Children and Young Persons Act 2008

Part 1 — Delivery of social work services for children and young persons

Power to enter into arrangements for discharge of care functions

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• (1) A local authority may enter into arrangements with a body corporate for the discharge by that body of some or all of the relevant care functions of that authority (but subject to section 2).

• (2) The relevant care functions of a local authority are—

• (a) its social services functions in relation to individual children who are looked after by it; and

• (b) its functions under sections 23B to 24D of the 1989 Act.

• (3) A party (other than the local authority concerned) to arrangements entered into under this section—

• (a) may not include any other local authority; and

• (b) is referred to in this Part as a provider of social work services.

• (4) Arrangements under this section may be framed by reference to—

• (a) individuals of a particular description;

• (b) particular localities within the area of the local authority concerned.

• (5) Where an individual child (A) ceases to be looked after by a local authority and a provider of social work services (P) was discharging under arrangements under this Part social services functions of the authority in relation to A at that time, the arrangements may also make provision for P to discharge all or any of the authority's social services functions in relation to A after A ceases to be looked after by the authority.

• (6) The appropriate national authority may by regulations specify—

• (a) functions not falling within subsection (2) which are to be treated as being relevant care functions for the purposes of this section;

• (b) functions otherwise falling within that subsection which are to be treated as not being relevant care functions for the purposes of this section.

• (7) The appropriate national authority may by regulations make provision about the bodies corporate which may, or may not, be parties to arrangements under this section.

• (8) The appropriate national authority may by regulations provide that arrangements under this section may not be entered into—

• (a) for a period shorter than the prescribed minimum period; or

• (b) for a period exceeding the prescribed maximum period.

• (9) References in this Part to a child looked after by a local authority have the same meaning as they have in the 1989 Act (by virtue of section 22 of that Act).

• (10) “ Social services functions ” has the meaning given by section 1A of the Local Authority Social Services Act 1970 (c. 42).

• (11) In this Part—

• “ appropriate national authority ” means— in relation to England, the Secretary of State; andin relation to Wales, the Welsh Ministers;

• “ function ” includes any power to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of a function;

• “ local authority ” means— in relation to England, the council of a county, a metropolitan district or a London Borough or the Common Council of the City of London; andin relation to Wales, the council of a county or a county borough.

Restrictions on arrangements under section 1

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• (1) A local authority must not enter into arrangements under section 1 for the discharge of an excluded function.

• (2) The excluded functions are—

• (a) the local authority's functions in relation to independent reviewing officers; and

• (b) its functions as an adoption agency (unless the other party to the arrangements is a registered adoption society).

• (3) The functions referred to in subsection (2)(a) are the local authority's functions under—

• (a) regulations made under section 26 of the 1989 Act by virtue of subsection (2)(k) of that section (provision for appointment by local authority of a person to carry out certain functions in review of case of child looked after by the authority);

• (b) section 25A of the 1989 Act (appointment of independent reviewing officer).

• (4) A restriction imposed on a local authority by reference to its area applies to a provider of social work services as if the provider has the same area as the authority.

• (5) A local authority must not enter into arrangements under section 1 unless it is satisfied that the functions to which the arrangements relate will be discharged by, or under the supervision of, registered social workers.

• (6) “ Registered social worker ” means a person registered as a social worker—

• (a) in the register maintained by Social Work England under section 39(1) of the Children and Social Work Act 2017;

• (b) in the register maintained by the Scottish Social Services Council under section 44 of the Regulation of Care (Scotland) Act 2001 (2001 asp 8); or

• (c) in the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3).

• (7) “ Registered adoption society ” has the meaning given by section 2(2) of the Adoption and Children Act 2002 (c. 38).

Effect of arrangements under section 1

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• (1) Anything done or omitted to be done by or in relation to a provider of social work services in, or in connection with, the exercise or purported exercise of a function which is the subject of the arrangements under section 1 to which the provider is a party is to be treated as done or omitted to be done by or in relation to the local authority which entered into the arrangements.

• (2) Subsection (1)—

• (a) does not affect the rights and liabilities of the parties to the arrangements as between one another;

• (b) does not make the local authority liable under section 6 of the Human Rights Act 1998 (c. 42) in respect of any act (within the meaning of that section) of a provider of social work services if the act is one of a private nature;

• (c) does not prevent any civil proceedings which could otherwise be brought by or against the provider of social work services from being brought; and

• (d) does not apply for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the provider of social work services.

• (3) A reference in this section to anything done or omitted to be done by or in relation to a provider of social work services includes a reference to anything done or omitted to be done by or in relation to an employee or agent of the provider.

• (4) In this section—

• “ civil proceedings ” includes a claim for judicial review; and

• “ employee ”, in relation to a body corporate, includes any director or other officer of that body.

Regulation of providers of social work services

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Functions under this Part to be social services functions

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In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (functions which are social services functions for the purposes of that Act), at the end insert—

Children and Young Persons Act 2008
Part 1, in so far as it confers functions on a local authority in England or Wales within the meaning of that Part......	Making arrangements for the discharge of relevant care functions in relation to certain children and young persons.

