The Children’s Trust Board (Children and Young People’s Plan) (England) Regulations 2010

• Citation: S.I. 2010/591
• Sections: 9

Section 1 Citation and commencement

These Regulations may be cited as the Children’s Trust Board (Children and Young People’s Plan) (England) Regulations 2010 and shall come into force on 1st April 2010.

Section 2 Interpretation

In these Regulations—

“ the Act ” means the Children Act 2004;

“appropriate diocesan authority”, “Church of England school” and “Roman Catholic Church school” have the same meanings as in section 142(1) of the School Standards and Framework Act 1998 ;

“ Board ” means a Children’s Trust Board established by virtue of arrangements under section 10 of the Act;

“Board partners” means the persons or bodies represented on the Board ;

“establishing authority” means (subject to regulation 9) the local authority in England which established the Board;

“plan” has the meaning given in regulation 3;

“plan period” has the meaning given in regulation 3;

“relevant partner” has the same meaning as in section 10 of the Act .

Section 3 Requirement to prepare and publish a plan

(1) Each Board must, in accordance with these Regulations, prepare and publish a children and young people’s plan setting out the strategy of the Board partners for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the establishing authority so far as relating to—

(a) physical and mental health and emotional well-being;

(b) protection from harm and neglect;

(c) education, training and recreation;

(d) the contribution made by them to society; and

(e) social and economic well-being

(referred to in these Regulations as “the outcomes”) (‘plan’).

(2) Each Board must set out in any plan the period to which the plan is to relate (‘the plan period’).

Section 4 Matters to be dealt with in the plan

(1) Each plan must, in particular—

(a) include an assessment of the needs of children and relevant young persons in the area of the establishing authority so far as relating to the outcomes (‘the needs assessment’);

(b) identify the key actions (as identified by the needs assessment) planned to be taken to improve the outcomes for children and relevant young persons in the area of the establishing authority with reference in particular to children and relevant young persons who—

(i) have special educational needs within the meaning of section 312 of the Education Act 1996 ;

(ii) are disabled within the meaning of section 1 of the Disability Discrimination Act 1995 ; or

(iii) are looked after by a local authority (within the meaning of section 22 of the Children Act 1989 ); and

(c) set out the arrangements made by the Board partners for co-operating with each other, in particular the arrangements set out in paragraph (2).

(2) The arrangements referred to in paragraph (1)(c) are arrangements relating to—

(a) early intervention and preventative action;

(b) co-ordinating provision of services for children and relevant young persons and adults within their families with a view to improving the well-being of such children and relevant young persons;

(c) reducing, and mitigating the effects of, child poverty in the establishing authority’s area;

(d) improving the behaviour of children and relevant young persons in the area of the establishing authority, and attendance of pupils (whether full-time or part-time) at school which must, in particular, (in the case of secondary schools) take into account the partnership reports submitted to the Board under section 248(3) of the Apprenticeships, Skills, Children and Learning Act 2009;

(e) safeguarding and promoting the welfare of children and relevant young persons which must, in particular, take into account the report submitted to the Board by the Local Safeguarding Children Board for the area of the establishing authority under section 14A(2) of the Act;

(f) contributing towards achieving any targets that relate to the area of the establishing authority and are set under regulations made under—

(i) section 102 of the Education Act 2005 ( LEA performance targets);

(ii) section 19 of the Education Act 1997 (school performance targets);

(iii) section 1(3) of the Childcare Act 2006 (local authority well-being of young children targets); and

(iv) section 9A of the Act (safeguarding targets);

(g) contributing towards achieving any local improvement targets (within the meaning of section 105 of the Local Government and Public Involvement in Health Act 2007 ) insofar as they relate to children and relevant young persons and are specified by the establishing authority in its local area agreement pursuant to section 106 or 110 of that Act; and

(h) the training and development of persons working with children and relevant young persons in the area of the establishing authority in order to deliver the key actions referred to in paragraph (1)(b), and the arrangements required by paragraph (2)(a) to (g).

Section 5 Matters to be taken into account

(1) When preparing, reviewing or revising a plan, the Board must have regard to the importance of acting, so far as possible, in a way which is compatible with the United Nations Convention on the Rights of the Child.

(2) In paragraph (1) the reference to the United Nations Convention on the Rights of the Child is to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989, subject to any reservations, objections or interpretative declarations made by the United Kingdom at any time and for the time being in force.

Section 6 Timing and manner of publication of the plan

(1) The Board must publish the first plan on or before 1st April 2011 and each subsequent plan no later than 6 weeks after the end of the plan period for the previous plan.

(2) The Board must publish each plan by—

(a) placing it on the website of the establishing authority and any Primary Care Trust that is a relevant partner of that authority;

(b) placing it on the website of any other Board partner as the Board considers appropriate; and

(c) depositing sufficient copies of the plan to allow members of the public to take a copy in such public libraries and other places to which the public have access in the area of the establishing authority as the Board considers appropriate.

Section 7 Consultation during the preparation of the plan

(1) When preparing the plan the Board must consult—

(a) such persons or bodies that the establishing authority has made arrangements with to promote co-operation under section 10(1)(c) of the Act and who are not also Board partners;

(b) any relevant partners who are prescribed in regulations made under section 12A(4) of the Act and who are not Board partners;

(c) such children, relevant young persons and their families in the area of the establishing authority as the Board considers appropriate;

(d) such persons or bodies representing children, relevant young persons or families as the Board considers appropriate;

(e) the Local Safeguarding Children’s Board for the area of the establishing authority;

(f) any advisory board for a Sure Start Children’s Centre in the area of the establishing authority;

(g) such persons or bodies in the establishing authority’s area, in particular those from the private, voluntary or independent sector, providing or commissioning services relating to children, relevant young persons, families or carers as the Board considers appropriate;

(h) the appropriate diocesan authority for any foundation or voluntary school situated in the area of the establishing authority which is a Church of England or Roman Catholic Church school;

(i) such other faith groups as the Board considers appropriate;

(j) the proprietors of independent schools (within the meaning of section 463 of the Education Act 1996 ) in the area of the establishing authority;

(k) the schools forum for the area of the establishing authority;

(l) the admission forum for the area of the establishing authority;

(m) the proprietors of independent specialist colleges in the area of the establishing authority;

(n) such groups of persons representing local communities in the establishing authority’s area as the Board considers appropriate;

(o) such registered providers of social housing in the establishing authority’s area as the Board considers appropriate; and

(p) such partner authorities specified in section 104(2) and (3) of the Local Government and Public Involvement in Health Act 2007 who exercise functions or provide services within the area of the establishing authority as the Board considers appropriate.

(2) If before the day on which these Regulations come into force any consultation was undertaken which, if it had been undertaken after that day would to any extent have satisfied the requirements of paragraph (1), those requirements will to that extent be taken to have been satisfied.

Section 8 Review of the plan

(1) Where the plan period exceeds a year or more the Board must review its plan each year in which the Board is not required to publish a plan.

(2) When reviewing the plan the Board must consult such persons or bodies as it considers appropriate .

(3) Following any review of the plan the Board must, if it considers it is necessary, revise the plan and publish it in accordance with regulation 6(2).

Section 9 Transitional provision

(1) Until a section 162(1)(b) order comes into force the reference to a “local authority” in the definition of “establishing authority” in regulation 2 is to be read as a reference to a children’s services authority.

(2) In paragraph (1) “section 162(1)(b) order” means an order under subsection (1) of section 162 of the Education and Inspections Act 2006 containing provision made by virtue of paragraph (b) of that subsection (power to replace statutory references to children’s services authorities with references to local authorities).