed.
206. Sub-sections (2) and (3) allow for regulations to make further provision in connection with such appointments, for example, provision for payments, staff, facilities or other assistance in respect of those appointed.

Section 39: Registration

207. Subsection (1) of this section requires Social Work England to keep a register of social workers in England. Subsection (2) provides that the Secretary to State may, through regulations, also require Social Work England to keep a register of those who are undertaking education or training in England to become social workers.
208. Subsection (3) provides that the Secretary of State, through regulations, may authorise Social Work England to appoint a member of staff as a registrar and make provision about the functions of the registrar. Subsection (3) also allows regulations to make other provision in connection with the keeping a register.
209. Subsection (4) provides a list of examples of provisions that may be included in regulations made under subsection (3), such as provision about who can be registered and stay registered; different categories of registration; suspension and removal from the register etc.

Section 40: Restrictions on Practice and Protected Titles

210. This section allows the Secretary of State to make regulations imposing prohibitions or restrictions in connection with the carrying out of social work in England; the use, in relation to social work in England, of titles or descriptions specified in the regulations; and the holding out of a person as being qualified to carry out social work in England. The provisions could enable the carrying out of social work functions to be restricted to qualified social workers.

Section 41: Professional Standards

211. Subsection (1) of this section requires the regulator to determine and publish professional standards for social workers in England.
212. Subsection (2) requires the regulator to determine and publish standards of conduct or ethics for registered students if it is required, by regulations made under section 33(2) described above, to keep a register of students.
213. Subsection (3) requires the regulator to consult with such persons it considers appropriate and obtain the Secretary of State’s approval for the standard being set, before determining standards under this section.
214. Subsection (4) provides that the Secretary of State, may by regulations, make provision about arrangements for assessing whether a person meets proficiency standards.
215. Subsection (5) provides that if the Secretary of State has made regulations relating to approved mental health professionals, under the regulation making power under section 48(1) described below, and has, therefore, amended section 114ZA of the Mental Health Act 1983, 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.

Section 42: Improvement Standards

216. Subsection (1) of this section allows the Secretary of State to determine and publish improvement standards for social workers in England. The Secretary of State is also able to carry out assessments of whether people meet these improvement standards. There is a power under subsection (2) for the Secretary of State to arrange for another person to do any or all of these things.
217. Subsection (3) requires the Secretary of State to consult with such persons as the Secretary of State considers appropriate before determining any improvement standards.
218. Subsection (4) explains that an improvement standard is a professional standard the attainment of which demonstrates particular expertise or specialisation.
219. Nothing in this section limits anything in section 41 (professional standards) (subsection (5)).

Section 43: Education and Training

220. Subsection (1) of this section requires the regulator, in relation to people who are or who wish to become social workers in England, to determine and publish standards of education or training.
221. Subsection (2) requires the regulator to consult with such persons it considers appropriate and obtain the Secretary of State’s approval for the standard being set, before determining standards under this section.
222. Subsections (3) and (4) enable the Secretary of State, by regulations, to make provision for the regulator to operate an approval scheme for: (a) courses of education or training for people who are or wish to become social workers in England; (b) qualifications for people who are or who wish to become social workers in England, and to make provision in connection with this scheme
223. Subsection (5) provides a list of the matters that regulations, made by the Secretary of State under subsection (3) and (4), may make provision for.
224. Subsection (6) relates to the appointment of people to carry out inspections under the approval scheme referred to at subsection (5) and allows regulations to make provisions for payments, staff, facilities or other assistance in respect of these people.

