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What We Must Do
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Source
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Local Government:
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Actions specific to children and young people
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Local authorities should ensure that their early years provision has regard to such information about the views of young children as is available to the local authority and appears to them to be relevant to the discharge of those duties.
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Childcare Act 2006 Section 3(5)
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Children’s Services Authorities should also produce a Children and Young People’s Plan. i Regulations (published in 2005 and revised in 2007) state that while preparing this plan the local authority should consult with children and relevant young persons in the area of the authority.
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i Children Act 2004 Section 17(1)
Children and Young People's Plan (England) Regulations 2005 Section 7(1)(a)
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When developing its positive leisure time activities, the local authority should ask 13 to 19-year-olds (or up to 25-year-olds if they have a learning disability) their views on the need for additional activities and facilities and their ability to access such activities and facilities. They must ensure that the views of these young people are taken into account.
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Education and Inspection Act 2006 Section 6 (9)(a) and (b)
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Government, working with partners, should support the active participation of young people and their families in the commissioning, design and delivery of services (Priority Action 5). Indicator includes levels of participation in positive activities (baseline data to be collected 2008-9). This includes participation in a youth forum, focus group or a meeting outside school about making things better in the local area. Participation will be recorded under a number of categories (yet to be defined, but could include 'young-person empowerment').
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Public Service Agreement 14: increasing the number of people on the path to success
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General
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Local authorities have the power to promote the well-being of the local area on economic, social or environmental grounds.i They should write a community strategy that outlines how they will fulfil this duty and should seek to consult and secure the participation of such persons as they consider appropriate. ii
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i Local Government Act 2000 Section 2(1)
ii Local Government Act 2000 Section 4 (3)(A) as ammended by Sustainable Communities Act 2007 Section 7(2)
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Local authorities can send ideas to improve the sustainability of the local area to the Secretary of Statei, but only after consulting a panel of local people including underrepresented groups.ii The local authority then passes these ideas to the “selector” (the Local Government Association) who in discussion with central government create a shortlist.iii The government will respond to all of the suggestions that are shortlisted by the selector and will publish an action plan setting out how it will take forward the suggestions that it adopts. iv
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i Sustainable Communities Act 2007 Section 2
ii Sustainable Communities Act 2007 Section 2(4)(a) and 2(5)(a)
iii Sustainable Communities Act 2007 Section 3(1)
iv Sustainable Communities Act 2007 Section 4 |
| The Secretary of State must provide a “Local Spending Reports” which details the expenditure of local authorities, a government department and any other person exercising public functions. |
Sustainable Communities Act 2007 Section 6 |
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When developing a homelessness strategy the local authority should consult with other public or local authorities, voluntary organisations or other persons as they consider appropriate.
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Homelessness Act 2002 Section 3(8)
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When developing a crime and disorder strategy, the local authority should obtain the views on that report of persons or bodies in the area, whether by holding public meetings or otherwise.i The Secretary of State can prescribe who should be consulted.ii
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i Crime and Disorder Act 1998 Section 6(2)
ii Crime and Disorder Act 1998 Section 5(3)
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When preparing a local development plan they must include a statement of community involvement, in which they set out their policy on involving their community in preparing regional spatial strategies, local development documents and consulting on planning applications.
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Planning and Compulsory Purchase Act 2004, Section 18
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Local authority Electoral Registration Officers must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area for which he acts.i
Note, this duty applies only to individuals who are entitled to vote at an election – individuals registered on the electoral roll and of voting age (18) at the time of the election.ii
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i Electoral Administration Act 2006, Section 69(1)
ii Representation of the People Act 1983, Section 1(1) as amended by Representation of the People Act 2000, Section 1(1)
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Government aims to build empowered communities where children and young people “are given opportunities to participate and influence decision-making as confident and responsible citizens”. Indicator 3 focuses on "the percentage of people who feel that they belong to their neighbourhood" and Indicator 4 on "the percentage of people who feel they can influence decisions in their locality".
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Public Service Agreement 21 - Build more cohesive, empowered and active communities
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Health providers
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General
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Strategic health authorities (SHAs), primary care trusts (PCTs), NHS trusts and
NHS foundation trusts, or those delivering services on their behalf, must make arrangements to ensure that service users, whether directly or through representatives, are involved in:
· the planning of the provision of those services
· the development and consideration of proposals for changes in the way those services are provided
· decisions to be made by that body affecting the operation of those services.
The duty applies if implementation of the proposal, or a decision (if made), would have an impact on the way the service is delivered or available.
