(1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.
(2) Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him.
(3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.
(4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse . . . , he shall be guilty of an offence.
(5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Walesby the Assembly .
(6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.
(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person who wishes to be registered under this Part shall make an application to the Assembly .
(2) The application shall—
(a) give prescribed information about prescribed matters;
(b) give any other information which the Assembly reasonably requires the applicant to give.
(c) be accompanied by the prescribed fee.
(3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.
(4) Where the Assembly has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the Assembly .
(5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(1) If, on an application under section 79E by a person for registration for child minding—
(a) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Assembly shall grant the application; otherwise, it shall refuse it.
(2) If, on an application under section 79E by any person for registration for providing day care on any premises—
(a) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Assembly shall grant the application; otherwise, it shall refuse it.
(3) An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose.
(4) The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.
(5) Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.
(6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.
(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) the Assembly may cancel the registration of any person if—
(a) in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;
(b) in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,
or if a fee which is due from the person has not been paid.
(2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person . . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if—
(a) the time set for complying with the requirements has not expired; and
(b) it is shown that the defect or insufficiency is due to the changes or additions not having been made.
(3) Any cancellation under this section must be in writing.
(1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances.
(2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended.
(5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended.
(6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration.
(2) But a person may not give a notice under subsection (1)—
(a) if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or
(b) if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
(1) If, in the case of any person registered under this Part for acting as a child minder or providing day care—
(a) the Assembly applies to a justice of the peace for an order—
(i) cancelling the registration;
(ii) varying or removing any condition to which the registration is subject; or
(iii) imposing a new condition; and
(b) it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm,
the justice may make the order.
(2) The cancellation, variation, removal or imposition shall have effect from the time when the order is made.
(3) An application under subsection (1) may be made without notice.
(4) An order under subsection (1) shall be made in writing.
(5) Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order—
(a) a copy of the order;
(b) a copy of any written statement of the Assembly’s reasons for making the application for the order which supported that application; and
(c) notice of any right of appeal conferred by section 79M.
(6) Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.
(1) Not less than 14 days before—
(a) refusing an application for registration;
(b) cancelling a registration;
(c) removing or varying any condition to which a registration is subject or imposing a new condition; or
(d) refusing to grant an application for the removal or variation of any condition to which a registration is subject,
the Assembly shall send to the applicant, or (as the case may be) registered person, notice in writing of its intention to take the step in question.
(2) Every such notice shall—
(a) give the Assembly’s reasons for proposing to take the step; and
(b) inform the person concerned of his rights under this section.
(3) Where the recipient of such a notice informs the Assembly in writing of his desire to object to the step being taken, the Assembly shall afford him an opportunity to do so.
(4) Any objection made under subsection (3) may be made orally or in writing, by the recipient of the notice or a representative.
(5) If the Assembly , after giving the person concerned an opportunity to object to the step being taken, decides nevertheless to take it, it shall send him written notice of its decision.
(6) A step of a kind mentioned in subsection (1)(b) or (c) shall not take effect until the expiry of the time within which an appeal may be brought under section 79M or, where such an appeal is brought, before its determination.
(7) Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the Assembly in writing that he does not intend to appeal.
(1) An appeal against—
(a) the taking of any step mentioned in section 79L(1); . . .
(b) an order under section 79K, or
(c) a determination made by the Assembly under this Part (other than one falling within paragraph (a) or (b)) which is of a prescribed description,
shall lie to the First-tier Tribunal.
(2) On an appeal, the First-tier Tribunal may—
(a) confirm the taking of the step or the making of the order or determination or direct that it shall not have, or shall cease to have, effect; and
(b) impose, vary or cancel any condition.
(1) The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so.
(2) In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; . . .
(1) The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part.
(2) The Assembly may by regulations make provision—
(a) for the inspection of . . . child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales;
(b) for the publication of reports of the inspections in such manner as the Assembly considers appropriate.
(3) The regulations may provide for the inspections to be organised by—
(a) the Assembly; or
(b) Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly.
(4) The regulations may provide for subsections (2) to (4) of section 29 of the Education Act 2005 to apply with modifications in relation to the publication of reports under the regulations.
(1) Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in . . . Wales on which child minding or day care is at any time provided.
(2) Where a person who is authorised for the purposes of this subsection by the Assembly has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time.
(2A) Authorisation under subsection (1) or (2)—
(a) may be given for a particular occasion or period;
(b) may be given subject to conditions.