Section 44: Discipline and Fitness to Practise

225. Subsection (1) requires the regulator to make arrangements for protecting the public from social workers in England whose fitness to practise is impaired and to make arrangements for taking other disciplinary action against social workers in England.
226. Subsection (2) allows the Secretary of State to make regulations to require the regulator to make arrangement for taking disciplinary action against registered students. Subsection (3) enables the Secretary of State, by regulations, to make further provision about fitness to practise as a social worker in England, and discipline of social workers in England and registered students, and about the arrangements referred to at subsections (1) or (2).
227. Subsections (4) provides a list of the matters that regulations, made by the Secretary of State under subsection (3), may address including, for example, the circumstances in which a person’s fitness to practise is impaired or disciplinary action may be taken; the appointment of assessors, examiners or legal or other advisers; and temporary measures that may be taken against a person pending the outcome of an investigation. Subsection (5) relates to the appointment of people to carry out functions in relation to fitness to practise or discipline and allows for provisions that may be made about persons appointed under the regulations to include provision about payments, staff, facilities or other assistance in respect of these people.

Section 45: Offences

228. This section allows the Secretary of State, by regulations, to create offences in connection with registration in a register mentioned in section 39; prohibitions or restrictions imposed under section 40; failing to comply with a requirement to provide documents or other information or to attend and give evidence under regulations under sections 39 or 44; or providing false or misleading information or evidence in response to a requirement under regulations under sections 39 or 44.
229. The regulations under this section must provide for the offence to be triable on a summary basis only and the regulations may not provide for the offences to be punishable with imprisonment.

Section 46: Ensuring adequate provision of social work training

230. This section is intended to replace the functions of the Secretary of State under section 67 of the Care Standards Act 2000 in respect of social workers in England.
231. Subsection (1) provides power to the Secretary of State to take such steps as the Secretary of State considers appropriate (a) to ensure that adequate provision is made for social work training; and (b) to encourage individuals resident in England to undertake social work training.
232. Subsection (2) allows the power under subsection (1), in particular, to be used to provide financial or other assistance (subject to any conditions the Secretary of State considers appropriate): (a) for individuals resident in England to undertake social work training; (b) for organisations providing social work training.
233. Subsection (3) provides for functions of the Secretary of State under this section to be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
234. Subsection (4) provides for Part 2 of the Deregulation and Contracting out Act 1994 to have effect for the purpose of determining (a) the terms and effect of an authorisation under subsection (3) and (b) the 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, as if the authorisation were given by virtue of an order made under section 69 of the 1994 Act.
235. Subsection (5) defines "social work training" for the purposes of this section.

Section 47: Exercise by Special Health Authority of functions under section 46(1)(b)

236. This section is based on powers under section 67A of the Care Standards Act 2000.
237. Subsection (1) provides power to the Secretary of State to 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.
238. Subsection (2) provides for the National Health Service Act 2006 to have effect as if (a) any direction under subsection (1) were a direction under section 7 of the 2006 Act and (b) any functions exercisable by the Special Health Authority by virtue of a direction under subsection (1) were exercisable under section 7 of the 2006 Act.
239. Subsection (3) would ensure that directions under subsection (1) must be given by an instrument in writing and may be varied or revoked by subsequent directions.

Section 48: Approval of courses for approved mental health professionals

240. This section allows the Secretary of State, through regulations, to amend section 114ZA of the Mental Health Act 1983, which deals with the approval of courses for approved mental health professionals in England. Section 114ZA currently provides that the Health and Care Professions Council may approve courses for persons who are, or wish to become, approved to act as an Approved Mental Health Professional by a local authority in England, and requires the Health and Care Professions Council to publish a list of approved courses, and a list of courses that are no longer approved.
241. Subsection (1) allows regulations made under this section to amend section 114ZA to transfer the functions of the Health and Care Professions Council set out in that section to Social Work England and to give Social Work England the power to charge fees for approving courses under that section.
242. Subsection (2) allows regulations made under sub-section (1) to include further provision in connection with the approval of courses or the charging of fees under that section.
243. Subsection (3) provides a list of the matters, by way of example, that regulations, made by the Secretary of State under subsection (1), may address with regards to the approval of courses for approved mental health professionals.
244. Subsection (4) enables regulations to make provision for payments, staff, facilities or other assistance in respect of inspectors that may be appointed under regulations for the purposes of approval of courses.
245. Subsection (5) provides that if regulations made under this section give Social Work England the power to charge fees for the approval of courses, section 50(2) – (7) (Fees) is also to apply for the purposes of this section.