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NHS Act 2006, Section 242
Note, this was originally Section 11 of the Health and Social Care Act 2001 but consolidated into the NHS Act 2006 and then amended by section 233 of the Local Government and Public Involvement in Health Act 2007
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The Secretary of State can provide independent advocacy services for people making or intending to make a complaint.
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NHS Act 2006, Section 248
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Each local authority must enter into a contractual relationship with an independent body to ensure the involvement of local people in the commissioning, provision and scrutiny of health and social care services. These new arrangements will be known as Local Involvement Networks (LINks).i
These networks have the right to enter premises, refer social care matters to the local Overview and Scrutiny Committee and produce an annual report (excluding children's social care services).ii
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i Local Government and Public Involvement in Health Act 2007, Section 221
ii The Local Involvement Networks Regulations 2008
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Each SHA and PCT must (at times directed by the Secretary of State) prepare a report on the consultation carried out, or proposed to be carried out, before it makes commissioning decisions, and on the influence that the results of the consultation have on its commissioning decisions. The duty includes reports by a PCT and also applies to consultations not undertaken by a PCT itself but which have an impact on commissioning decisions.
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Local Government and Public Involvement in Health Act 2007, Section 234
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Indicator 5 (parents’ experience of services for disabled children and the ‘core offer’) will be based on a survey of parents of disabled children at local authority level. This will assess the level of participation of disabled children and their families in service planning, commissioning and delivery.
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Public Service Agreement 12: Improve the health and well-being of children and young people
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Education providers
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Actions specific to children and young people
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Local education authorities and governing bodies are required to have regard to guidance on pupil consultation, including Pupil Referral Units. The Government has now included nursery education in this provision.
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Education Act 2002 Section 176
Note that this guidance has now been published by DCSF (2008) 'Working Together: Listening to the voices of children and young people'
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Regulations for school governors allow for the appointment of ‘associate members’ of a committee of a school governing body. Associate members can be under 18; there is no lower age limit. An associate member is not a governor. She or he can be a member of any committee of the governing body and can hold office for four years, with reappointment possible.
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School Governance (Constitution) (England) Regulations (2003), Regulation 11
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An excluded pupil under the age of 18 should normally be allowed to attend the exclusion hearing and to speak on his or her own behalf, if he or she wishes to do so and the parent agrees.
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Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units
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Every school must have a behaviour policy. In preparing this policy, governors should ensure that registered pupils at the school are consulted.
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Education and Inspection Act 2006 Section 88(3)(d)
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Her Majesty's Chief Inspector of Schools in England (Ofsted) must have regard for and include any views expressed to him by registered pupils (as well as other stakeholders) at the school.
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Education Act 2005 Section 7(f)
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Best value authorities
The Government has prescribed some public authorities as a ‘best value authority’ with a number of specific duties applying to them: a local authority (excluding parish councils); a National Park authority; the Broads Authority; a police authority; a fire authority constituted by a combination scheme and a metropolitan county fire and civil defence authority; the London Fire and Emergency Planning Authority; a waste disposal authority; a metropolitan county passenger transport authority; Transport for London; the London Development Agency.[1]
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The authority must ensure that when attempting to improve its services they consult representatives of persons who use or are likely to use those services and representatives of persons appearing to the authority to have an interest in any area within which the authority carries out its functions.
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Local Government Act 1999 Section 3(2)
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Excluding police authorities, when consulting the authority should:
· Provide information about the exercise of the function
· Consult about the exercise of the function or
· Be involved in another way.
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Local Governemnt and Public Involvement in Health Act 2007 Section 138 creates new Local Government Act 1999 Section 3A(1)(a) to (c)
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Specific communities of children
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The first PSA of its type concerned with tackling discrimination and disadvantage due to identity, including age. Indicator 3 focuses on "participation in public life by women, ethnic minorities, disabled people and young people".
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Public Service Agreement 15: Address the disadvantage that individuals experience because of their gender, race, disability, age, sexual orientation, religion or belief
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Adoption
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Any court or adoption agency making a decision about the adoption of a child must have regard to the child’s ascertainable wishes and feelings about the decision (considered in the light of the child’s age and understanding).
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Adoption and Children Act 2002 Section 1(4)(a)
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Requiring rules of court to be prepared on the separate representation of children in family proceedings.
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Adoption and Children Act 2002 Section 122 creates new Section 93(2)(bb) of the Children Act 1989
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The making or revocation of an Adoption Placement Order is a "specified proceeding" ensuring that a guardian ad litem must be appointed to safeguard the interests of the child in the proceedings.
