Overview

The Children and Young Persons Act 2008 reformed social work services for children and young people in England and Wales. Key changes included allowing local authorities to contract out some care functions, establishing independent reviewing officers for children in care, and strengthening regulations and oversight of children's homes and agencies.

Description

The Act is structured in five parts. Part 1 enables local authorities to contract out some or all of their social work services to private companies, under strict conditions, ensuring oversight by registered social workers. Part 2 focuses on the well-being of children and young persons, introducing a general duty for the Secretary of State to promote well-being. It also mandates the appointment of independent reviewing officers to monitor the care provided by local authorities. Significant changes were made to how accommodation and maintenance for children in care are handled, prioritizing placement with parents or family members where possible, and introducing a duty on local authorities to secure sufficient accommodation. The Act also established a system of independent visitors for children in long-term care. Further, it introduced requirements for schools to designate a staff member to support students who are, or have been, in care.

Part 3 addresses adoption and fostering, introducing independent review of adoption determinations. Part 4 amends the Children Act 1989, extending the right to apply for residence or special guardianship orders to relatives who have cared for a child for at least a year. Part 5 contains supplementary, general and final provisions concerning regulations and commencement of the Act.

Government Spending

The Act's impact on government spending is not explicitly stated in the provided text. However, the provisions for independent reviewing officers, independent visitors, and support services may lead to increased expenditure.

Groups Affected

• Local Authorities: Given new responsibilities, including securing sufficient accommodation, contracting out services, and appointing independent reviewing officers and visitors, with potential financial implications.
• Children in Care: Direct impact through new rights related to accommodation, visiting, review, independent reviewing officers and support services.
• Families of Children in Care: Increased opportunity to be involved in decisions regarding their children's care.
• Private Social Work Providers: Potential to contract with local authorities to deliver social work services, subject to rigorous regulation.
• Schools: New responsibility to appoint a designated member of staff for pupils in care.
• Registered Social Workers: Key role in overseeing contracted-out social work services.

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