Section 49: Approval of courses for best interests assessors

246. This section amends Paragraph 130 of Schedule A1 to the Mental Capacity Act 2005 to allow training in connection with best interest assessments to be specified by Social Work England or the Secretary of State.
247. The amendment to Paragraph 130 will allow regulations made under Paragraph 129 of the Mental Capacity Act 2005, in relation to a person’s training in connection with best interest assessments, to include provision for particular training to be specified by Social Work England or the Secretary of State, otherwise than in the regulations. The regulations may also give Social Work England the power to charge a fee for specifying training, and if regulations do give a power to charge a fee, section 50(2) – (7) (Fees) is also to apply for the purposes of this section.

Section 50: Fees

248. Subsection (1) allows the Secretary of State, through regulations, to confer power on the regulator to charge fees in connection with: registration or continued registration in a register as mentioned in section 39; assessing whether a person meets a professional standard relating to proficiency as mentioned in section 41(4); approval or continued approval of an education or training course or qualification in accordance with a scheme mentioned in section 43.
249. Subsections (2) and (3) require the regulator to set the level of the fees in accordance with any provisions in the regulations; and to consult any persons it considers appropriate and to obtain the approval of the Secretary of State before determining the level of any fee.
250. Subsections (4) allows for regulations to authorise fees to be set at a level that exceeds the cost of the things in respect of which they are charged but subsection (5) states that regulations must requires the level of any fees to be set with a view to ensuring that, in so far as possible, the regulator’s income does not exceed its expenses.
251. Subsection (6) allows for regulations under this section to include provision about the collection and recovery of fees. Under subsection (7) regulations must require the regulator to pay any fee income to the Secretary of State unless the Secretary of State (with consent of the Treasury) directs otherwise.

Section 51: Grants

252. This section permits the Secretary of State to fund the regulator through making grant payments to it, which may be made subject to any conditions the Secretary of State considers appropriate.

Section 52: Information and advice

253. This section permits the regulator to publish or disclose information, or to give advice, about any matter relating to its functions.
254. Subsection (2) allows the Secretary of State, through regulations, to require Social Work England to publish or disclose information, or give advice, about any matter relating to its functions. Regulations may also make other provision to supplement subsection (1) of this section.

Section 53: Duty to co-operate

255. This section requires the regulator to co-operate where appropriate with the organisations listed in subsection (1) in the exercise of its functions. The Secretary of State may, by regulations, require the regulator to co-operate with others.

Section 54: Information for Secretary of State

256. This section requires the regulator to provide any information that the Secretary of State requests in relation to the exercise of its functions.

Section 55: Default powers

257. The provisions in this section enable the Secretary of State to take action by giving the regulator a remedial direction in the event that the regulator has defaulted in performing any of its functions and not remedied the default, or is likely to default in performing any function. Subsection (2) enables the Secretary of State to make further provision about remedial directions and how they are enforced, through regulations.
258. Subsection (3) provides a list of examples of the matters that regulations, made by the Secretary of State under subsection (2), may make provision for.

Section 56: Oversight by the Professional Standards Authority for Health and Social Care

259. This section makes provision for the Professional Standards Authority for Health and Social Care (the ‘PSA’) to oversee Social Work England by making amendments to existing legislation as set out in Schedule 4.

Section 57: Conferral of functions and sub-delegation

260. Subsection (1) allows regulations under Part 2 to confer functions on the regulator or a Minister of the Crown. Subsection (2) allows regulations under Part 2 to confer discretions on the same.
261. Subsection (3) enables regulations made under Part 2 to (a) confer power on the regulator to make rules and (b) make provision in relation to the procedure for making rules. This could include a requirement, in regulations, for the regulator to obtain the Secretary of State’s approval before making rules of a specified description.
262. Subsection (4) allows for provision that may be made in regulations under Part 2 under by virtue of section 67 to include provision amending, repealing or revoking any provision made by or under an Act or other instrument or documents, whenever passed or made.