(3) A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))—
(a) inspect the premises;
(b) inspect, and take copies of—
(i) any records kept by the person providing the child minding or day care; and
(ii) any other documents containing information relating to its provision;
(c) seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
(d) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section;
(e) take measurements and photographs or make recordings;
(f) inspect any children being looked after there, and the arrangements made for their welfare;
(g) interview in private the person providing the child minding or day care; and
(h) interview in private any person looking after children, or living or working, there who consents to be interviewed.
(4) Section 58 of the Education Act 2005 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.
(7) It shall be an offence wilfully to obstruct a person exercising any such power.
(8) Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(9) In this section—
. . .
“documents” and “records” each include information recorded in any form.
Each local authority in Wales shall, in accordance with regulations, secure the provision—
(a) of information and advice about child minding and day care; and
(b) of training for persons who provide or assist in providing child minding or day care.
(1) This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the following conditions.
References in this section to children are to those under the age of 15 or (in the case of disabled children) 17.
(2) The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours.
(3) The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight.
(4) Regulations may require a person to whom this section applies to hold a certificate issued by the Assembly as to his suitability, and the suitability of each prescribed person, to look after children.
(5) The regulations may make provision about—
(a) applications for certificates;
(b) the matters to be taken into account by the Assembly in determining whether to issue certificates;
(c) the information to be contained in certificates;
(d) the period of their validity.
(6) The regulations may provide that a person to whom this section applies shall be guilty of an offence—
(a) if he does not hold a certificate as required by the regulations; or
(b) if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person.
(7) The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence.
(8) The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this section more than three years after the commission of the offence.
80 Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.
(1) The Appropriate National Authority may cause to be inspected from time to time any—
(a) private children’s home in England;
(b) premises in which a child who is being looked after by a local authority is living;
(c) premises in which a child who is being accommodated by or on behalf of a local authority in the exercise of education functions or a voluntary organisation is living;
(d) premises in which a child who is being accommodated by or on behalf of a Local Health Board, Special Health Authority ... , National Health Service trust or NHS foundation trust or pursuant to arrangements made by the Appropriate National Authority, NHS England or an integrated care board under the National Health Service Act 2006 is living;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live;
(h) premises on which any person is acting as a child minder;
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) care home in England or independent hospital used to accommodate children;
(k) premises which are provided by a local authority and in which any service is provided by that authority under Part III;
(l) school or college providing accommodation for any child;
(2) An inspection under this section shall be conducted by a person authorised to do so by the Appropriate National Authority.
(3) An officer of a local authority shall not be so authorised except with the consent of that authority.
(4) The Appropriate National Authority may require any person of a kind mentioned in subsection (5) to furnish it with such information, or allow it to inspect such records (in whatever form they are held), relating to—
(a) any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies;
(b) any child who is living in any such premises;
(c) the discharge by the Appropriate National Authority of any of its functions under this Act; or
(d) the discharge by any local authority of any of their functions under this Act,
as the Appropriate National Authority may at any time direct.
(5) The persons are any—
(a) local authority;
(b) voluntary organisation;
(c) person carrying on a private children’s home in England;
(d) proprietor of an independent school or governing body of any other school;
(da) governing body of an institution designated under section 28 of the Further and Higher Education Act 1992;
(db) further education corporation;
(dc) sixth form college corporation;
(dd) proprietor of a 16 to 19 Academy;
(e) person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority, ... Local Health Board, Special Health Authority ... National Health Service trust , NHS foundation trust or voluntary organisation;
(ea) person providing accommodation for a child pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by a local authority) at which a child is accommodated on behalf of a local authority . . . ;
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(hh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) person carrying on any home of a kind mentioned in subsection (1)(j).
(j) person carrying on a fostering agency.
(6) Any person inspecting any home or other premises under this section may—
(a) inspect the children there; and
(b) make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit.
(7) Any person authorised by the Appropriate National Authority to exercise the power to inspect records conferred by subsection (4)—
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used; or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such reasonable assistance as he may require.
(8) A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time.
(9) Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so.
(10) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11) The Appropriate National Authority may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order.
(11A) But subsections (1), (4) and (6) do not apply if—
(a) the Appropriate National Authority is the Welsh Ministers; and
(b) the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)).
(12) Without prejudice to section 104, any such order may make different provision with respect to each of those subsections.
