(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.
(1) The safeguarding partners for a local authority area in England must make arrangements in accordance with this section—
(a) to identify serious child safeguarding cases which raise issues of importance in relation to the area, and
(b) for those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate.
(2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children.
(3) Where a case is reviewed under the supervision of the safeguarding partners, they must—
(a) ensure that the reviewer provides a report on the outcome of the review;
(b) ensure—
(i) that the reviewer makes satisfactory progress, and
(ii) that the report is of satisfactory quality;
(c) provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel.
(4) The safeguarding partners must publish the report, unless they consider it inappropriate to do so.
(5) 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.
(6) The Secretary of State may by regulations make provision about—
(a) criteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area;
(b) 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;
(c) the time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published;
(d) the procedure for a review;
(e) the form and content of a report.
(7) In this section “reviewer” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area.
(1) This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England.
(2) The safeguarding partners must publish the arrangements.
(3) The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements.
(4) The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements.
(5) Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of “relevant agency”.
(6) The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences).
(7) At least once in every 12 month period, the safeguarding partners must prepare and publish a report on—
(a) what the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, and
(b) how effective the arrangements have been in practice.
(1) Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to—
(a) the safeguarding partner or any other safeguarding partner for the area,
(b) any of the relevant agencies for the area,
(c) a reviewer, or
(d) another person or body specified in the request.
(2) The person or body to whom a request under this section is made must comply with the request.
(3) The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.
(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).
(1) The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F—
(a) by making payments directly, or
(b) by contributing to a fund out of which the payments may be made.
(2) The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person.
(3) The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F.
(4) Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E—
(a) by making payments directly, or
(b) by contributing to a fund out of which the payments may be made.
(5) In this section an “independent person” means an independent person mentioned in section 16G(3).
16J Combining safeguarding partner areas and delegating functions
(1) The safeguarding partners for two or more local authority areas in England may agree that 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.
(2) References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).
(3) Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
(4) Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
(5) Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other.
(1) The 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 conferred on them by sections 16E to 16J.
(2) Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about—
(a) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed;
(b) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality.
In sections 16E to 16K—
“reviewer” has the meaning given by section 16F(7);
“safeguarding partner”, in relation to a local authority area, has the meaning given by section 16E(3);
“serious child safeguarding cases” has the meaning given by section 16B(9);
“relevant agency”, in relation to a local authority area, has the meaning given by section 16E(3).
(1) This section applies where a person to whom subsection (4) applies (“the relevant person”)—
(a) holds information about a child or information about another individual that relates to the child, and
(b) considers that the information is relevant to safeguarding or promoting the welfare of the child.
(2) The relevant person must ensure that the information is disclosed to another person to whom subsection (4) applies (“the recipient”) if and only so far as the relevant person considers that the disclosure may facilitate—
(a) where the recipient is within subsection (4)(a) or (b), the exercise by the recipient of any of its relevant functions, or
(b) where the recipient is within subsection (4)(c), the provision of services by the recipient pursuant to arrangements made by a person within subsection (4)(a) or (b) in connection with the exercise of any of that person’s relevant functions.
(3) But the duty imposed by subsection (2) does not apply if the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information.
(4) This subsection applies to—
(a) a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare),
(b) a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children), and
(c) a person who provides services pursuant to arrangements made by a person within paragraph (a) or (b) in connection with the exercise of any of that person’s relevant functions.
(5) The duty imposed by subsection (2) (as qualified by subsection (3)) also applies where a relevant person receives a request for the information from another person to whom subsection (4) applies.
(6) The relevant person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.
(7) A disclosure of information under this section does not breach any obligation of confidence owed by the person making the disclosure.
(8) This section does not permit the relevant person to do anything which is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(9) In this section, “relevant function” means a function relating to safeguarding or promoting the welfare of children.
(1) The Secretary of State may prepare an information standard.
(2) For the purposes of this section, “an information standard” is a standard in relation to the processing of information for the purposes of safeguarding or promoting the welfare of children.
(3) An information standard must specify to whom it applies.
(4) An information standard may only apply to one or more persons falling within section 16LA(4).
(5) A person to whom an information standard applies must have regard to the standard when processing information for the purposes of safeguarding or promoting the welfare of children.
