3Multi-agency child protection teams for local authority areas(1)

The Children Act 2004 is amended as follows.

(2)

After section 16E insert—

16EASection 16E arrangements: multi-agency child protection teams(1)

Arrangements made under section 16E by the safeguarding partners for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm).

(2)

The support referred to in subsection (1) includes—

(a)

the co-ordination of assistance for the local authority under section 47(9) of the Children Act 1989, and

(b)

support of any other kind prescribed by regulations made by the Secretary of State.

(3)

A multi-agency child protection team is to consist of—

(a)

at least one of each of the persons mentioned in subsection (4), and

(b)

such other persons as the local authority considers appropriate after consulting the other safeguarding partners.

(4)

The persons referred to in subsection (3)(a) are—

(a)

a person, nominated by the local authority, with experience in education in relation to children;

(b)

a social worker, nominated by the local authority, with experience in social work in relation to children;

(c)

a registered health professional, nominated by an integrated care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children;

(d)

a constable or relevant police employee who—

(i)

is nominated by the chief officer of police for a police area any part of which falls within the area of the local authority, and

(ii)

has experience in child protection.

(5)

A person may be nominated under a particular paragraph of subsection (4) only if the person satisfies any requirements prescribed by regulations made by the Secretary of State for the purposes of that paragraph.

(6)

The requirements that may be prescribed under subsection (5) include, in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children.

(7)

Before making regulations under subsection (2)(b) or (5), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(8)

In this section—

“registered health professional” means a person on the register of one or more of the following bodies—

(a)

the General Medical Council;

(b)

the Nursing and Midwifery Council;

(c)

the Health and Care Professions Council;

“relevant police employee” means—

(a)

a person (other than a constable) who is—

(i)

employed, or engaged to provide services, for the purposes of a body of constables, and

(ii)

under the direction and control of a person who has the direction and control of a body of constables, or

(b)

a person who is—

(i)

employed by the Common Council of the City of London in its capacity as a police authority, and

(ii)

under the direction and control of a chief officer of police;

“social worker” means a person registered as a social worker in the register kept under section 39(1) of the Children and Social Work Act 2017.

16EBMulti-agency child protection teams: co-operation(1)

If the conditions in subsection (2) are met, the safeguarding partners for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements.

(2)

The conditions are that—

(a)

the relevant agency is designated for the purposes of this section by regulations made by the Secretary of State;

(b)

the safeguarding partners have notified the relevant agency that it is required to work with the safeguarding partners in drawing up a memorandum under this section.

(3)

Before making regulations under subsection (2)(a), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(4)

In this section, “MACPT arrangements” means arrangements made by the safeguarding partners in accordance with section 16EA(1) for the establishment of a multi-agency child protection team.

(3)

In section 16G (further provision about arrangements)—

(a)

after subsection (4) insert—(4A)

Where a memorandum under section 16EB(1) has effect—

(a)

references in subsections (2) and (3) to arrangements under section 16E include references to the memorandum, and

(b)

the safeguarding partners and the relevant agency in question must act in accordance with the memorandum.

;

(b)

in subsection (6), after “subsection (4)” insert “or (4A)(b)”;

(c)

after subsection (7) insert—(8)

Where a memorandum under section 16EB(1) has effect, a report under subsection (7) must also include information about—

(a)

what the safeguarding partners and the relevant agency in question have done as a result of the memorandum, and

(b)

how effective the memorandum has been in practice.

(4)

In section 16J (combining safeguarding partner areas and delegating functions)—

(a)

in subsections (1) and (2), after “(5)” insert “and (6)(a) and (b)”;

(b)

after subsection (5) insert—(6)

Where an agreement under subsection (1) has effect—

(a)

the safeguarding partners for the local authority area must, in making MACPT arrangements for the area, ensure that any multi-agency child protection team established under the arrangements has enough people to operate effectively having regard to the size of the area to which the agreement relates and any other relevant factors,

(b)

section 16EA(3)(a) and (4)(a) and (b) has effect as if—

(i)

the reference to at least one person, nominated by the local authority, with experience in education in relation to children, and

(ii)

the reference to at least one social worker, nominated by the local authority, with experience in social work in relation to children,

were a reference to at least one such person or social worker for each of the local authorities which is a safeguarding partner for the local authority area, and

(c)

each such person or social worker is to act, for the purposes of the multi-agency child protection team to which they are nominated, only in relation to the area of the local authority which nominated them.

(7)

In this section—

“MACPT arrangements” has the same meaning as in section 16EB;

“social worker” has the meaning given by section 16EA(8).

(5)

In section 66(3) (instruments subject to affirmative procedure), after “16E(2A)(b) or (3)” (as inserted by section 2(5)) insert “, 16EA(2)(b) or (5), 16EB(2)(a)”.