Care Standards (c. 14)

(The document as of February, 2008)

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(a) ascertaining what training is required by persons who are or wish to become social care workers;

(b) ascertaining what financial and other assistance is required for promoting such training;

(d) drawing up occupational standards for social care workers.

(2) The appropriate Minister shall encourage persons to take part in courses approved by a Council under section 63 and other courses relevant to the training of persons who are or wish to become social care workers.

(3) If it appears to the appropriate Minister that adequate provision is not being made for training persons who are or wish to become social care workers, the appropriate Minister may provide, or secure the provision of, courses for that purpose.

(4) The appropriate Minister may, upon such terms and subject to such conditions as the Minister considers appropriate--

(a) make grants, and pay travelling and other allowances, to persons resident in England and Wales, in order to secure their training in the work of social care workers;

(b) make grants to organisations providing training in the work of social care workers.

(5) Any functions of the Secretary of State under this section--

(a) may be delegated by him to the English Council; or

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.

(6) Any functions of the Assembly under this section--

(a) may be delegated by the Assembly to the Welsh Council; or

(b) may be exercised by any person, or by employees of any person, authorised to do so by the Assembly.

(7) For the purpose of determining--

(a) the terms and effect of an authorisation under subsection (5)(b) or (6)(b); and

(b) the effect of so much of any contract made between the appropriate Minister and the authorised person as relates to the exercise of the function,

Part II of the [1994 c. 40.] Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly; and in subsection (5)(b) and (6)(b) "employee" has the same meaning as in that Part.

Miscellaneous and supplemental

68 Appeals to the Tribunal

(1) An appeal against a decision of a Council under this Part in respect of registration shall lie to the Tribunal.

(2) On an appeal against a decision, the Tribunal may confirm the decision or direct that it shall not have effect.

(3) The Tribunal shall also have power on an appeal against a decision--

(a) to vary any condition for the time being in force in respect of the person to whom the appeal relates;

(b) to direct that any such condition shall cease to have effect; or

69 Publication etc. of register

(1) A Council shall publish the register maintained by it in such manner, and at such times, as it considers appropriate.

(2) Any person who asks the Council for a copy of, or of an extract from, the register shall be entitled to have one.

70 Abolition of Central Council for Education and Training in Social Work

(1) The Central Council for Education and Training in Social Work (referred to in this Act as "CCETSW") shall cease to exercise in relation to England and Wales the functions conferred on it by or under section 10 of the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983.

(2) Her Majesty may by Order in Council make a scheme under subsection (3), or make any provision under subsection (4), which She considers necessary or expedient in consequence of the functions of CCETSW referred to in subsection (1) ceasing, by virtue of that subsection, an Act of the Scottish Parliament or an Act of the Northern Ireland Assembly, to be exercisable in relation to any part of the United Kingdom.

(3) A scheme may provide--

(a) for the transfer to the new employer of any eligible employee;

(b) for the transfer to any person of any property belonging to CCETSW;

(c) for any person to have such rights and interests in relation to any property belonging to CCETSW as Her Majesty considers appropriate (whether in connection with a transfer or otherwise);

(d) for the transfer to any person of any liabilities of CCETSW.

(4) The Order in Council may make--

(a) any supplementary, incidental or consequential provision;

(b) any transitory, transitional or saving provision,

including provision amending Schedule 3 to that Act or repealing that Schedule, section 10 of that Act and any reference in any enactment to CCETSW.

(5) In this section--

"eligible employee" means a person who is employed under a contract of employment with the old employer;
"new employer" means--
(a)
in relation to England or Wales, the Council;
(b)
in relation to Scotland or Northern Ireland, any body established under a provision of the law of Scotland or (as the case may be) Northern Ireland which appears to Her Majesty to perform functions corresponding to those of a Council;
"old employer" means CCETSW;
"property" includes rights and interests of any description.

71 Rules

(1) Any power of a Council to make rules under this Part may be exercised--

(a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and

(b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes.

(2) Rules made by a Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council's functions.

(3) In particular, the rules may make provision for the payment of such fees in connection with--

(a) registration (including applications for registration or for amendment of the register);

(b) the approval of courses under section 63;

(d) the provision of copies of codes of practice or copies of, or extracts from, the register,

including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify.

(4) No rules shall be made by a Council under this Part without the consent of the appropriate Minister.

9 Part V The Children's Commissioner for Wales

72 Children's Commissioner for Wales

(1) There shall be an office of the Children's Commissioner for Wales or Comisiynydd Plant Cymru.

(2) Schedule 2 shall have effect with respect to the Children's Commissioner for Wales (referred to in this Act as "the Commissioner").

73 Review and monitoring of arrangements

(1) The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children to whom this Part applies.

(2) The arrangements falling within this subsection are the arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for dealing with complaints or representations in respect of such services made by or on behalf of children to whom this Part applies.