(13) In this section—
“college” means an institution within the further education sector as defined in section 91 of the Further and Higher Education Act 1992 or a 16 to 19 Academy;
“fostering agency” has the same meaning as in the Care Standards Act 2000;
“further education corporation” has the same meaning as in the Further and Higher Education Act 1992.
“sixth form college corporation” has the same meaning as in that Act.
“proprietor” has the same meaning as in the Education Act 1996.
(14) In this section “Appropriate National Authority” means—
(a) in relation to England, the Secretary of State; and
(b) in relation to Wales, the Welsh Ministers.
(1) The Secretary of State may (with the consent of the Treasury) defray or contribute towards—
(a) any fees or expenses incurred by any person undergoing approved child care training;
(b) any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or
(c) the cost of maintaining any person undergoing such training.
(2) The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes.
(3) Where—
(a) a grant has been made under subsection (2) with respect to any secure accommodation; but
(b) the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation,
the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part.
(4) The Secretary of State may make grants to voluntary organisations towards—
(a) expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred—
(i) were assisted community homes; or
(ii) were designated as such; or
(b) expenses incurred in respect of the borrowing of money to defray any such expenditure.
(5) The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which—
(a) are or will be provided in those homes; and
(b) in the opinion of the Secretary of State, are unlikely to be readily available in community homes.
(6) In this Part—
“child care training” means training undergone by any person with a view to, or in the course of—
(a) his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a care home or independent hospital; or
(b) his employment by a voluntary organisation for similar purposes;
“approved child care training” means child care training which is approved by the Secretary of State; and
“secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.
(7) Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine.
(1) The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with—
(a) his functions, or the functions of local authorities, under the enactments mentioned in subsection (9);
(aa) the functions of—
(i) the Child Safeguarding Practice Review Panel;
(ii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England;
(iii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England;
(b) the adoption of children; or
(c) the accommodation of children in a care home or independent hospital.
(2) Any local authority may conduct, or assist other persons in conducting, research into any matter connected with—
(a) their functions under the enactments mentioned in subsection (9);
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the adoption of children; or
(c) the accommodation of children in a care home or independent hospital.
(3) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to—
(a) the performance by the local authority of all or any of their functions—
(i) under the enactments mentioned in subsection (9); or
(ii) in connection with the accommodation of children in a care home or independent hospital; and
(b) the children in relation to whom the authority have exercised those functions.;...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to children accommodated by them or on their behalf.
(4A) Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children.
(5) The Secretary of State may direct an officer of the family court to transmit—
(a) to such person as may be specified in the direction; and
(b) at such times and in such form as he may direct,
such particulars as he may require with respect to proceedings of the court which relate to children.
(6) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5).
(7) The Secretary of State may institute research designed to provide information on which requests for information under this section may be based.
(8) The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by—
(a) the Central Council for Education and Training in Social Work;
(b) such representatives of local authorities as appear to him to be appropriate; or
(c) such other persons or organisations as appear to him to be appropriate,
concerning the provision of such training.
(9) The enactments are—
(a) this Act;
(b) the Children and Young Persons Acts 1933 to 1969;
(c) section 116 of the Mental Health Act 1983 (so far as it relates to children looked after by local authorities);
(ca) Part 1 of the Adoption and Children Act 2002;
(cb) the Children Act 2004;
(cc) the Children and Young Persons Act 2008.
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Local authority failure to comply with statutory duty: default power of Secretary of State.
(1) If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty.
(2) An order under subsection (1) shall give the Secretary of State’s reasons for making it.
(3) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary.
(4) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus.
85 Children accommodated by health authorities and local education authorities.
(1) Where a child is provided with accommodation in England by any ..., Special Health Authority, ... National Health Service trust or NHS foundation trust or by a local authority in England in the exercise of education functions (“the accommodating authority”)—
(a) for a consecutive period of at least three months; or
(b) with the intention, on the part of that authority, of accommodating him for such a period,
the accommodating authority shall notify the appropriate officer of the responsible authority.
(2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the appropriate officer of the responsible authority when they cease to accommodate the child.
(2ZA) Where a child is provided with accommodation—
(a) by a body which is not mentioned in subsection (1), and
(b) pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006,
subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) the integrated care board as if it were the accommodating authority.
(2A) In a case where the child is provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority.
(3) In this section “the responsible authority” means—
(a) the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or
(b) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated.
(3A) In this section and sections 86 and 86A “ the appropriate officer ” means—
(a) in relation to a local authority in England, their director of children's services; and
(b) in relation to a local authority in Wales, their director of social services.
