SECTION 11 – ARRANGEMENTS TO SAFEGUARD AND PROMOTE WELFARE
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“This section imposes a duty on specified agencies to make arrangements to ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. The aim of this duty is to:
This duty is intended to ensure that agencies are conscious of the need to safeguard children and promote their welfare in the course of executing their normal functions. Exercise of this duty will require agencies that come into contact with children to recognise that their needs are not always the same as adults i.e. that they are children, and vulnerable, as well as being patients, offenders, or people who use local amenities.
The list of persons subject to the duty to safeguard and promote children’s welfare is:
Children and immigration
Currently, the duties under this section do not apply to the UK Borders Agency. However, a statutory Code of Practice has been issued with the purpose of ensuring that Agency staff protect from harm children involved in immigration. The UK Government is also committed to bring in further legislation which will place the Agency under a similar duty to the duty under this section.
The Code of Practice is available at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/consultations/closedconsultations/keepingchildrensafe/
The Code of Practice is given effect by the UK Borders Act 2007 (Code of Practice on Children) Order 2008 which is available at www.opsi.gov.uk/si/si2008/uksi_20083158_en_1.
Guidance and other relevant material
Central government has issued statutory guidance under this section entitled “Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004”. It is available at www.everychildmatters.gov.uk/_files/9204C14C73ACCA279701DDF9731B16F6.pdf
SECTION 12 – INFORMATION DATABASES
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“This section creates a power for the Secretary of State by regulations…to require local authorities to establish and operate a database or databases of information about all children and other young people to whom arrangements under section 10 or 11 [of the Children Act 2004] or section 175 of the Education Act 2002 may relate (subsection (1)(a)) [s.175 confers a general duty to make arrangements for safeguarding and promoting child welfare upon local education authorities and school governing bodies]. Alternatively, the Secretary of State may set up such databases himself and he may set up a body corporate to operate such databases (subsections (1)(b) and (2)). Such databases might be set up at a local, regional or national level.
The purpose of the information databases that would be set up under this section is to facilitate contact between professionals who are supporting individual children or who have concerns about their development, well-being or welfare with the aim of securing early, coherent intervention. The purpose of including the basic data set out in subsection (4) is to help practitioners identify quickly a child they have contact with, and whether that child is getting the universal services (education, primary health care) to which he or she is entitled. Such data, suitably anonymised, would also serve a purpose in service planning. These purposes relate directly to the overarching duties on service providers to co-operate to promote the well-being of children (section 10 and to safeguard and promote the welfare of children (section 11. The purposes for which information databases may be used also include the duty of local education authorities and governing bodies to fulfil their functions in a way that safeguards and promotes the welfare of children under section 175 of the Education Act 2002.
The section sets out the principles that would govern information sharing using information databases, including the basic information that is to be included in respect of all children. The detailed operational requirements will be set out in…regulations…and, as to more technical matters, in directions and guidance issued by the Secretary of State under subsections (12) and (13).
Subsection (3) provides that a database may only include information specified in subsection (4) in relation to a person to whom subsection (1) relates (i.e. all children and other young people within the scope of sections 10 and 11 [of the Children Act 2004] and section 175 of the Education Act 2002).
Subsection (4) describes the information to be held on the database. The basic data to be held for all children comprises: name; address; gender; date of birth; a unique identifying number; name and contact details of any person with parental responsibility or who has day-to-day care of the child; details of any education being received whether in an educational institution or other setting; name and contact details of a GP practice. The subsection also provides for the inclusion of the name and contact details of any practitioner providing a specialist service (of a kind to be specified in the regulations) to a child and the fact that a practitioner has a concern about a child. No material relating to case notes or case history about an individual may be included on the database, but the flexibility exists to require the inclusion of further basic data, for example to provide for future organisational change.
Subsection (5) gives the Secretary of State power to make provision for the establishment and operation of information sharing databases.
Subsection (6) lists a number of matters concerning the management and operation of information databases that may, in particular, be included in the regulations made under subsection (5). These include requiring or permitting specified types of people or bodies to disclose information to the database, the conditions under which agencies and individuals will be granted access, the length of time that information should be held on the database and procedures for ensuring the accuracy of the data.
Subsection (7) lists the people and bodies who can be required to disclose information for inclusion in the database. This enables the primary sources of the basic data to be primary care trusts, local education authorities and the Connexions service, with other statutory bodies and registered independent schools having a duty to supply such other information as may be required.
Subsection (8) lists the people and bodies who can be permitted to disclose information for inclusion in the database. This provides for voluntary sector bodies and the Inland Revenue (for child benefit and child tax credit records), among others, to respond to any requests by the people who may be required to establish the databases to fill in any gaps in the basic data.