(3) The arrangements falling within this subsection are arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for ensuring that proper action is taken in response to any disclosure of information which may tend to show--

(a) that a criminal offence has been committed;

(b) that a person has failed to comply with any legal obligation to which he is subject;

(d) that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,

in the course of or in connection with the provision of such services.

(4) The arrangements falling within this subsection are arrangements made (whether by providers of regulated children's services in Wales, by the Assembly or by any other person) for making persons available--

(a) to represent the views and wishes of children to whom this Part applies; or

(b) to provide such children with advice and support of any prescribed kind.

(5) Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.

74 Examination of cases

(1) Regulations may make provision for the examination by the Commissioner of the cases of particular children to whom this Part applies.

(2) The regulations may include provision about--

(a) the types of case which may be examined;

(b) the circumstances in which an examination may be made;

(d) the publication of reports following an examination.

(3) The regulations may make provision for--

(a) requiring persons to provide the Commissioner with information; or

(b) requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,

for the purposes of an examination or for the purposes of determining whether any recommendation made in a report following an examination has been complied with.

(4) For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of--

(a) the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and

(b) the provision of information.

(5) No person shall be compelled for the purposes mentioned in subsection (3) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.

(6) The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information for the purposes mentioned in subsection (3).

75 Obstruction etc

(1) The Commissioner may certify an offence to the High Court where--

(a) a person, without lawful excuse, obstructs him or any member of his staff in the exercise of any of his functions under regulations made by virtue of section 73(5) or 74; or

(b) a person is guilty of any act or omission in relation to an examination under regulations made by virtue of section 74 which, if that examination were proceedings in the High Court, would constitute contempt of court.

(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing--

(a) any witnesses who may be produced against or on behalf of the person charged with the offence; and

(b) any statement that may be offered in defence,

the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.

76 Further functions

(1) Regulations may confer power on the Commissioner to assist a child to whom this Part applies--

(a) in making a complaint or representation to or in respect of a provider of regulated children's services in Wales; or

(b) in any prescribed proceedings,

and in this subsection "proceedings" includes a procedure of any kind and any prospective proceedings.

(2) For the purposes of subsection (1), assistance includes--

(a) financial assistance; and

(b) arranging for representation, or the giving of advice or assistance, by any person,

and the regulations may provide for assistance to be given on conditions, including (in the case of financial assistance) conditions requiring repayment in circumstances specified in the regulations.

(3) The Commissioner may, in connection with his functions under this Part, give advice and information to any person.

(4) Regulations may, in connection with the Commissioner's functions under this Part, confer further functions on him.

(5) The regulations may, in particular, include provision about the making of reports on any matter connected with any of his functions.

(6) Apart from identifying any person investigated, a report by the Commissioner shall not--

(a) mention the name of any person; or

(b) include any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report to mention his name or include such particulars.

(7) For the purposes of the law of defamation, the publication of any matter by the Commissioner in a report is absolutely privileged.

77 Restrictions

(1) This Part does not authorise the Commissioner to enquire into or report on any matter so far as it is the subject of legal proceedings before, or has been determined by, a court or tribunal.

(2) This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person.

78 Interpretation

(1) This Part applies to a child to or in respect of whom regulated children's services in Wales are provided.

(2) In this Part, "regulated children's services in Wales" means any of the following services for the time being provided in respect of children--

(a) services of a description provided by or in Part II undertakings, so far as provided in Wales;

(b) services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;

(d) accommodation provided by schools or by an institution within the further education sector (as defined in section 91 of the [1992 c. 13.] Further and Higher Education Act 1992), so far as provided in Wales.

(3) For the purposes of this Part--

(a) in the case of the services mentioned in subsection (2)(a), the person who carries on the Part II undertaking is to be treated as the provider of the services;

(b) in the case of the services mentioned in subsection (2)(d), the relevant person (as defined in section 87 of the 1989 Act) is to be treated as the provider of the services.

(4) For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.

(5) Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.

(6) Regulations may provide--

(a) for this Part to be treated as having applied to a child at any time before the commencement of this Part if regulated children's services in Wales were at that time provided to or in respect of him;

(b) for references in this Part to children to whom this Part applies to include references to persons who, at any prescribed time, were such children.

(7) In this Part--

"information" includes information recorded in any form;
"regulations" means regulations made by the Assembly.

(8) In this section, "relevant adoption functions" and "relevant fostering functions" have the same meanings as in Part III.

Part VI Child minding and day care

79 Amendment of Children Act 1989

(1) After Part X of the 1989 Act (child minding and day care for young children) there shall be inserted--

" Part XA Child Minding and Day Care for Children in England and Wales

Introductory

79A Child minders and day care providers

(1) This section and section 79B apply for the purposes of this Part.

(2) "Act as a child minder" means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and "child minding" shall be interpreted accordingly.