Section 58: Consultation

263. Subsection (1) of this section requires the Secretary of State to carry out a public consultation in advance of making regulations under Part 2. Subsection (2) requires that, where the Secretary of State lays a draft of regulations (under this Part) before Parliament, it must be accompanied by a report (by the Secretary of State) about the consultation.
264. These requirements do not apply in two circumstances: with regards to regulations renaming Social Work England (section 36); and, if regulations amend other regulations and, in the opinion of the Secretary of State, do not make any substantial change.

Section 59: Parliamentary procedure for regulations under Part 2

265. Regulations made under section 36 are to be subject to the negative resolution procedure, but any other regulations under Part 2 are to be subject to the affirmative resolution procedure.

Section 60: Transfer Scheme

266. Subsection (1) provides power for the Secretary of State to make a scheme to transfer property, rights and liabilities from the Health and Care Professions Council (referred to as the ‘old regulator’) to Social Work England. This is called a ‘transfer scheme’.
267. Subsection (2) provides that the things that may be transferred under a transfer scheme include: (a) property, rights and liabilities that could not be transferred without the transfer scheme (b) property acquired and rights and liabilities arising after the scheme is made.
268. Subsection (3) enables a transfer scheme to make consequential, supplementary, incidental or transitional provision and allows for the transfer scheme to provide for other things as listed.
269. Subsection (4) allows a transfer scheme under this section to provide for modification to be made by agreement and for these modifications to have effect from the date the original scheme came into effect.
270. Subsection (5) explains the meaning of "TUPE regulations" as used in subsection (3)(f) of this section and subsection (6) clarifies that references in this section to (a) rights and liabilities include rights and liabilities relating to a contract of employment and (b) transfer of property include the grant of a lease

Section 61: Repeal of existing powers to regulate social workers

271. This section makes provision regarding the repeal of existing powers in the Health Act 1999 to regulate social workers.

Section 62: Amendments to do with this Part

272. This section introduces schedule 5 of the Act which consists of minor and consequential amendments relating to Part 2.

Section 63: Interpretation of Part 2

273. This section defines the following terms used in Part 2: "approved mental health professional"; "Minister of the Crown"; "professional standards"; "register"; "register of students"; "registered student"; "the regulator"; "social work in England"; and "social worker in England".

Section 64: Review by independent person

274. This section requires the Secretary of State to commission an independent person to review the operation of Part 2 of the Act during a specified review period and provide a report on the findings of the review to the Secretary of State.
275. Sub-section (2) requires the independent person, in carrying out the review, to consult with representatives of social workers in England and anyone else the person considers appropriate.
276. Sub-sections (3) and (4) require the Secretary of State, on receiving the report, to lay it and a response before Parliament.
277. Sub-section (5) specifies that the review period is five years beginning with the day on which section 39(1) comes fully into force.

Part 3: General

Section 65: Power to make transitional provision

278. This section allows the Secretary of State to make transitional etc. provision in connection with the commencement of any provisions of the Act.

Section 66: Power to make consequential provision

279. This section allows the Secretary of State to make regulations which make consequential amendments to other legislation (including primary legislation) which are necessary by virtue of any provision of this Act. Under subsections (3) and (4), where such regulations amend primary legislation, they will be subject to the affirmative resolution procedure. Any other consequential regulations will be subject to the negative resolution procedure.

Section 67: Regulations: general

280. This section provides that where regulations are made under this Act (apart from commencement regulations), those regulations may make consequential, supplementary, incidental, transitional or saving provision. Subsection (2) also allows regulations to make different provision for different purposes.