Subsection (9) permits information held by government departments, such as benefit records from the Department for Work and Pensions, to be supplied on request to fill in gaps in the basic data.
Subsection (10) allows the regulations to provide for the delegation of decisions relating to the matters referred to in subsection (6)(e), relating to access to the databases, to persons who may be required to establish the databases.
Subsection (11) allows the regulations to provide that people or bodies who are permitted under subsections (6)(c) to (e) or (9) to disclose information to the database may do so notwithstanding their common law duty of confidence. Such a power would be relied upon where practitioners believe, in their professional judgement, that it is in the best interest of the child to share information about that child.
Subsection (12) provides that any direction issued by the Secretary of State must be complied with by any person or body who establishes or operates a database under this section and that they must have regard to any guidance issued by the Secretary of State.
Subsection (13) lists matters concerning the operation of the information databases that may, in particular, be included in directions or guidance issued by the Secretary of State. These include management functions, technical specifications, conditions relating to database security, the transfer and cross-matching of information from one database to another and the issuing of advice to children and their parents about their rights, under the Data Protection Act 1998, to access information held about them on the database.”
Regulations made under this section
The Children Act 2004 Information Database (
Guidance and other relevant material
DfES materials about the implementation of information databases are available at www.everychildmatters.gov.uk/deliveringservices/index/
SECTION 12A – ESTABLISHMENT OF CHILDREN’S TRUST BOARDS
This new section (inserted by the Apprenticeships, Skills, Children and Learning Act 2009) requires each children’s services authority in
The CTB must include representatives of the authority and of its “relevant partners”, unless they are “relevant partners” of a type prescribed in regulations as not needing to be included on the CTB. It is likely that the regulations will limit membership of the board to those partners which are able, by virtue of their functions, to take a strategic approach to the development of the children’s trust in a local authority area.
Regulations made under this section
The Children’s Trust Board (Relevant Partners) (Exceptions) (
SECTION 12B – FUNCTIONS AND PROCEDURES OF CHILDREN’S TRUST BOARDS
This section gives a CTB the function of preparing and reviewing the Children and Young Person’s Plan for the trust’s area. It also gives the CTB the function of monitoring and reporting annually on the extent to which CTB members are acting in accordance with co-operation strategies contained in the plan.
The secretary of state also has the power to confer additional functions on CTBs relating to improving the well-being of children and “relevant young persons” (such as under-25s with a learning difficulty) in the trust’s area. The secretary of state also has the power to give guidance to CTBs about their procedures, for example conduct of meetings, and their exercise of functions.
SECTION 12C – FUNDING OF CHILDREN’S TRUST BOARDS
This section sets out technical arrangements for funding the work of CTBs. It also allows two or more CTBs to pool their funds.
SECTION 12D – SUPPLY OF INFORMATION TO CHILDREN’S TRUST BOARDS
This section gives board members the power to supply information to the board.”
SECTION 13 – ESTABLISHMENT OF LOCAL SAFEGUARDING CHILDREN BOARDS
Local Safeguarding Children Boards are the statutory successors to the informally constituted Area Child Protection Committees.
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“The purpose of this section is to place local arrangements for co-ordinating the work of key agencies in relation to safeguarding children on a statutory footing.
Subsection (1 requires each local authority to establish a Local Safeguarding Children Board (LSCB). The agencies which are 'board partners' are listed in subsection (3. The authority must co-operate with the board partners in establishing the board and the board partners each have a reciprocal obligation to co-operate with the local authority (subsection (7).
Subsection (2) provides for the Secretary of State to make regulations about representation on the LSCB. For example, regulations might be used to ensure that every board partner, and the local authority, had a representative on the LSCB, albeit possibly through two or more sharing a single representative. Regulations may also set out the level of seniority required of representatives.
Subsections (4) and (5) provide for representation from persons other than board partners exercising functions or engaged in activities in relation to children in the area. These might include schools and voluntary groups. The local authority must take steps to ensure representation of prescribed persons (subsection (4) and may also invite representation from other persons or groups in consultation with board partners (subsection (5)). This reflects that there will be other bodies in each area with a contribution to make to the work of the LSCB. It also allows the board to seek specialist expertise where it sees fit.
Subsection (8) enables two or more local authorities to join together to establish an LSCB covering their combined areas.”
Board partners
The board partners (who must be represented on Local Safeguarding Children Boards) are as follows:
Regulations made under this section
The Local Safeguarding Children Boards Regulations 2006 (S.I. 2006/90) have been made under this section. They are available here
SECTION 14 - FUNCTIONS AND PROCEDURE OF LOCAL SAFEGUARDING CHILDREN BOARDS
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“Subsection (1) sets out the objective of LSCBs. The aim is to ensure that each local area has a coherent approach to safeguarding children based on contributions from all key agencies, and that this approach is managed effectively.