(3) A person who--

(a) is the parent, or a relative, of a child;

(b) has parental responsibility for a child;

(d) is a foster parent with whom a child has been placed by a voluntary organisation; or

(e) fosters a child privately,

does not act as a child minder when looking after that child.

(4) Where a person--

(a) looks after a child for the parents ("P1"), or

(b) in addition to that work, looks after another child for different parents ("P2"),

and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1's home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1's home or P2's home or both, the work is not to be treated as child minding.

(5) In subsection (4), "parent", in relation to a child, includes--

(a) a person who is not a parent of the child but who has parental responsibility for the child;

(b) a person who is a relative of the child.

(6) "Day care" means care provided at any time for children under the age of eight on premises other than domestic premises.

(7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours.

(8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded.

79B Other definitions, etc

(1) The registration authority in relation to England is Her Majesty's Chief Inspector of Schools in England (referred to in this Part as the Chief Inspector) and references to the Chief Inspector's area are references to England.

(2) The registration authority in relation to Wales is the National Assembly for Wales (referred to in this Act as "the Assembly").

(3) A person is qualified for registration for child minding if--

(a) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight;

(b) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight;

(c) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed by the registration authority.

(4) A person is qualified for registration for providing day care on particular premises if--

(a) every person looking after children on the premises is suitable to look after children under the age of eight;

(b) every person living or working on the premises is suitable to be in regular contact with children under the age of eight;

(c) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and

(d) he is complying with regulations under section 79C and with any conditions imposed by the registration authority.

(5) For the purposes of subsection (4)(b) a person is not treated as working on the premises in question if--

(a) none of his work is done in the part of the premises in which children are looked after; or

(b) he does not work on the premises at times when children are looked after there.

(6) "Domestic premises" means any premises which are wholly or mainly used as a private dwelling and "premises" includes any area and any vehicle.

(7) "Regulations" means--

(a) in relation to England, regulations made by the Secretary of State;

(b) in relation to Wales, regulations made by the Assembly.

(8) "Tribunal" means the Tribunal established by section 9 of the [1999 c. 14.] Protection of Children Act 1999.

(9) Schedule 9A (which supplements the provisions of this Part) shall have effect.

Regulations

79C Regulations etc. governing child minders and day care providers

(1) The Secretary of State may, after consulting the Chief Inspector and any other person he considers appropriate, make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in England.

(2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales.

(3) The regulations under this section may deal with the following matters (among others)--

(a) the welfare and development of the children concerned;

(b) suitability to look after, or be in regular contact with, children under the age of eight;

(d) the maximum number of children who may be looked after and the number of persons required to assist in looking after them;

(e) the maintenance, safety and suitability of premises and equipment;

(f) the keeping of records;

(g) the provision of information.

(4) In relation to activities on premises in England, the power to make regulations under this section may be exercised so as to confer powers or impose duties on the Chief Inspector in the exercise of his functions under this Part.

(5) In particular they may be exercised so as to require or authorise the Chief Inspector, in exercising those functions, to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations.

(6) If the regulations require any person (other than the registration authority) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account--

(a) by the registration authority in the exercise of its functions under this Part, or

(b) in any proceedings under this Part.

(7) Regulations may provide--

(a) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and

(b) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Registration

79D Requirement to register

(1) No person shall--

(a) act as a child minder in England unless he is registered under this Part for child minding by the Chief Inspector; or

(b) act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly.

(2) Where it appears to the registration authority that a person has contravened subsection (1), the authority may serve a notice ("an enforcement notice") on him.

(3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served.

(4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse (whether the contravention occurs in England or Wales), he shall be guilty of an offence.

(5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises by the registration authority.

(6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

79E Applications for registration

(1) A person who wishes to be registered under this Part shall make an application to the registration authority.

(2) The application shall--

(a) give prescribed information about prescribed matters;

(b) give any other information which the registration authority reasonably requires the applicant to give.

(3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them.

(4) Where the registration authority has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the authority.

(5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

79F Grant or refusal of registration

(1) If, on an application by a person for registration for child minding--

(a) the registration authority is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable); and

(b) the applicant pays the prescribed fee,

the authority shall grant the application; otherwise, it shall refuse it.

(2) If, on an application by any person for registration for providing day care on any premises--

(a) the registration authority is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable); and

(b) the applicant pays the prescribed fee,

the authority shall grant the application; otherwise, it shall refuse it.

(3) An application may, as well as being granted subject to any conditions the authority thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the authority thinks fit to impose.

(4) The registration authority may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition.

(5) Any register kept by a registration authority of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times.

(6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

79G Cancellation of registration

(1) The registration authority may cancel the registration of any person if--

(a) in the case of a person registered for child minding, the authority is of the opinion that the person has ceased or will cease to be qualified for registration for child minding;

(b) in the case of a person registered for providing day care on any premises, the authority is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises,

or if an annual fee which is due from the person has not been paid.

(2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person under section 79F(3), his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if--

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