Piloting and expiry of arrangements under this Part

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• (1) The piloting period—

• (a) begins on the day on which section 1(1) comes into force; and

• (b) ends on the earlier of—

• (i) the day on which section 4 comes into force; or

• (ii) the end of the period of five years beginning with the day on which this Act is passed.

• (2) An order bringing section 1 into force may do so by reference to particular local authorities or local authorities of a particular description.

• (3) If the piloting period comes to an end in accordance with subsection (1)(b)(ii), sections 1 to 5 cease to have effect at that time.

• (4) If the period of five years beginning with the day on which this Act is passed ends without an order to bring section 1(1) into force having been made by the Secretary of State, sections 1 to 5 cease to have effect in relation to England at that time.

• (5) If the period of five years beginning with the day on which this Act is passed ends without an order to bring section 1(1) into force having been made by the Welsh Ministers, sections 1 to 5 cease to have effect in relation to Wales at that time.

• (6) No regulations under section 1(8) may be made so as to come into force before the end of the piloting period; and arrangements entered into during the piloting period must not be for a duration which lasts beyond the end of the period mentioned in subsection (1)(b)(ii).

Part 2 — Functions in relation to children and young persons

Well-being

Well-being of children and young persons

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• (1) It is the general duty of the Secretary of State to promote the well-being of children in England.

• (2) The general duty imposed by subsection (1) has effect subject to any specific duties imposed on the Secretary of State.

• (3) The activities which may be undertaken or supported in the discharge of the general duty imposed by subsection (1) include activities in connection with parenting.

• (4) The Secretary of State may take such action as the Secretary of State considers appropriate to promote the well-being of—

• (a) persons who are receiving services under sections 23C to 24D of the 1989 Act; and

• (b) persons under the age of 25 of a prescribed description.

• (5) The Secretary of State, in discharging functions under this section, must have regard to the aspects of well-being mentioned in section 10(2)(a) to (e) of the Children Act 2004 (c. 31).

• (6) In this section—

• “children” means persons under the age of 18; and

• “prescribed” means prescribed in regulations made by the Secretary of State.

Accommodation

Provision of accommodation and maintenance for children who are looked after by a local authority

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• (1) For section 23 of the 1989 Act substitute—

(22A) When a child is in the care of a local authority, it is their duty to provide the child with accommodation. (22B) It is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation. (22C) (1) This section applies where a local authority are looking after a child (“C”). (2) The local authority must make arrangements for C to live with a person who falls within subsection (3) (but subject to subsection (4)). (3) A person (“P”) falls within this subsection if— (a) P is a parent of C; (b) P is not a parent of C but has parental responsibility for C; or (c) in a case where C is in the care of the local authority and there was a residence order in force with respect to C immediately before the care order was made, P was a person in whose favour the residence order was made. (4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so— (a) would not be consistent with C's welfare; or (b) would not be reasonably practicable. (5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available. (6) In subsection (5) “placement” means— (a) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent; (b) placement with a local authority foster parent who does not fall within paragraph (a); (c) placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or (d) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section. (7) In determining the most appropriate placement for C, the local authority must, subject to the other provisions of this Part (in particular, to their duties under section 22)— (a) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection; (b) comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and (c) comply with subsection (9) unless that is not reasonably practicable. (8) The local authority must ensure that the placement is such that— (a) it allows C to live near C's home; (b) it does not disrupt C's education or training; (c) if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together; (d) if C is disabled, the accommodation provided is suitable to C's particular needs. (9) The placement must be such that C is provided with accommodation within the local authority's area. (10) The local authority may determine— (a) the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and (b) the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004). (11) The appropriate national authority may make regulations for, and in connection with, the purposes of this section. (12) In this Act “local authority foster parent” means a person who is approved as a local authority foster parent in accordance with regulations made by virtue of paragraph 12F of Schedule 2. (22D) (1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26. (2) But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary— (a) to make such arrangements; and (b) to do so as a matter of urgency. (22E) Where a local authority place a child they are looking after in a children's home provided, equipped and maintained by an appropriate national authority under section 82(5), they must do so on such terms as that national authority may from time to time determine. (22F) Part 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11).

• (2) Schedule 1 (which makes amendments supplementary to, and consequential on, the provisions of this section, including a power to make regulations about an independent review mechanism for certain decisions in relation to foster parents) has effect.

• (3) Until the coming into force of subsection (1), Schedule 2 to the 1989 Act has effect with the modifications specified in Schedule 2.

General duty of local authority to secure sufficient accommodation

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After section 22F of the 1989 Act (which is inserted by section 8) insert—

(22G) (1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2). (2) The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that— (a) is within the authority's area; and (b) meets the needs of those children. (3) The children referred to in subsection (2) are those— (a) that the local authority are looking after, (b) in respect of whom the authority are unable to make arrangements under section 22C(2), and (c) whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area. (4) In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having— (a) a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and (b) a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome. (5) In this section “accommodation providers” means— - local authority foster parents; and - children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.

Independent reviewing officers

Independent reviewing officers

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• (1) After section 25 of the 1989 Act insert—