(6) For the purposes of subsection (1), the Secretary of State may adopt all or part of any other information standard prepared or published under any other enactment or for a different purpose from the purpose mentioned in subsection (2).
(7) The Secretary of State may revise an information standard from time to time.
(8) The Secretary of State must publish the current version of each information standard prepared under this section.
(9) Before publishing an information standard under this section, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
(10) In this section, “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
(1) The Secretary of State may by regulations make provision for or in connection with—
(a) specifying a description of consistent identifier for the purposes of this section;
(b) requiring or authorising the disclosure of the consistent identifier to a designated person for the purpose of enabling the designated person to comply with subsection (5).
(2) A disclosure required or authorised by the regulations does not breach any obligation of confidence owed by the person disclosing the identifier.
(3) “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that—
(a) relates to a child, and
(b) forms part of a set of similar identifiers that is of general application.
(4) Subsection (5) applies if—
(a) a designated person (see subsection (10)) processes information about a child, and
(b) the child is one to whom a consistent identifier of the description specified under subsection (1) relates.
(5) If this subsection applies the designated person must include the consistent identifier in the information processed (but this is subject to subsections (6) to (8)).
(6) Subsection (5) applies only so far as the designated person considers that the inclusion of the consistent identifier is likely to facilitate the exercise by any person of a function of that person that relates to safeguarding or promoting the welfare of children.
(7) Subsection (5) does not apply if the designated person considers that including the consistent identifier in the information processed would be more detrimental to the child than not including it.
(8) The designated person need not comply with subsection (5) if—
(a) it does not know the consistent identifier, and
(b) it reasonably considers that finding it out would cause unreasonable delay to the processing of the information.
(9) A designated person’s compliance with subsection (5) does not breach any obligation of confidence owed by the designated person.
(10) In this section “designated person” means a person designated for the purposes of this section in regulations made by the Secretary of State.
(11) A person may be designated as mentioned in subsection (10) only if the person is—
(a) a person listed in section 11(1) (persons and bodies under a duty to make arrangements to safeguard and promote welfare), or
(b) a person who is a designated childcare or education agency for the purposes of section 16E (local arrangements for safeguarding and promoting welfare of children).
(12) A designated person must, in discharging any duty imposed on it by this section, have regard to guidance issued by the Secretary of State.
(13) Where a person (a “service provider”) provides services pursuant to arrangements made by a designated person in connection with the exercise of any function of the designated person that relates to safeguarding or promoting the welfare of children, this section applies to the service provider as it applies to the designated person.
(14) The reference in subsection (6) to the inclusion of a consistent identifier being likely to facilitate the exercise of a function is to it being likely to facilitate that exercise directly (rather than by means of a trial, study, audit or any other indirect means).
(15) In this section, “processes”, “processed” and “processing” are to be read in accordance with the meaning of “processing” in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act).
16LD Consistent identifiers for children: code of practice
(1) The Secretary of State may issue a code of practice for—
(a) persons who are designated persons within the meaning of section 16LC(10) for the purposes of the duty in section 16LC(5), and
(b) persons who are service providers within the meaning of section 16LC(13).
(2) Those persons must have regard to the code of practice when discharging their duties under section 16LC.
(3) The Secretary of State may revise the code from time to time.
(4) The Secretary of State must publish the current version of the code.
(5) Before publishing the code, the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.
(1) The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area.
(2) The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there.
(3) The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section.
(4) The purposes of a review or analysis under this section are—
(a) to identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, and
(b) to consider whether it would be appropriate for anyone to take action in relation to any matters identified.
(5) Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person.
(6) The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on—
(a) what they have done as a result of the arrangements under this section, and
(b) how effective the arrangements have been in practice.
(1) Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to—
(a) the child death review partner or any other child death review partner for the area, or
(b) another person or body.
(2) The person or body to whom a request under this section is made must comply with the request.
(3) The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction.
(4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1).
(1) The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M—
(a) by making payments directly, or
(b) by contributing to a fund out of which payments may be made.
(2) The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M.
16P Combining child death review partner areas and delegating functions
(1) The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section.
(2) References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1).
