The Children and Families (Wales) Measure 2010 (Commencement No. 4) Order 2012

Explanatory Note

(This note is not part of the Order)

This Order brings into effect Part 3 of the Children and Families (Wales) Measure 2010 (“the 2010 Measure”) in relation to two further sets of local authority areas (with the exception of part of section 58(6)).

It also commences certain regulation making powers in relation to all parts of Wales where they are not already in force. Part 3 (except part of section 58(6)) has already been brought into force by the Children and Families (Wales) Measure 2010 (Commencement) Order 2010, but only in relation to specified local authority areas, namely Merthyr Tydfil, Newport, Rhondda Cynon Taff and Wrexham.

Article 2 of this Order commences the provisions in Schedule 1. The provisions give the Welsh Ministers power to make specific regulations to give effect to Part 3 of the Measure and are brought into force on the day after this Order is made. The effect of article 2 is to bring these powers into force in relation to areas in which the powers have not already been commenced.

Articles 3 and 4 commence the provisions listed in Schedule 2. The provisions are brought into force in relation to the local authority areas of Cardiff and the Vale of Glamorgan on 28 February 2012 and in relation to the local authority areas of Carmarthen, Ceredigion, Pembrokeshire and Powys on 31 March 2012. The provisions place a duty on local authorities to establish one or more integrated family support (“IFS”) teams in their area. A Local Health Board whose area corresponds to the area of a local authority must participate in the establishment of the team. Section 58 sets out the kinds of cases that can be referred to an IFS team and section 58(6) sets out categories of adults who may be subject to a family referral. Only paragraph (a) of section 58(6) is commenced, therefore an IFS team is only able to receive referrals in relation to families where a parent is dependent on alcohol or drugs. Sections 61 and 62 provide for the establishment of IFS boards to oversee the IFS teams.

Article 5 commences section 12 of the 2010 Measure on 31 January 2012. Section 12 concerns the participation of children in local authority decision making.