UKPGA-2017-16 Children and Social Work Act 2017 UK

to act in the best interests, and promote the physical and mental health and well-being, of those children and young people;

to encourage those children and young people to express their views, wishes and feelings;

to take into account the views, wishes and feelings of those children and young people;

to help those children and young people gain access to, and make the best use of, services provided by the local authority and its relevant partners;

to promote high aspirations, and seek to secure the best outcomes, for those children and young people;

for those children and young people to be safe, and for stability in their home lives, relationships and education or work;

to prepare those children and young people for adulthood and independent living.

children who are looked after by a local authority, within the meaning given by section 22(1) of the Children Act 1989;

relevant children within the meaning given by section 23A(2) of that Act;

persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act.

services which the local authority offers for care leavers as a result of its functions under the Children Act 1989;

other services which the local authority offers that may assist care leavers in, or in preparing for, adulthood and independent living.

health and well-being;

relationships;

education and training;

employment;

accommodation;

participation in society.

the placement by local authorities in England and Wales of children in secure accommodation in Scotland, and

the placement by local authorities in Scotland of children in secure accommodation in England and Wales.

who is supplied by a person (the “agent”) to do work for another person (a “principal”) under arrangements between the agent and the principal, and

who is not, as respects that work, a worker of the principal because of the absence of a worker’s contract between the individual and the principal.

require that agency workers used in connection with the children’s social care functions of an English local authority meet specified requirements;

make provision about the way in which such agency workers may be managed;

make provision about the terms on which such agency workers may be supplied to English local authorities (including the amounts which may be paid under such arrangements).

relationships education to be provided to pupils of compulsory school age receiving primary education at schools in England;

relationships and sex education to be provided (instead of sex education) to pupils receiving secondary education at schools in England.

requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education and to review the guidance from time to time;

requiring proprietors of schools to have regard to the guidance;

requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;

about the circumstances in which a pupil (or a pupil below a specified age) is to be excused from receiving relationships and sex education or specified elements of that education.

the pupils learn about—

the education is appropriate having regard to the age and the religious background of the pupils.

section 342 of the Education Act 1996;

Chapter 4 of Part 5 of the Education Act 1996;

Schedule 1 to the Education Act 1996;

Part 6 of the Education Act 2002;

Chapter 1 of Part 4 of the Education and Skills Act 2008;

the Academies Act 2010.

to pupils of compulsory school age receiving primary education at schools in England;

to pupils receiving secondary education at schools in England.

provision requiring the Secretary of State to give guidance to proprietors of schools in relation to the provision of the education;

provision requiring proprietors of schools to have regard to that guidance;

provision requiring proprietors of schools to make statements of policy in relation to the education to be provided, and to make the statements available to parents or other persons;

further provision in connection with the provision of the education.

section 342 of the Education Act 1996;

Chapter 4 of Part 5 of the Education Act 1996;

Schedule 1 to the Education Act 1996;

Part 6 of the Education Act 2002;

Chapter 1 of Part 4 of the Education and Skills Act 2008;

the Academies Act 2010.

to protect, promote and maintain the health, safety and well-being of the public;

to promote and maintain public confidence in social workers in England;

to promote and maintain proper professional standards for social workers in England.

permit or require the regulator to appoint one or more people or panels of people to advise the regulator on matters relating to its functions, and

make provision about the functions of people or panels so appointed.

payments to be made to those appointed;

staff, facilities or other assistance.

authorise the regulator to appoint a member of staff as a registrar;

make provision about the functions of the registrar;

make other provision in connection with the keeping of a register.

eligibility for registration or continued registration;

the combination of the registers mentioned in subsections (1) and (2);

categories of registration;

the procedure for dealing with registration applications;

expiry and renewal of entries;

the content of the register;

duties to provide information to the regulator;

suspension or removal from the register;

restoration of entries;

appeals against decisions in connection with registration;

publication of, or access to, the register or information contained in it;

the procedure for considering, investigating or determining any matter in connection with the register or registration (including standards of proof);

evidence in legal proceedings of matters contained in the register (including provision for a certificate to be conclusive proof).

the carrying out of social work in England;

the use, in relation to social work in England, of titles or descriptions specified in the regulations;

the holding out of a person as qualified to carry out social work in England.

consult such persons as the regulator considers appropriate, and

obtain the Secretary of State's approval of the standard.

determine and publish improvement standards for social workers in England;

carry out assessments of whether people meet improvement standards under paragraph (a).