(3) Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
(4) Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other.
(1) The 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 conferred on them by sections 16M to 16P.
(2) In this section and sections 16M to 16P “child death review partners”, in relation to a local authority area in England, means—
(a) the local authority;
(b) any integrated care board for an area any part of which falls within the local authority area.
(1) The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan.
(2) A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board.
(3) In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e).
(4) Regulations under this section may in particular make provision as to—
(a) the matters to be dealt with in a children and young people's plan;
(b) the period to which a children and young people's plan is to relate;
(c) when and how a children and young people's plan must be published;
(d) keeping a children and young people's plan under review;
(e) revising a children and young people's plan;
(f) consultation to be carried out during preparation or revision of a children and young people's plan;
(g) other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan.
(5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
17A Children and young people's plans: implementation
(1) This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17.
(2) The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions.
(3) The Board must—
(a) monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan;
(b) prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.
(1) A local authority in England may, and with effect from the appointed day must, appoint an officer for the purposes of—
(a) the functions conferred on or exercisable by the authority which are specified in subsection (2); and
(b) such other functions conferred on or exercisable by the authority as may be prescribed by the Secretary of State by regulations.
(2) The functions referred to in subsection (1)(a) are—
(a) education functions conferred on or exercisable by the authority . . . ;
(b) functions conferred on or exercisable by the authority which are social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), so far as those functions relate to children;
(c) the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41) (so far as not falling within paragraph (b));
(d) the functions conferred on the authority under sections 10 to 12 , 12C, 12D and 17A of this Act; . . .
(e) any functions exercisable by the authority under section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 on behalf of an NHS body (within the meaning of those sections), so far as those functions relate to children; ...
(f) the functions conferred on the authority under Part 1 of the Childcare Act 2006, and
(g) any function conferred on the authority under section 2 of the Childcare Act 2016.
(3) Subsection (2)(a) does not include—
(a) functions under section 120(3) of the Education Reform Act 1988 (c. 40) (functions of LEAs with respect to higher and further education);
(b) functions under section 85(2) and (3) of the Further and Higher Education Act 1992 (c. 13) (finance and government of locally funded further and higher education);
(c) functions under section 15B of the Education Act 1996 (c. 56) . . . (education for persons who have attained the age of 19);
(d) functions under section 22 of the Teaching and Higher Education Act 1998 (c. 30) (financial support to students);
(e) such other education functions conferred on or exercisable by a local authority in England . . . as the Secretary of State may by regulations prescribe.
(4) An officer appointed by a local authority in England under this section is to be known as their “director of children’s services”.
(5) The director of children’s services appointed by a local authority in England may also have responsibilities relating to such functions conferred on or exercisable by the authority, in addition to those specified in subsection (1), as the authority consider appropriate.
(6) The functions in relation to which a director of children’s services may have responsibilities by virtue of subsection (5) include those referred to in subsection (3)(a) to (e).
(7) A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of this section.
(8) Two or more local authorities in England may for the purposes of this section, if they consider that the same person can efficiently discharge, for both or all of them, the responsibilities of director of children’s services, concur in the appointment of a person as director of children’s services for both or all of them.
(9) The amendments in Schedule 2—
(a) have effect, in relation to any authority which appoint a director of children’s services before the appointed day, from the day of his appointment; and
(b) on and after the appointed day have effect for all purposes.
(10) In this section—
“the appointed day” means such day as the Secretary of State may by order appoint;
“education functions” has the meaning given by section 579(1) of the Education Act 1996.
(1) A local authority in England must, in making arrangements for the discharge of—
(a) the functions conferred on or exercisable by the authority specified in section 18(1)(a) and (b), and
(b) such other functions conferred on or exercisable by the authority as the authority consider appropriate,
designate one of their members as their “lead member for children’s services”.
(2) A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of subsection (1).
(1) Any two or more of the persons and bodies to which this section applies must, at the request of the Secretary of State—
(a) conduct, in accordance with a timetable drawn up by them and approved by the Secretary of State, a review of children’s services provided in—
(i) the area of every local authority in England;
(ii) the areas of such local authorities in England as may be specified in the request;
(b) conduct a review of such children’s services provided in the area of such local authority in England as may be specified in the request.