(4) Where the appropriate officer of a local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities), the local authority shall—
(a) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and
(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
(5) For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area.
86 Children accommodated in care homes or independent hospitals.
(1) Where a child is provided with accommodation in England in any care home or independent hospital—
(a) for a consecutive period of at least three months; or
(b) with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period,
the person carrying on the establishment in question shall notify the appropriate officer of the local authority within whose area the establishment is carried on.
(2) Where subsection (1) applies with respect to a child, the person carrying on the establishment shall also notify the appropriate officer of that authority when he ceases to accommodate the child in the establishment .
(3) Where the appropriate officer of a local authority has been notified under this section, the local authority shall—
(a) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in the establishment in question ; and
(b) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child.
(4) If the person carrying on any care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence.
(5) A person authorised by a local authority in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with.
(6) Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence.
(7) Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so.
(8) Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
86A Visitors for children notified to local authority ...
(1) This section applies if the appropriate officer of a local authority in England—
(a) has been notified with respect to a child under section 85(1) or 86(1) “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014; and
(b) has not been notified with respect to that child under section 85(2) , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be.
(2) The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”).
(3) It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3).
(4) Regulations under this section may make provision about—
(a) the frequency of visits under visiting arrangements;
(b) circumstances in which visiting arrangements must require a child to be visited; and
(c) additional functions of a representative.
(5) Regulations under this section are to be made by the Secretary of State ....
(6) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative.
(7) In this section “ visiting arrangements ” means arrangements made under subsection (2).
87 Welfare of children in boarding schools and colleges.
(1) Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare.
(1A) For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if—
(a) it provides accommodation for the child on its own premises, or
(b) it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).
(2) Subsection (1) does not apply in relation to a school or college which is a children’s home or care home.
(3) Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
(3A) Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3).
(3B) Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).
(4) Where the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in England, he shall—
(a) in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, notify the local authority for the area in which the school is situated;
(b) in the case of a special school which is maintained by a local authority, notify that authority;
(c) in any other case, notify the Secretary of State.
(4A) Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in Wales, they shall—
(a) in the case of a school other than an independent school or a special school, notify the local authority for the area in which the school is situated;
(b) in the case of a special school which is maintained by a local authority, notify that authority.
(5) Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college.
(6) Any person exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section.
(7) Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so.
(8) Any person authorised by the regulations to inspect records—
(a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and
(b) may require—
(i) the person by whom or on whose behalf the computer is or has been so used; or
(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford him such assistance as he may reasonably require.
(9) Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9A) Where the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college.
(9B) Where the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must—
(a) send a copy of the report to the school or college concerned; and
(b) make copies of the report available for inspection at its offices by any person at any reasonable time.
(9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate.
(10) In this section and sections 87A to 87D—
“ the 1992 Act ” means the Further and Higher Education Act 1992;
“ appropriate authority ” means—
in relation to England, the Chief Inspector for England;
in relation to Wales, the National Assembly for Wales;
“ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
“ college ” means an institution within the further education sector as defined in section 91 of the 1992 Act or a 16 to 19 Academy ;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ further education corporation ” has the same meaning as in the 1992 Act;
local authority and “proprietor” have the same meanings as in the Education Act 1996
“sixth form college corporation” has the same meaning as in the 1992 Act.
(11) In this section and sections 87A and 87D “ relevant person ” means—
(a) in relation to an independent school or an alternative provision Academy that is not an independent school, the proprietor of the school;
(b) in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution;
(c) in relation to an institution conducted by a further education corporation or sixth form college corporation, the corporation.
(d) in relation to a 16 to 19 Academy, the proprietor of the Academy.
(12) Where a person other than the proprietor of an independent school or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible.
(1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if—
(a) that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and
(b) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while accommodation for the children is provided by them.
(2) Where—
(a) the relevant person enters into an agreement in writing with a person appointed under subsection (1),
(b) the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and
(c) the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect,
the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended.
(3) Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive—
(a) a notice under subsection (4) relating to the inspector, or
(b) a notice under subsection (5) relating to the relevant agreement.
(4) The Secretary of State shall terminate a person’s appointment under subsection (1) if—
(a) that person so requests, or
(b) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection,
and shall give notice of the termination of that person’s appointment to the appropriate authority.
(4A) The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).
(5) Where—
(a) the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and
(b) the relevant agreement ceases to have effect,
the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect.
(6) In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended.
(1) The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit.