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Adoption and Children Act 2002 Section 122 creates new Section 41(6)(hh) of the Children Act 1989
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Children in need
Children in need are described as:
· Disabled; or
· Unlikely to have, or to have the opportunity to have, a reasonable standard of health or development without services from a local authority; or
· Unlikely to progress in terms of health or development; or
· Unlikely to progress in terms of health or development, without services from a local authority.
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Local authorities, so far as is reasonably practicable and consistent with the child’s welfare, ascertain the wishes and feelings of a child in need and to give them due consideration (having regard to the child’s age and understanding).
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Children Act 2004 Section 53 creates new Children Act 1989 section 17(4A)
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Children in need of protection
Defined as subject of an emergency protection order; in police protection; or the local authority has reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm.
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Local authorities to, so far as is reasonably practicable and consistent with the child’s welfare, ascertain the child’s wishes and feelings of a child at risk of significant harm and give them due consideration (having regard to the child’s age and understanding).
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Children Act 2004 Section 53 creates new Children Act 1989 section 47(5A)
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Disabled children
This is defined as a physical or mental impairment that has a substantial and long-term adverse effect on a child's ability to carry out normal day-to-day activities.
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Public bodies should promote equality of opportunity between disabled persons and other persons and encourage participation by disabled persons in public life.i
It also requires the public body to issue a disability equality scheme and state how disabled people have developed the scheme.ii
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i Disability Discrimination Act 2005 Section 3 creates new Disability Discrimination Act 1995 Section 49(A)(1)(f)
ii The Disability Discrimination (Public Authorities) (Statutory Duties) Regulations 2005 Section (2)(3)(a)
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Children living away from home (including children in care)
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A Children’s Rights Director is established as a part of Ofstedi
The Director will advise and assist the Chief Inspector in relation to the Chief Inspector's duty when performing his functions. The Director will have regard to:
· The need to safeguard and promote the rights and welfare of children
· The views expressed by relevant persons about activities within his or her remit… in particular by ascertaining the views of children (and, where appropriate, their parents) about those activities, and reporting such views to the Chief Inspector.
The Director will inform the Chief Inspector of any matters in relation to the rights and welfare of children that he or she considers significant. ii
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i Education and Inspections Act 2006, Section 120
ii The Office for Standards in Education, Children's Services and Skills (Children's Rights Director) Regulations 2007
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Children in care
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A local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of the child before making any decision affecting that childi and shall give those views due consideration. ii
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i Children Act 1989 Section 22 (4)
ii Children Act 1989 Section 22 (5)
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Local authorities should follow guidance from Government on how they should review the cases of those children in their care. This guidance may require the local authority to seek the views of the child involvedi and inform him or her of the result of the review. ii
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i Children Act 2006 Section 26 (2)(d)(i)
ii Children Act 1989 Section 26 (i)(i)
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Every local authority should provide independent advocacy services for children and young people making representations to it.i
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i The Adoption and Children Act 2002 Section 119 creates new Children Act 2006 Section 26A
The Children Act 1989 Representations Procedure (England) Regulations 2006
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Independent Review Officers (IROs) should participate in the statutory meetings to review the care plan of each looked-after child. The IRO usually takes on the role of chairing the meeting and is responsible for monitoring the performance of the local authority's functions in respect of each review. The Officer must ensure that:
the child's views are understood and taken into account and that the persons responsible for implementing any decision taken in consequence of the review are identified. If appropriate, IROs can refer a child's case to a Children and Family Court Advisory and Support Service (CAFCASS) Officer. ii
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i Adoption and Children Act 2002 Section 118
ii The Review of Children's Cases (Amendment) (England) Regulations 2004
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Children in trouble with the law
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Requires a youth offender panel to produce a written record of the programme agreed by the child or young person in a language capable of being readily understood by, or explained to, the offender.
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Youth Justice and Criminal Evidence Act 1999 Section 8(5)
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Children in contact with the courts
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When making decisions about children, courts should ensure that a child's welfare is the paramount consideration. The court should have regard in particular to the ascertainable wishes and feelings of the child concerned (considered in the light of his or her age and understanding).
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Children Act 1989 Section (1)(3)(a)
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CAFCASS works in family courts to make provision for children to be represented in such proceedings and provide information, advice and other support for the children and their families. Representation will usually be in the form of a Children’s Guardian.
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Criminal Justice and Court Services Act (2000) Section 12
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