(2) Any two or more of the persons and bodies to which this section applies may conduct a review of any children’s services provided in the area of a particular local authority in England.
(3) The purpose of a review under this section is to evaluate the extent to which, taken together, the children’s services being reviewed improve the well-being of children and relevant young persons (and in particular to evaluate how those services work together to improve their well-being).
(4) The persons and bodies to which this section applies are—
(a) the Chief Inspector of Schools;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the Care Quality Commission;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) the chief inspector of constabulary;
(g) Her Majesty's Chief Inspector of Probation for England and Wales
(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) the Chief Inspector of Prisons.
(5) Reviews under this section are to be conducted in accordance with arrangements made by the Chief Inspector of Schools.
(6) Before making arrangements for the purposes of reviews under this section the Chief Inspector of Schools must consult such of the other persons and bodies to which this section applies as he considers appropriate.
(7) The annual report of the Chief Inspector of Schools required by subsection (1) of section 121 of the Education and Inspections Act 2006 to be made to the Secretary of State must include an account of reviews under this section; and the power conferred by subsection (3) of that section to make other reports to the Secretary of State includes a power to make reports about such reviews.
(8) The Secretary of State may by regulations make provision for the purposes of reviews under this section and in particular provision—
(a) requiring or facilitating the sharing or production of information for the purposes of a review under this section (including provision for the creation of criminal offences);
(b) authorising any person or body conducting a review under this section to enter any premises for the purposes of the review (including provision for the creation of criminal offences);
(c) imposing requirements as to the making of a report on each review under this section;
(d) for the making by such persons as may be specified in or under the regulations of written statements of proposed action in the light of the report and the period within which any such action must or may be taken;
(e) for the provision to members of the public of copies of reports and statements made under paragraphs (c) and (d), and for charging in respect of any such provision;
(f) for the disapplication, in consequence of a requirement under this section, of any requirement under any other enactment to conduct an assessment or to do anything in connection with an assessment.
(9) Regulations under subsection (8) may in particular make provision by applying enactments falling within subsection (10), with or without modification, for the purposes of reviews under this section.
(10) The enactments falling within this subsection are enactments relating to the powers of persons and bodies to which this section applies for the purposes of assessments other than reviews under this section.
(11) Regulations under subsection (8) may make provision authorising or requiring the doing of anything by reference to the determination of a person of a description specified in the regulations.
(1) The Chief Inspector of Schools must devise a Framework for Inspection of Children’s Services (“the Framework”).
(2) The Framework must, for the purpose specified in subsection (3), set out principles to be applied by any person or body conducting a relevant assessment.
(3) The purpose referred to in subsection (2) is to ensure that relevant assessments properly evaluate and report on the extent to which children’s services improve the well-being of children and relevant young persons.
(4) The principles in the Framework may—
(a) include principles relating to the organisation of the results of any relevant assessment;
(b) make different provision for different cases.
(5) For the purposes of subsections (2) to (4) a relevant assessment is an assessment conducted under any enactment in relation to any children’s services.
(6) When devising the Framework, the Chief Inspector of Schools must consult the other persons and bodies to which section 20 applies.
(7) The Chief Inspector of Schools must publish the Framework, but before doing so must—
(a) consult such persons and bodies, other than those referred to in subsection (6), as he thinks fit; and
(b) obtain the consent of the Secretary of State.
(8) The Chief Inspector of Schools may at any time revise the Framework (and subsections (6) and (7) apply in relation to revisions to the Framework as to the original Framework).
(1) Each person or body with functions under any enactment of conducting assessments of children’s services must for the purposes of those assessments co-operate with other persons or bodies with such functions.
(2) A person or body with functions under any enactment of conducting assessments of children’s services may delegate any of those functions to any other person or body with such functions.
(1) This section applies for the purposes of sections 20 to 22.
(2) “Assessment” includes an inspection, review, investigation or study.
(3) “Children’s services” means—
(a) anything done for or in relation to children and relevant young persons (alone or with other persons)—
(i) in respect of which, apart from section 20, a person or body to which that section applies conducts any kind of assessment, or secures that any kind of assessment is conducted; and
(ii) which is specified in, or is of a description prescribed by, regulations made by the Secretary of State;
(b) any function under sections 10 and 12B to 19; . . .