Section 68: Affirmative and negative resolution procedures

281. This section stipulates that where regulations under this Act are subject to the negative resolution procedure, they are subject to annulment in pursuance of a resolution of either House of Parliament, and that where regulations made under this Act are subject to the affirmative resolution procedure, a draft of the regulations must be laid before Parliament and approved by a resolution of each House of Parliament. Subsection (3) allows any provision which may be made in an instrument which is subject to the negative resolution procedure to be included in an instrument which is subject to the affirmative resolution procedure.

Section 69: Extent

282. Subsection (1) provides that section 10 and paragraphs 2, 4, 5 and 14 of Schedule 1 extend to England, Wales and Scotland. Subsection (4) provides that Part 3 of the Act extends to England, Wales, Scotland and Northern Ireland. Subsection (2) provides that an amendment or repeal made by the Act will have the same extent as the enactment which is amended or repealed. Apart from those matters, Subsection (3) provides that the other sections of the Act extend to England and Wales only.

Section 70: Commencement

283. This section provides that Section 10, Schedule 1 and Part 3 of the Act come into force on the day on which it is passed, and that the other provisions of the Act will come into force on such day or days as the Secretary of State may specify in regulations. Subsection (3) allows the Secretary of State to commence individual provisions on different days for different purposes.

Section 71: Short title

284. This section confirms the short title of the Act

Schedules

Schedule 1: Placing children in secure accommodation elsewhere in Great Britain

285. This schedule makes various amendments to legislation in relation to the placing of children in secure accommodation in Great Britain.
286. It amends section 25 of the Children Act 1989 so that it extends to Scotland and allows local authorities in England and Wales to place children in secure accommodation in Scotland. The amendment to section 25 also provides for the enforcement of secure accommodation orders made by the courts of England and Wales in Scotland as it provides authority for secure units in Scotland to restrict liberty under those orders.
287. The schedule makes consequential amendments to the Children (Secure Accommodation) Regulations 1991 which now extend to Scotland in part. The amendments extend to Scotland those provisions of the 1991 Regulations that relate to the maximum periods for which a child can be placed and kept in secure accommodation by English local authorities initially, and for which a local authority may thereafter be authorised to place a child by the courts.
288. The schedule also makes consequential amendments to the Secure Accommodation (Scotland) Regulations 2013. It disapplies regulation 5 of those regulations in respect of children placed in Scotland under section 25 of the 1989 Act to ensure that there is no substantive difference between the maximum periods provided for in that regulation and the equivalent period provided in the 1991 Regulations. An amendment is also made to regulation 15 of the 2013 Regulations to ensure that the Secretary of State or Welsh Ministers are entitled to relevant records relating to children placed in Scotland on request.
289. The schedule lastly makes clarificatory amendments to the Children’s Hearings Scotland Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 in order to make clear the basis on which local authorities in Scotland may place children in secure accommodation in England and Wales.

Schedule 2: Part 1 of this Act: consequential amendments

290. Paragraph 1 amends Schedule 1 to the Local Authority Social Services Act 1970 to include section 2 (local offer for care leavers) within the definition of ‘social services functions’ which is specified in that Act. Paragraphs 2 to 4 make further consequential amendments arising out of the new local offer requirement.
291. Paragraph 5 adds section 23CZB of the Children Act 1989 ( inserted by section 3 (advice and support) of this Act), to the list contained in Schedule 3 to Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible).
292. Paragraph 6 extends the apprenticeship offer contained in section 83A of the Apprenticeships, Skills, Children and Learning Act 2009 to persons covered by section 3 (advice and support).
293. Paragraph 7 amends the Local Authority Social Services Act 1970 to provide that the new local safeguarding and child death review arrangements are included in the definition of ‘social services functions’ which is specified in that Act.
294. Paragraph 8 amends section 83 of the Children Act 1989, which concerns research and returns of information. In section 83(1), which covers powers of the Secretary of State to conduct or assist in conducting research, Local Safeguarding Children Boards are replaced by the Child Safeguarding Practice Review Panel, safeguarding partners and child death review partners. Further superseded references to Local Safeguarding Children Boards are also removed by this paragraph.
295. Paragraph 9 amends section 31 of the Children and Young Persons Act 2008, which concerns the supply of information concerning deaths of children. As a consequence of the new arrangements for child death reviews, it is necessary to make new provisions for the registrar of births and deaths in England to supply information of the deaths of all deceased under the age of 18 to the child death review partners. ‘Appropriate Boards’ are replaced by ‘appropriate bodies’ and arrangements for the supply of information concerning deaths of children in England are separated from the arrangements for the supply of information concerning deaths of children in Wales. This paragraph also defines child death review partners, and the definition of ‘Local Safeguarding Children Board in England’ is removed.