consult such persons as the regulator considers appropriate, and

obtain the Secretary of State's approval of the standard.

courses of education or training for people who are or who wish to become social workers in England;

qualifications for people who are or who wish to become social workers in England.

the criteria for approval or continued approval;

the procedure for approval or renewal of approval;

duties to provide information to the regulator;

inspections in connection with the approval or continued approval of courses or qualifications (including provision for the appointment of people to carry out inspections);

appeals against decisions in connection with approval;

the publication of the scheme.

payments to be made to those appointed;

staff, facilities or other assistance.

make arrangements for protecting the public from social workers in England whose fitness to practise is impaired, and

make arrangements for taking other disciplinary action against social workers in England.

fitness to practise as a social worker in England,

discipline of social workers in England or registered students, and

the arrangements to be made under subsection (1) or (2).

the person by whom decisions about discipline or fitness to practise are to be taken on behalf of the regulator;

the appointment of assessors, examiners or legal or other advisers;

the circumstances in which disciplinary action may be taken or the circumstances in which a person's fitness to practise is impaired;

the procedure for considering, investigating or determining disciplinary matters or fitness to practise (including standard of proof);

powers to obtain information;

temporary measures that may be taken against a person pending the outcome of an investigation;

sanctions;

appeals against decisions;

publication of decisions.

payments to those persons;

staff, facilities or other assistance.

registration in a register mentioned in section 39;

prohibitions or restrictions imposed under section 40 (restrictions on practice and protected titles);

failing to comply with a requirement to provide documents or other information or to attend and give evidence under regulations under section 39 or 44;

providing false or misleading information or evidence in response to a requirement under regulations under section 39 or 44.

must provide for the offences to be triable summarily only, and

may not provide for the offences to be punishable with imprisonment.

to ensure that adequate provision is made for social work training, and

to encourage individuals resident in England to undertake social work training.

for individuals resident in England to undertake social work training;

for organisations providing social work training.

the terms and effect of an authorisation under subsection (3), and

the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,

any direction under subsection (1) were a direction under section 7 of that Act, and

any functions exercisable by the Special Health Authority by virtue of a direction under subsection (1) were exercisable under that section.

must be given by an instrument in writing, and

may be varied or revoked by subsequent directions.

transferring the functions of the Health and Care Professions Council under that section to the regulator;

giving the regulator power to charge fees for approving courses under that section.

authorise the regulator to arrange for another person to exercise functions on the regulator's behalf;

make provision about the setting of criteria for the approval or continued approval of courses;

make provision about inspections in connection with the approval or continued approval of courses (including provision for the appointment of people to carry out inspections);

make provision about the procedure for approval or renewal of approval;

make provision about duties to provide information;

make provision about appeals against decisions in connection with approval;

make provision limiting the regulator's power to approve courses run outside the United Kingdom to those run by institutions approved by the regulator or approved by a person with whom the regulator has made arrangements.

payments to be made to those appointed;

staff, facilities or other assistance.

at the beginning insert “ In relation to Wales ”;

for “the appropriate authority” substitute “ the Welsh Ministers ”.

registration or continued registration in a register mentioned in section 39;

assessing whether a person meets a professional standard relating to proficiency as mentioned in section 41(4);

approval or continued approval in accordance with a scheme mentioned in section 43.

consult any persons they consider appropriate, and

obtain the approval of the Secretary of State.

make provision requiring the regulator to publish or disclose information, or give advice, under subsection (1);

make other provision supplementing subsection (1).

Social Care Wales,

the Scottish Social Services Council,

the Northern Ireland Social Care Council, and

any other person specified in regulations made by the Secretary of State.

has defaulted in performing any functions and has not remedied the default, or

is likely to default in performing any function.

the procedure for determining whether the regulator has defaulted or is likely to default;

the procedure for giving remedial directions;

the steps that the Secretary of State may take if the regulator fails to comply with a remedial direction (which may include doing anything that the regulator can do);

the payment by the regulator of any expenses incurred by the Secretary of State (including expenses incurred in making payments to anyone acting on the Secretary of State's behalf).

confer power on the regulator to make rules;

make provision in connection with the procedure for making those rules (including provision requiring the regulator to obtain the Secretary of State's approval before making rules of a specified description).

property, rights and liabilities that could not otherwise be transferred;

property acquired, and rights and liabilities arising, after the making of the scheme.

create rights, or impose liabilities, in relation to property or rights transferred;

make provision about the continuing effect of things done by the old regulator in respect of anything transferred;

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the old regulator in respect of anything transferred;

make provision for references to the old regulator in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

make provision for the shared ownership or use of property;

if the TUPE regulations do not apply in relation to the transfer, make provision which is the same or similar.

for modification by agreement;

for modifications to have effect from the date when the original scheme came into effect.