Subsection (2) allows for functions of LSCBs to be prescribed by the Secretary of State in regulations. These functions will largely be based on the functions of their predecessor bodies, Area Child Protection Committees, as set out in government guidance Working Together to Safeguard Children and will support the overall objective of the board.
Subsection (3) allows for the Secretary of State to prescribe the procedures to be followed by LSCBs. For example, it may require a register of attendance to be kept.”
Regulations made under this section
The Local Safeguarding Children Boards Regulations 2006 (S.I. 2006/90) have been made under this section. They are available here
Guidance and other relevant material
The updated (2006) version of “Working Together to Safeguard Children: Inter-Agency working to safeguard and promote the welfare of children” contains in Chapter 3 guidance about the operation of Local Safeguarding Children Boards. It is available at www.everychildmatters.gov.uk/_files/CC33F42E29C4BB89100BB0AF34A57386.pdf. Much of this is section 7 guidance and so must be followed by local authorities in the absence of a good reason not to do so.
Section 31 of the Children and Young Persons Act 2008 requires a Local Safeguarding Children Board to have and publicise arrangements for receiving child death information from registrars of births and deaths.
SECTION 14A – LSCBs: ANNUAL REPORTS
SECTION 15 – FUNDING OF LOCAL SAFEGUARDING CHILDREN BOARDS
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“This section enables the local authority and the board partners to contribute financially to the cost of establishing and running the LSCB. It allows for money from those agencies to be pooled in a single fund. It also makes clear that partners can provide non-pecuniary resources (such as staff, goods, services or accommodation) in support of the activities of the LSCB.
Where the governor or director of prison service institution or secure training centre is a board partner the power to contribute is given to the Secretary of State. Where the prison or secure training centre is contracted out, the power to contribute is given to the contractor.”
SECTION 16 – LOCAL SAFEGUARDING CHILDREN BOARDS: SUPPLEMENTARY
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“Subsection (1) enables regulations to provide for the functions of local authorities in relation to LSCBs. These will cover such matters as provision of administrative and support services.
Subsection (2) provides that, in exercising their functions, the authority and its board partners must have regard to any guidance issued by the Secretary of State for this purpose. This guidance may, for example, set out how contributions may be made in cash or kind and how arrangements should be made for investigation of unexpected child deaths, and provide further detail about the functions and management of LSCBs.”
Regulations made under this section
The Local Safeguarding Children Boards Regulations 2006 (S.I. 2006/90) have been made under this section. They are available here
SECTION 17 – CHILDREN AND YOUNG PEOPLE’S PLANS
This section as originally enacted was replaced by the Apprenticeships, Skills, Learning and Children Act 2009. As a result, the Children and Young People’s Plan is now to be produced by the Children’s Trust Board, rather than the local authority.
Detailed requirements as to the contents of the Plan and the way in which it is to be produced are contained in the Children’s Trust Board (Children and Young People’s Plan) (
SECTION 17A – CHILDREN AND YOUNG PEOPLE’S PLANS: IMPLEMENTATION
This section, which was inserted by the Apprenticeships, Skills, Learning and Children Act 2009, contains a new requirement for members of a CTB to “have regard” to the Children and Young People’s Plan. Previously, the children’s services authority’s relevant partners, such as PCTs and the police, were required to have regard to the plan, only the authority itself was.
SECTION 18 – DIRECTOR OF CHILDREN’S SERVICES
The purpose of this section is to ensure that at officer level there is clear accountability for the provision of local authority children’s services.
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“The local authorities that are children's services authorities for the purposes of this Act are currently required to appoint a chief education officer and a director of social services. Those requirements are removed when authorities exercise their power under this section to appoint a director of children's services and a director of adult social services. The Act makes it possible for local authorities to make these appointments and gives the Secretary of State a power to require them to do so by order at such time as he thinks appropriate.
The purposes for which the director of children's services is appointed are local authority education functions (other than functions specified in relation to adults); social services functions for children; functions in relation to young persons leaving care; functions conferred on the authority under sections 10-12 and 17 of this Act; any functions delegated to the authority by an NHS body under section 31 of the Health Act 1999, so far as relating to children; [when the Childcare Act 2006 is in force, functions under Part I of the Childcare Act 2006 (young children’s well-being)] and any other function prescribed by the Secretary of State by regulations. The authority may include in the remit of the director of children's services such additional functions as they consider appropriate (subsection (5). Authorities are free, for example, to include adult education functions.