Schedule 3: Social Work England

296. This schedule includes provisions relating to the governance of the regulator including powers to appoint members and staff, powers for the regulator to delegate functions and requirements as to annual reports and accounts. Specifically the schedule provides for the following:
     1. that the regulator is not to be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown and that members and staff of the regulator are not to be regarded as Crown servants;
     2. that the regulator is to consist of a Chair appointed by the Secretary of State and such other members as the Secretary of State may appoint;
     3. the details about terms of office, remuneration and pensions of members;
     4. that the regulator must appoint a chief executive who must be approved by the Secretary of State and who is to be an employee of the regulator. The Secretary of State may appoint the first chief executive;
     5. that the regulator may appoint other staff on such terms, including in relation to remuneration and pension arrangements, as the regulator may decide (but the regulator must obtain Secretary of State approval for any terms relating to remuneration or pension arrangements);
     6. that the regulator may determine its own procedure including quorum and that no proceeding is invalidated by a vacancy in the office of chair or a defect in the appointment of any member;
     7. that the regulator may delegate functions to members, members of staff or committees and that it may delegate functions to any other person if it considers that the delegation is likely to lead to an improvement in the exercise of its functions and the person has agreed to the delegation (but the functions that may be so delegated do not include any power or duty to make rules or the powers of delegation so conferred). The responsibility for the exercise of the function will remain with the regulator;
     8. that committees or sub-committees of the regulator may include persons who are not members of the regulator;
     9. that the regulator must send the Secretary of State a report on the exercise of its functions during the year as soon as possible after the end of each financial year. It must prepare a statement of accounts for each financial year which must be in such form as the Secretary of State may direct and the regulator must send a copy of this statement to the Secretary of State and the Comptroller and Auditor General, within the tme period directed by the Secretary of State. The Comptroller and Auditor General must examine, certify and report on the statement of accounts and send a copy of the certified statement and of the report to the Secretary of State as soon as possible. The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of the annual report provided to the Secretary of State by the regulator and the certified statement of accounts and report sent by the Comptroller and Auditor General;
     10. that the application of the regulator’s seal must be authenticated by the signature of a member of the regulator or an authorised person. A document purporting to be duly executed under the seal of the regulator is to be received in evidence and is to be treated as so executed unless the contrary is shown;
     11. that all members of the regulator will be disqualified from membership of the House of Commons (through insertion of a reference to Social Work England into Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 at the appropriate place); and
     12. that the regulator will be a public authority for the purposes of the Freedom of Information Act 2000 (through insertion of a reference to Social Work England into Part 6 of Schedule 1 to that Act at the appropriate place).