(c) any function conferred on a local authority under section 12; ...
(d) any function conferred on a local authority under Part 1 of the Childcare Act 2006, and
(e) any function conferred on a local authority under section 2 of the Childcare Act 2016.
(4) “Relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made.
(5) “The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
(1) Each local authority in Wales must make arrangements to promote co-operation between—
(a) the authority;
(b) each of the authority’s relevant partners; and
(c) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area.
(1A) Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions.
(2) The arrangements under subsections (1) and (1A) are to be made with a view to—
(a) improving the well-being of children within the authority's area, in particular those with needs for care and support;
(b) improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision);
(c) protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989).
(3) In making arrangements under this section a local authority in Wales must have regard to the importance of parents and other persons caring for children in improving the well-being of children.
(4) For the purposes of this section each of the following is the relevant partner of a local authority in Wales—
(a) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority;
(aa) any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section;
(b) a local probation board for an area any part of which falls within the area of the authority;
(ba) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;
(bb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority;
(c) a youth offending team for an area any part of which falls within the area of the authority;
(d) a Local Health Board for an area any part of which falls within the area of the authority;
(e) an NHS trust providing services in the area of the authority;
(f) the Commission for Tertiary Education and Research;
(g) such a person, or a person of such description, as regulations made by the Welsh Ministers may specify.
(4A) Regulations under subsection (4)(g) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college unless the Secretary of State consents.
(5) The relevant partners of a local authority in Wales must co-operate with the authority in the making of arrangements under this section.
(6) A local authority in Wales and any of their relevant partners may for the purposes of arrangements under this section—
(a) provide staff, goods, services, accommodation or other resources;
(b) establish and maintain a pooled fund.
(7) For the purposes of subsection (6) a pooled fund is a fund—
(a) which is made up of contributions by the authority and the relevant partner or partners concerned; and
(b) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners.
(8) A local authority in Wales and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers.
(9) The Welsh Ministers must obtain the consent of the Secretary of State before giving guidance under subsection (8) at any time after the coming into force of any of paragraphs (a) to (c) of subsection (4).
(9A) Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member.
(10) Arrangements under this section may include arrangements relating to—
(a) persons aged 18 and 19;
(b) persons over the age of 19 who are receiving—
(i) services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or
(ii) youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)).
(11) In this section—
“ care and support ” means—
care;
support;
both care and support;
“ well-being ” means well-being in relation to any of the following—
physical and mental health and emotional well-being;
protection from abuse and neglect;
education, training and recreation;
domestic, family and personal relationships;
contribution made to society;
securing rights and entitlements;
social and economic well-being;
suitability of living accommodation;
physical, intellectual, emotional, social and behavioural development;
and it includes “welfare” as that word is interpreted for the purposes of the Children Act 1989.
(1) A local authority in Wales must—
(a) appoint an officer, to be known as the “lead director for children and young people’s services”, for the purposes of co-ordinating and overseeing arrangements made under section 25 ; and
(b) designate one of their members, to be known as the “lead member for children and young people’s services”, to have as his special care the discharge of the authority’s functions under that section.
(2) A Local Health Board must—
(a) appoint an officer, to be known as the Board’s “lead officer for children and young people’s services”, for the purposes of the Board’s functions under section 25; and
(b) designate one of the Board’s members who is not an officer as its “lead member for children and young people’s services” to have the discharge of those functions as his special care.
(3) An NHS trust to which section 25 applies must—
(a) appoint an executive director, to be known as the trust’s “lead executive director for children and young people’s services”, for the purposes of the trust’s functions under that section; and
(b) designate one of the trust’s non-executive directors as its “lead non-executive director for children and young people’s services” to have the discharge of those functions as his special care.
(4) Each local authority in Wales, Local Health Board and NHS trust to which section 25 applies must have regard to any guidance given to them by the Assembly in relation to—
(a) their functions under this section;
(b) the responsibilities of the persons appointed or designated by them under this section.