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.

in subsection (1), omit paragraphs (ba) and (bb);

in subsection (2), in paragraphs (c) and (d), omit “(other than the social work profession in England)”;

omit subsection (2ZA);

in subsection (2ZC), omit paragraph (o);

for subsection (2ZE) substitute—;

in the heading, for “, social workers, other care” substitute “ and social care ”.

in subsection (2A), omit paragraph (b);

in subsection (2A)(c), for “that section” substitute “ section 60 ”;

in subsection (3), omit “or the social work profession in England (within the meaning given in section 60(2ZA)”.

in paragraph 10, for the definitions of “social care work in England”, “social care workers in England” and “the social work profession in England” substitute—;

in paragraph 11(2A)(b), for “members of the social work profession in England” substitute “ engaging in social work in England ”.

review the operation of this Part during the review period, and

send a report to the Secretary of State on the findings of the review.

consequential, supplementary, incidental, transitional or saving provision;

different provision for different purposes.

section 10 and Schedule 1;

this Part.

The Children Act 1989 is amended as follows.

is to extend also to Scotland, and

is amended as follows.

for “or local authority in Wales” substitute “ in England or Wales ”;

after “accommodation in England” insert “ or Scotland ”.

in paragraphs (a)(i) and (ii) and (b), after “secure accommodation in England” insert “ or Scotland ”;

in paragraph (c), for “or local authorities in Wales” substitute “ in England or Wales ”.

in paragraph (c), after “secure accommodation in England” insert “ or Scotland ”;

after that paragraph, insert—

In paragraph 19(9) of Schedule 2 (restrictions on arrangements for children to live abroad), after “does not apply” insert.

The Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) are amended as follows.

In regulation 1—

in the heading, for “and commencement” substitute “ , commencement and extent ”;

the existing text becomes paragraph (1);

after that paragraph insert—

In regulation 2(1) (interpretation), in the definition of “children's home”, for the words from “means” to the end, substitute “means—

a private children's home, a community home or a voluntary home in England, or

an establishment in Scotland (whether managed by a local authority, a voluntary organisation or any other person) which provides residential accommodation for children for the purposes of the Children's Hearings (Scotland) Act 2011, the Children (Scotland) Act 1995 or the Social Work (Scotland) Act 1968”.

For regulation 3 substitute—

In regulation 17 (records), in the words before paragraph (a), after “children's home” insert “ in England ”.

The Secure Accommodation (Scotland) Regulations 2013 (S.S.I. 2013 No. 205) are amended as follows.

In regulation 5 (maximum period in secure accommodation), after paragraph (2) insert—

In regulation 15 (records to be kept by managers of secure accommodation in Scotland), after paragraph (2) insert—

In Article 7 of the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013 No. 1465) (compulsory supervision orders and interim compulsory supervision orders), after paragraph (2) insert—

In section 124(9) of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (restrictions on arrangements for children to live outside England and Wales), after “does not apply” insert.

The amendments made by this Schedule to provisions of subordinate legislation do not affect the power to make further subordinate legislation amending or revoking the amended provisions.

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the table, at the appropriate place insert—

In paragraph 1(2)(a) of Schedule 2 to the Children Act 1989 (information to be published by a local authority), in paragraph (i), for “, 23B to 23D, 24A and 24B” substitute “ and 23D ”.

In section 135(1)(e) of the Education and Inspections Act 2006 (functions subject to inspection), for “or the Adoption and Children Act 2002 (c. 38)” substitute “ , the Adoption and Children Act 2002 or section 2 of the Children and Social Work Act 2017 ”.

In section 30 of the Children and Families Act 2014 (local offer for children and young people who have special educational needs or a disability), for “local offer”, in each place it occurs (including the title), substitute “ SEN and disability local offer ”.

In paragraph 1(1)(g) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (kinds of support for which certain people are ineligible), after “23C,” insert “ 23CZB, ”.

In section 83A(5)(a) of the Apprenticeships, Skills, Children and Learning Act 2009 (apprenticeship offer: application to persons provided with support under Children Act 1989)—

for “21” substitute “ 25 ”;

after “23C” insert “ or 23CZB ”.

