Overview

The Children and Young Persons Act 2008 amended the Children Act 1989 and made provisions regarding social work services for children and young people, care standards enforcement, adoption reviews, and court orders. It introduced independent reviewing officers and independent visitors for children in care, and strengthened support systems for children in various circumstances.

Description

This Act covers several key areas. Firstly, it allows local authorities to contract out some of their social work services to private or voluntary sector providers, provided these meet certain standards regarding registered social workers. Secondly, it significantly revises the local authority's responsibilities regarding the accommodation and maintenance of children in their care, emphasizing placement with family members where appropriate. The act also introduces independent reviewing officers to monitor a child's care and independent visitors to provide additional support and oversight for children in long-term care.

Further key aspects include:

• Strengthened support services for young people leaving care, particularly in relation to education and training, including the appointment of personal advisors and financial assistance.
• New powers for the Chief Inspector of Education, Children’s Services and Skills to enforce care standards in children's homes, including the ability to issue compliance notices and impose restrictions on accommodation.
• Amendments to adoption and fostering procedures, including provision for independent review of adoption determinations.
• Changes to residence and special guardianship orders, particularly concerning the entitlement of relatives to apply for these orders.
• Improved information sharing relating to child deaths between registrars and Local Safeguarding Children Boards.

Government Spending

The Act's financial implications are not explicitly stated in the text. However, the provisions related to contracting out social work services, providing support for children in care and young people leaving care, and funding independent reviewing officers and visitors could lead to increased or re-allocated government expenditure. The exact amount is not specified.

Groups Affected

• Local Authorities: Changes to their responsibilities for providing and overseeing social work services, child accommodation, and support services for children in care and young people leaving care.
• Children in care: Improved provisions for monitoring their care, support, and accommodation.
• Young people leaving care: Enhanced access to personal advisors and support to continue education or training.
• Families of children in care: Greater emphasis on maintaining contact with their children and involvement in care planning.
• Private and voluntary sector providers of social work services: Potential opportunities to provide services to local authorities, but subject to strict regulation and compliance with the Act’s requirements.
• Independent reviewing officers and independent visitors: Newly established roles to oversee and support children in care.
• Children’s homes and fostering agencies: Subject to stricter regulation and enforcement of care standards.

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