28 Arrangements to safeguard and promote welfare: Wales
(1) This section applies to each of the following—
(a) a local authority in Wales;
(b) a Local Health Board;
(c) an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
(d) the local policing body and chief officer of police for a police area in Wales;
(e) the British Transport Police Authority, so far as exercising functions in relation to Wales;
(ea) the National Crime Agency;
(f) a local probation board for an area in Wales;
(fa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales;
(g) a youth offending team for an area in Wales;
(h) the governor of a prison or secure training centre in Wales (or, in the case of a contracted out prison or secure training centre, its director);
(ha) the principal of a secure college in Wales;
(i) any person to the extent that he is providing services pursuant to arrangements made by a local authority in Wales under section 123(1)(b) of the Learning and Skills Act 2000 (c. 21) (youth support services).
(2) Each person and body to whom this section applies must make arrangements for ensuring that—
(a) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and
(b) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.
(3) In the case of a local authority in Wales, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies.
(4) The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Assembly.
(5) The persons and bodies referred to in subsection (1)(d) to (h) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State after consultation with the Assembly.
(1) The Assembly may for the purpose of arrangements under section 25 or 28 above or under section 175 of the Education Act 2002—
(a) by regulations require local authorities in Wales to establish and operate databases containing information in respect of persons to whom such arrangements relate;
(b) itself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information.
(2) The Assembly may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases.
(3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate.
(4) The information referred to in subsection (3) is information of the following descriptions in relation to a person—
(a) his name, address, gender and date of birth;
(b) a number identifying him;
(c) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time;
(d) details of any education being received by him (including the name and contact details of any educational institution attended by him);
(e) the name and contact details of any person providing primary medical services in relation to him under the National Health Service (Wales) Act 2006;
(f) the name and contact details of any person providing to him services of such description as the Assembly may by regulations specify;
(g) information as to the existence of any cause for concern in relation to him;
(h) information of such other description, not including medical records or other personal records, as the Assembly may by regulations specify.
(5) The Assembly may by regulations make provision in relation to the establishment and operation of any database or databases under this section.
(6) Regulations under subsection (5) may in particular make provision—
(a) as to the information which must or may be contained in any database under this section (subject to subsection (3));
(b) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database;
(c) permitting a person or body specified in subsection (8) to disclose information for inclusion in the database;
(d) permitting or requiring the disclosure of information included in any such database;
(e) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information;
(f) as to the conditions on which such access must or may be given;
(g) as to the length of time for which information must or may be retained;
(h) as to procedures for ensuring the accuracy of information included in any such database;
(i) in a case where a database is established by virtue of subsection (1)(b), requiring local authorities in Wales to participate in the operation of the database.
(7) The persons and bodies referred to in subsection (6)(b) are—
(a) the persons and bodies specified in section 28(1);
(b) the Commission for Tertiary Education and Research;
(c) the governing body of a maintained school in Wales (within the meaning of section 175 of the Education Act 2002 (c. 32));
(d) the governing body of an institution in Wales within the further education sector (within the meaning of that section);
(e) the proprietor of an independent school in Wales (within the meaning of the Education Act 1996 (c. 56));
(f) a person or body of such other description as the Assembly may by regulations specify.
(8) The persons and bodies referred to in subsection (6)(c) are—
(a) a person registered in Wales for child minding or the provision of day care under Part 2 of the Children and Families (Wales) Measure 2010;
(b) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate;
(c) the Commissioners of Inland Revenue;
(d) a registered social landlord or private registered provider of social housing;
(e) a person or body of such other description as the Assembly may by regulations specify.
(9) The Assembly and the Secretary of State may provide information for inclusion in a database under this section.
(10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations.
(11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
(12) Regulations under subsections (1)(a) and (5) may only be made with the consent of the Secretary of State.
(13) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person by the Assembly.
(14) Guidance or directions under subsection (13) may in particular relate to—
(a) the management of a database under this section;
(b) the technical specifications for any such database;
(c) the security of any such database;
(d) the transfer and comparison of information between databases under this section;
(e) the giving of advice in relation to rights under the data protection legislation.
(15) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(1) The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act).