Schedule 4: Oversight by the Professional Standards Authority for Health and Social Care

297. Schedule 4 provides for the National Health Service Reform and Health Care Professions Act 2002 (‘the 2002 Act’) to be amended to give the Professional Standards Authority for Health and Social Care (‘the PSA’) functions in respect of Social Work England, as the PSA has for other health and social care regulators. The amendments to the 2002 Act are as follows:
     1. Paragraph 2 adds Social Work England to the list of regulatory bodies under section 25(3) of the 2002 Act. The PSA has general functions listed under section 25(2) of the 2002 Act. By virtue of Social Work England being made a ‘regulatory body’ under section 25(3), these general functions will now apply with regards to Social Work England, as will other functions provided for in Part 2 of the 2002 Act, other than those which are specifically excluded further to amendments made under this Schedule.
     2. Paragraph 2 also amends subsections (3A) and (3B) of section 25 of the 2002 Act. These provisions were inserted into the 2002 Act by section 220 of the Health and Social Care Act 2012 as part of a number of amendments to various Acts to exclude social workers and social care workers in England from the definition of ‘registered health care professional’ and similar terms. This was in order to avoid the unintended consequence of social workers and social care workers in England falling within such definitions by virtue of them falling to be regulated by the HCPC. The amendments in paragraph 2 seek to maintain this position; to ensure that references in legislation to a regulatory body mentioned in section 25(3) of the 2002 Act do not generally include a reference to Social Work England or a reference to the HCPC or a regulatory body within section 25(3)(j) so far as it has functions relating to social care workers in England.
     3. Paragraph 3 amends section 25A of the 2002 Act, which requires the Privy Council, by regulations, to require each regulatory body listed in section 25(3) of the 2002 Act to pay the PSA periodic fees of such amount as the Privy Council determines in respect of such of the PSA’s functions in relation to that body as are specified in the regulations. Paragraph 3 excludes Social Work England from the regulatory bodies to be captured by these regulations. Paragraph 3 also amends the heading of section 25A to specify that section 25A concerns ‘funding of the Authority by bodies other than Social Work England’.
     4. Paragraph 4 provides for new section 25AA to be inserted into the 2002 Act, after section 25A. New section 25AA will require the Secretary of State, by regulations, to require Social Work England to pay the PSA periodic fees, of such amount as determined by the Secretary of State, in respect of such of the PSA’s functions in relation to Social Work England as are specified in the regulations. The functions referred to do not include the PSA’s functions under Section 26A of the 2002 Act. Section 25AA requires that the regulations must provide for the method of determining the amount of a fee under the regulations and sets out further details regarding the fee setting process
     5. Paragraph 5 excludes Social Work England from section 25C of the 2002 Act, which provides, amongst other things, for the PSA to assist the Privy Council in the appointment of members of a regulatory body. As the Privy Council has no role in Social Work England, it is not necessary for this function to apply to Social Work England.
     6. Paragraphs 6 to 8 make amendments to sections 25D to 25F of the 2002 Act, which allow regulatory bodies to hold certain voluntary registers and require those bodies establishing such voluntary registers to make impact assessments and consult before doing so. It is not intended that Social Work England should hold voluntary registers. The amendments at paragraphs 6 to 8 serve to exclude Social Work England from these provisions and to make consequential amendments in relation to this.
     7. Paragraphs 9 to 11 make amendments to sections 25G to 25I of the 2002 Act, which provide for the PSA to accredit voluntary registers held by regulatory bodies and for the PSA to make an impact assessment and consult before accrediting such registers. As is not intended that Social Work England should hold voluntary registers, this function is not applicable and these paragraphs make the necessary amendments to exclude Social Work England from this function.
     8. Paragraph 12 amends section 26A(1D) and (1E) of the 2002 Act. Under subsection (1C) of this provision, the Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the PSA for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D). Paragraph 12(2) omits paragraph (b) from subsection (1D), since the reference to voluntary registers for those who are or have been participating in studies for the purpose of becoming a member of the social work profession in England in section 25G is omitted by the amendment made under paragraph 6(3) of this schedule. Paragraph 12(3) makes an amendment to subsection (1E) as a consequence of the amendment to subsection (1D).
     9. Paragraph 13 excludes Social Work England from the PSA’s power under section 27(2) of the 2002 Act to direct a regulatory body to make rules. As Social Work England is a non-departmental public body for which the Secretary of State is accountable to Parliament, it would not be appropriate for the PSA to have this power of direction. This does not prevent the PSA making recommendations to the Secretary of State regarding Social Work England under its other powers.
     10. Paragraph 14 amends section 28(1) of the 2002 Act. The Privy Council may make provision in regulations, by virtue of section 28(1), about the investigation by the PSA of complaints made to it about the way in which a regulatory body has exercised any of its functions. Paragraph 14 excludes Social Work England from the regulatory bodies referred to in section 28(1) of the 2002 Act such that the Privy Council may not make regulations about the investigation by the PSA of complaints made to it about the way in which Social Work England has exercised its functions.
     11. Paragraph 15 adds new subsection 2A to section 29 of the 2002 Act. Under section 29, the PSA has the power to refer a case, where a relevant decision is made, to the relevant court, if it considers that the decision is not sufficient (whether as to a finding or a penalty or both) for the protection of the public. Sections 29(1) and (2) set out what section 29 applies to and section 29(3) states that the things to which section 29 applies are ‘relevant decisions’. New subsection 2A indicates that section 29 is also to apply to any steps or decisions which are taken by Social Work England (or any of its committees or officers) in connection with fitness to practise or discipline and which are of a description specified in regulations made by the Secretary of State – these will be ‘relevant decisions’. This amendment extends the PSA’s function of referring cases to the relevant court, where the relevant decision is considered not sufficient for public protection, to apply to relevant decisions made by Social Work England, as provided for under new subsection (2A). Paragraph 15 also clarifies that the relevant court in relation to a relevant decision as a result of subsection (2A) means the High Court of Justice in England and Wales.
     12. Paragraph 16 amends section 38 of the 2002 Act, to exclude regulations made under section 29(2A) from being subject to the negative resolution procedure and provides that they be made subject to the affirmative resolution procedure.