Directors of children's services will also be expected to steer local co-operation arrangements in relation to children's services. Further detail on the role and responsibilities of the director will be set out in guidance issued by the Secretary of State under subsection (7).
Subsection (8) allows two or more authorities to appoint jointly a director of children's services. This would, for example, allow adjoining authorities to reinforce arrangements for joint services.”
Guidance and other relevant material
Central government has issued statutory guidance entitled “Statutory Guidance on the Roles and Responsibilities of the Director of Children’s Services and Lead Member for Children’s Services”. It is available at www.everychildmatters.gov.uk/_files/15B8D6CB4AAA0C6EFCBE30CFEFD428D6.pdf
Further information about the role of the Director of Children’s Services is available at www.everychildmatters.gov.uk/strategy/dcsandlm/
Orders made under this section
The Children Act 2004 (Director of Children's Services) Appointed Day Order 2007 (SI 2007/1792). The Order is available at www.opsi.gov.uk/si/si2007/20071792.htm
SECTION 19 – LEAD MEMBER FOR CHILDREN’S SERVICES
The purpose of this section is to ensure that at officer level there is clear accountability for the provision of local authority children’s services.
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“Subsection (1)(a) requires a local authority in England to designate one of their members as lead member for children's services in respect of the functions of the authority set out in section 18(1) [in other words, the full range of functions that must fall within the remit of the Director of Children’s Services]. Subsection (1)(b) allows individual authorities to allocate to the lead member for children's services any additional functions they consider appropriate.
Further detail on which member should be designated as the lead member (depending on individual authorities' constitutional arrangements) and the role and responsibilities of the lead member will be set out in guidance issued by the Secretary of State under subsection (2).”
Guidance and other relevant material
Central government has issued statutory guidance entitled “Statutory Guidance on the Roles and Responsibilities of the Director of Children’s Services and Lead Member for Children’s Services”. It is available at www.everychildmatters.gov.uk/_files/15B8D6CB4AAA0C6EFCBE30CFEFD428D6.pdf
Further information about the role of lead member for children’s services is available at www.everychildmatters.gov.uk/strategy/dcsandlm/
SECTION 20 – JOINT AREA REVIEWS
The Explanatory Notes to the Children Act 2004 describe this section as follows:
“The purpose of this section is to make provision for joint area reviews of children's services (as defined in section 23(3)) to be carried out in the area of each children's services authority or the areas of particular children's services authorities.
Subsection (1) provides that the Secretary of State can request the inspectorates and commissions [such as Ofsted, the Audit Commission, the Chief Inspector of Prisons] to draw up a timetable for joint area reviews for his approval. Subsection (1)(a)(i) allows the request to include every children's services authority, depending which authority is being reviewed; subsection (1)(a)(ii) allows the request to cover some but not all of the children's services authorities. Subsection (1)(b) enables the Secretary of State to request two or more of the inspectorates to conduct a review of particular children's services in an area he specifies. Where the Secretary of State makes such a request the inspectorates in question are obliged to conduct the review.
Subsection (2) enables two or more of the inspectorates to conduct a review of a particular local authority's area on their own initiative.
Subsection (3) provides that the purpose of the review 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. The review will, in particular, consider the quality of children's services and how the bodies which provide those services work together.
Subsections (5) and (6) provides that any review must be conducted in accordance with arrangements made by Her Majesty's Chief Inspector of Schools ('chief inspector') and before making those arrangements he must consult the inspectorates as he considers appropriate.
Subsection (7) provides that the chief inspector's [i.e. Ofsted’s] annual report under 121 (1) of the Education and Inspections Act 2006 must include an account of reviews carried out under this section.
Subsection (8) enables the Secretary of State to make regulations in relation to reviews under this section. This may include making provision to require the persons or bodies inspected to produce information for the purposes of a review, or to authorise entry to premises for those conducting reviews and provision creating criminal offences to underpin these obligations. By virtue of subsections (9) and (10) provision can be made by applying existing provisions giving the inspectorates powers to conduct assessments for the purpose of reviews under section 20. 'Assessment', for the purposes of the section, is defined in section 23(2) (see below). Regulations may also impose requirements as to the making of a report on each review under this section and for specified persons to make written statements of the action they propose to take in light of the report and the period within which such action must or may be taken.”
Regulations made under this section
The Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973) have been made under this section. They are available at www.opsi.gov.uk/si/si2005/20051973.htm
Guidance and other relevant material
A set of resources about the conduct of joint area reviews is available at www.ofsted.gov.uk/publications/index.cfm?fuseaction=pubs.summary&id=3767