(2) This section applies to the following functions of a local authority—
(a) the authority’s functions under section 25 ..., except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21));
(b) the authority’s functions under section 28;
(c) any function conferred on the authority under section 29.
35 Functions of the Assembly relating to family proceedings
(1) In respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question, it is a function of the Assembly to—
(a) safeguard and promote the welfare of the children;
(b) give advice to any court about any application made to it in such proceedings;
(c) make provision for the children to be represented in such proceedings;
(d) provide information, advice and other support for the children and their families.
(2) The Assembly must also make provision for the performance of the functions conferred on Welsh family proceedings officers by virtue of any enactment (whether or not they are exercisable for the purposes of subsection (1)).
(3) In subsection (1), “family proceedings” has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43).
(4) In this Part, “Welsh family proceedings officer” means—
(a) any member of the staff of the Assembly appointed to exercise the functions of a Welsh family proceedings officer; and
(b) any other individual exercising functions of a Welsh family proceedings officer by virtue of section 36(2) or (4).
(1) The Assembly may make arrangements with organisations under which the organisations perform the functions of the Assembly under section 35 on its behalf.
(2) Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of Welsh family proceedings officers.
(3) The Assembly may only make an arrangement under subsection (1) if it is of the opinion—
(a) that the functions in question will be performed efficiently and to the required standard; and
(b) that the arrangement represents good value for money.
(4) The Assembly may make arrangements with individuals under which they may perform functions of Welsh family proceedings officers.
(5) The Assembly may make arrangements with an organisation or individual under which staff of the Assembly engaged in the exercise of its functions under section 35 may work for the organisation or individual.
(6) The Assembly may make arrangements with an organisation or individual under which any services provided by the Assembly’s staff to the Assembly in the exercise of its functions under section 35 are also made available to the organisation or individual.
(7) The Assembly may charge for anything done under arrangements under subsection (5) and (6).
(8) In this section, references to organisations include public bodies and private or voluntary organisations.
(1) The Assembly may authorise a Welsh family proceedings officer of a description prescribed in regulations made by the Secretary of State—
(a) to conduct litigation in relation to any proceedings in any court,
(b) to exercise a right of audience in any proceedings in any court,
in the exercise of his functions.
(2) A Welsh family proceedings officer exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
(3) A Welsh family proceedings officer exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section.
(4) A Welsh family proceedings officer may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness.
(5) But a Welsh family proceedings officer may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with this section.
(6) In this section, “right to conduct litigation” and “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.
(1) The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act.
(2) Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—
(a) must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
(b) if he is included in any of those lists, must not select him for that employment.
(3) Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc), the organisation must so refer him.
(4) In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.
40 Advisory and support services for family proceedings: supplementary
Schedule 3 (which makes supplementary and consequential provision relating to this Part, including provision relating to functions of Welsh family proceedings officers) has effect.
(1) The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43).
(2) A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions.
(1) For the purposes of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer to the Assembly of property, rights and liabilities of the Children and Family Court Advisory and Support Service (in this section, “CAFCASS”).
(2) The reference in subsection (1) to rights and liabilities does not include rights and liabilities under a contract of employment.
(3) A scheme under this section may—
(a) specify the property, rights and liabilities to be transferred by the scheme; or
(b) provide for the determination, in accordance with the scheme, of the property, rights and liabilities to be transferred by the scheme.
(4) A scheme under this section may include provision for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.
(5) A scheme under this section has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer.
(6) A right of pre-emption or reverter or other similar right does not operate or become exercisable as a result of any transfer under a scheme under this section; and in the case of such a transfer, any such right has effect as if the Assembly were the same person in law as CAFCASS and as if the transfer had not taken place.
(7) The Assembly is to pay such compensation as is just to any person in respect of any right which would, apart from subsections (5) and (6), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those subsections, cannot subsequently operate in his favour or become exercisable by him.
(8) A scheme under this section may provide for the determination of any disputes as to whether and, if so, how much compensation is payable under subsection (7).
(9) Subsections (5) to (8) apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property.
(10) A certificate issued by the Secretary of State and the Assembly jointly that any property, rights or liabilities have or have not been transferred by a scheme under this section is conclusive evidence as to whether they have or have not been so transferred.