In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions of local authorities), in the entry relating to the Children Act 2004—

for “13 to 16” substitute “ 16A to 16Q ”;

omit “targets for”;

omit “, and to Local Safeguarding Children Boards”.

at the beginning insert “ Where the registrar's sub-district is in Wales, ”;

omit “Local Safeguarding Children Board in England or”.

for “Board” substitute “ authority ”;

in paragraph (a), for “the Local Safeguarding Children Board in England in whose area” substitute “ in relation to a register kept for a sub-district in England, the child death review partners for the local authority area within which ”;

in paragraph (b), at the beginning insert “ in relation to a register kept for a sub-district in Wales, ”.

as a servant or agent of the Crown, or

as enjoying any status, immunity or privilege of the Crown.

The regulator is to consist of—

a chair appointed by the Secretary of State, and

such other members as the Secretary of State may appoint.

A member holds and vacates office in accordance with the terms of the member's appointment (subject as follows).

A member may resign by giving written notice to the Secretary of State.

The Secretary of State may by notice in writing remove a member who—

has without reasonable excuse failed to discharge the functions of his or her office, or

in the opinion of the Secretary of State is otherwise unable or unfit to carry out his or her duties.

The regulator may pay to the members such remuneration, allowances and expenses as the Secretary of State may decide.

If required to do so by the Secretary of State, the regulator must—

pay such pensions or gratuities to or in respect of any member as the Secretary of State may decide;

pay such sums as the Secretary of State may decide towards provision for the payment of pensions or gratuities to or in respect of any member.

The regulator may appoint other staff.

The regulator may determine its own procedure (including quorum).

No proceeding is invalidated by—

a vacancy in the office of chair, or

a defect in the appointment of any member.

include the power conferred by that sub-paragraph, but

do not include any power or duty to make rules.

the regulator considers that the delegation is likely to lead to an improvement in the exercise of its functions, and

the person has agreed to the terms of the delegation.

the power conferred by that sub-paragraph, or

any power or duty to make rules.

wholly or partly;

generally or only in specified circumstances;

unconditionally or subject to specified conditions.

is a member of a committee or sub-committee, but

is not a member or member of staff of the regulator.

As soon as possible after the end of each financial year, the regulator must send the Secretary of State a report on the exercise of its functions during the year.

the Secretary of State, and

the Comptroller and Auditor General,

examine, certify and report on the statement of accounts, and

send a copy of the certified statement and of the report to the Secretary of State as soon as possible.

The Secretary of State must, in respect of each financial year, lay before Parliament a document consisting of—

the annual report sent under paragraph 17, and

the certified statement of accounts and report sent under paragraph 18(5)(b).

In paragraphs 17 to 19 “financial year” means—

the period beginning with the day on which this Schedule comes fully into force and ending with the following 31 March, and

every subsequent period of 12 months ending with 31 March.

The application of the regulator's seal must be authenticated by the signature of—

a member of the regulator, or

any other person who is authorised (generally or specially) for that purpose.

A document purporting to be duly executed under the seal of the regulator—

is to be received in evidence, and

is to be treated as so executed unless the contrary is shown.

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), at the appropriate place insert— “ Social Work England. ”

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ Social Work England. ”

The National Health Service Reform and Health Care Professions Act 2002 is amended as follows.

After section 25A insert—

In section 25C (appointments to regulatory bodies), in subsection (7), after “Northern Ireland” insert “ or Social Work England ”.

In section 25E (section 25D: interpretation), omit subsections (10) and (11).

In section 25F (establishment of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “ and users of social care in England ”.

In section 25G (power of the Authority to accredit voluntary registers), after subsection (9) insert—

In section 25H (accreditation of voluntary register: impact assessment), in subsection (3)(c), for “, users of social care in England and users of social work services in England” substitute “ and users of social care in England ”.

In section 25I (functions of the Authority in relation to accredited voluntary registers), in subsection (1)(a), omit “, users of social work services in England”.

In section 27 (regulatory bodies and the Authority), in subsection (2), after “regulatory body” insert “ other than Social Work England ”.

In section 28 (complaints), in subsection (1), after “regulatory body” insert “ other than Social Work England ”.

In section 18(e) of the London County Council (General Powers) Act 1920, after “under the Health and Social Work Professions Order 2001” insert “ or section 39(1) of the Children and Social Work Act 2017 ”.

In section 58 of the Medicines Act 1968, omit subsection (1ZA).

In section 3 of the Video Recordings Act 1984, omit subsection (11A).