Schedule 5: Amendments to do with Part 2

298. Section 61 of the Act already makes provision regarding the repeal of existing powers (in section 60, section 60A and schedule 3 of the Health Act 1999) to regulate social workers. Paragraphs 10 - 27 of this schedule amend the Health and Social Work Professions Order 2001, made under section 60 of the Health Act 1999, to repeal relevant provisions relating to the regulation of social workers in England. Paragraph 45 of the new schedule changes the title of the Health and Social Work Professions Order 2001 to the Health Professions Order 2001. Paragraphs 46 to 48 make consequential changes to the legislation referred to in those paragraphs as a result.
299. As existing provisions relating to the regulation of social workers in the Health Act 1999 and the Health and Social Work Professions Order 2001 are to be repealed, consequential amendments are made by this schedule to various provisions of primary legislation, to reflect the transition that will occur from the current regulator to the new regulator. In some cases, reference to the new regulator and the new regulatory regime/new legislative framework are added to relevant legislation, either in addition to or instead of the current regulator - paragraphs 1, 4, 29, 32, 33 to 35 and 39 to 44 make such amendments. In other cases, amendments reflect that the current regulator will no longer regulate social workers (but retain the position for social workers under the relevant legislation) - paragraphs 2, 3, 5, 6, 30, 31and 36 make such amendments.
300. Paragraphs 7 to 9 amend sections 55 and 67 of the Care Standards Act 2000, in order to remove social workers in England from the scope of section 67. Section 46 of this Act is intended to replace the Secretary of State's powers under section 67 of the Care Standards Act 2000 in respect of social workers.
301. Paragraph 38 of this schedule repeals provisions of the Health and Social Care Act 2012 that amended legislation in 2012, as those amendments themselves will now be repealed by the amendments in this schedule.
302. Paragraphs 28 and 37 of this schedule would amend section 10 of the Adoption and Children Act 2002 and section 2 of the Children and Young Persons Act 2008, respectively. These paragraphs make amendments to these provisions for immediate purposes in order to ensure that references to a registered social worker include a social worker registered with the Health and Care Professions Council and would make amendments for future purposes to ensure that such references would in future include a social worker registered with Social Work England.