(2) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school or college to which the agreement relates, the inspector shall give notice of that fact
(a) in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, to the local authority for the area in which the school is situated;
(b) in the case of a special school which is maintained by a local authority, to that authority;
(c) in any other case, to the Secretary of State.
(3) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall—
(a) give notice of that fact to the local authority in whose area the school or college is situated, and
(b) where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school or college.
(4) In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended.
87BA Quality assurance of inspectors under section 87A
(1) The Secretary of State may require the Chief Inspector for England to prepare and send to the Secretary of State a report about—
(a) a particular inspector appointed under section 87A, or
(b) inspectors appointed under that section generally or of a particular description.
(2) In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct.
(3) The Secretary of State may in particular give directions about—
(a) matters to be taken into account in preparing a report, and
(b) the form and contents of a report.
87BB Information sharing between the Chief Inspector for England and section 87A inspectors
(1) The Chief Inspector for England may disclose information to an inspector appointed under section 87A for the purpose of enabling or facilitating the exercise by the inspector of the function mentioned in section 87A(2)(b).
(2) A disclosure of information under this section made for the purpose of safeguarding or promoting the welfare of children provided with accommodation by a school or college does not breach—
(a) any obligation of confidence owed by the Chief Inspector for England, or
(b) any other restriction on the disclosure of information (however imposed).
(1) The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided by a school or college.
(2) The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
(3) Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.
(4) The standards shall be taken into account—
(a) in the making by the appropriate authority of any determination under section 87(4) or (4A);
(b) in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and
(c) in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1).
(1) Regulations under subsection (2) may be made in relation to any school or college in respect of which the appropriate authority is required to take steps under section 87(3).
(2) The Secretary of State may by regulations require the relevant person to pay the appropriate authority an annual fee of such amount, and within such time, as the regulations may specify.
(3) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
90 Care and supervision orders in criminal proceedings.
(1) The power of a court to make an order under subsection (2) of section 1 of the Children and Young Persons Act 1969 (care proceedings in youth courts) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished.
(2) The powers of the court to make care orders—
(a) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and
(b) under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act,
are hereby abolished.
(3) The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12.
(1) The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order.
(1A) For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following—
(a) with whom the child is to live, and
(b) when the child is to live with any person.
(2) The making of a care order with respect to a child who is the subject of any section 8 order discharges that order.
(2A) Where an activity direction has been made with respect to a child, the making of a care order with respect to the child discharges the direction.
(3) The making of a care order with respect to a child who is the subject of a supervision order discharges that other order.
(4) The making of a care order with respect to a child who is a ward of court brings that wardship to an end.
(5) The making of a care order with respect to a child who is the subject of a school attendance order made under section 437 of the Education Act 1996 discharges the school attendance order.
(5A) The making of a special guardianship order with respect to a child who is the subject of—
(a) a care order; or
(b) an order under section 34,
discharges that order.
(6) Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order.
(7) Any order made under section 4(1) 4ZA(1),4A(1) or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(8) Any—
(a) agreement under section 4 , 4ZA or 4A; or
(b) appointment under section 5(3) or (4),
shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(9) An order under Schedule 1 has effect as specified in that Schedule.
(10) A section 8 order ... shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6). . . .
(10A) Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to—
(a) with whom a child is to live, or
(b) when a child is to live with any person.
(11) Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
(12) Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier.
(13) Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen.
(14) On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court.
For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision).
(15) Where an application (“the previous application”) has been made for—
(a) the discharge of a care order;
(b) the discharge of a supervision order;
(c) the discharge of an education supervision order;
(d) the substitution of a supervision order for a care order; or
(e) a child assessment order,
no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months.
(16) Subsection (15) does not apply to applications made in relation to interim orders.
(17) Where—
(a) a person has made an application for an order under section 34;
(b) the application has been refused; and
(c) a period of less than six months has elapsed since the refusal,
that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court.
(1) This section makes further provision about orders under section 91(14) (referred to in this section as “section 91(14) orders”).
(2) The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put—
(a) the child concerned, or
(b) another individual (“the relevant individual”),
at risk of harm.
(3) In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health.
(4) Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made.
(5) A section 91(14) order may be made by the court—
(a) on an application made—
(i) by the relevant individual;
(ii) by or on behalf of the child concerned;
(iii) by any other person who is a party to the application being disposed of by the court;
(b) of its own motion.
(6) In this section, “the child concerned” means the child referred to in section 91(14).