In section 4 of the London Local Authorities Act 1991, in paragraph (c) of the definition of “establishment for special treatment”, after “under the Health and Social Work Professions Order 2001” insert “ or section 39(1) of the Children and Social Work Act 2017 ”.

In Part 2 of Schedule 9 to the Value Added Tax Act 1994, in the Notes to Group 7, omit note (2ZA).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Care Standards Act 2000 is amended as follows.

omit paragraph (a) (including the “and” at the end), and

in paragraph (b), omit “other”.

The Health and Social Work Professions Order 2001 (SI 2002/254) is amended as follows.

in paragraph (ii), after “registrants or” insert “ other ”;

at end of paragraph (iv) insert “ and ”;

omit paragraphs (vi) and (vii).

In article 6(3)(aa), omit “or social work”.

In article 7(4), omit “or social work”.

In article 11A, omit paragraph (11).

at the end of sub-paragraph (b) insert “ or ”;

omit sub-paragraph (d) and the “or” before it.

at the end of sub-paragraph (a) insert “ and ”;

omit sub-paragraph (c) and the “and” before it.

For the heading of article 13A substitute “ Visiting health professionals from relevant European States ”.

Omit article 13B.

In article 19(2A)(b), omit “or social work”.

In article 20, omit the words from “; but the reference” to the end.

In article 39, omit paragraph (1A).

In Schedule 1, in paragraph 1A(1)(b), omit paragraph (ia) (but not the “and” at the end).

In section 343(2) of the Income Tax (Earning and Pensions) Act 2003, in paragraph 1 of the Table, after sub-paragraph (r) insert—

In section 126 of the National Health Service Act 2006, for subsection (4A) substitute—

In section 80 of the National Health Service (Wales) Act 2006, for subsection (4A) substitute—

In section 257(3) of the Armed Forces Act 2006, for paragraph (a) substitute—.

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

In section 41(7), in the table, after entry 10 insert—

In Schedule 3, in paragraph 16(4), after paragraph (l) insert—

In section 30A(6) of the Protection of Vulnerable Groups (Scotland) Act 2007—

omit “the social work profession in England or”;

for “each of those expressions having the same meaning as in” substitute “ within the meaning of ”.

In the Health and Social Care Act 2012 omit sections 213, 215 and 216.

The Regulation and Inspection of Social Care (Wales) Act 2016 is amended as follows.

In section 111(4)(b)—

in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

In section 117(4)(a)—

in the Welsh text, after “Gofal” insert “ neu Waith Cymdeithasol Lloegr ”;

in the English text, after “Council” insert “ or Social Work England ”.

In section 119(4)(a)(ii)—

in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

In section 125(5)(a)(ii)—

in the Welsh text, for “y Cyngor Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

In section 174(5)(a)(ii)—

in the Welsh text, for “Cyngor y Proffesiynau Iechyd a Gofal” substitute “ Gwaith Cymdeithasol Lloegr ”;

in the English text, for “the Health and Care Professions Council” substitute “ Social Work England ”.

For the title to the Health and Social Work Professions Order 2001 (SI 2002/254) substitute “ Health Professions Order 2001 ”.

In article 1(1) of that Order (citation), for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”.

In the following provisions, for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”

section 18(e) of the London County Council (General Powers) Act 1920;

section 3(11) of the Video Recordings Act 1984;

114ZA(4) of the Mental Health Act 1983;

paragraph (E) in the entry for the London County Council (General Powers) Act 1920 in Schedule 2 to the Greater London Council (General Powers) Act 1984;

paragraph (c) of the definition of “establishment for special treatment” in section 4 of the London Local Authorities Act 1991;

item 1(c) in Group 7, in Part 2 of Schedule 9 to the Value Added Tax Act 1994;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 60(2)(c) of the Health Act 1999;

sections 25C(8)(h) and 29(1)(j) of the National Health Service Reform and Health Care Professions Act 2002;

section 126(4)(a) of the National Health Service Act 2006;

section 80(4)(a) of the National Health Service (Wales) Act 2006;

entry 10 in the table in section 41(7) of the Safeguarding Vulnerable Groups Act 2006.

In the definition of “registered psychologist” in each of the following provisions, for “the Health and Social Work Professions Order 2001” substitute “ the Health Professions Order 2001 ”

section 307(1) of the Criminal Procedure (Scotland) Act 1995;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

section 21(2)(b) of the Criminal Justice (Scotland) Act 2003;

section 25 of the Gender Recognition Act 2004.