Explanatory note

Sections 20 to 23 of the Children Act 2004 (“the Act”) are concerned with the inspection of children’s services. Section 23(3) defines children’s services for the purposes of sections 20 to 22.

Section 20 of the Act provides for the review of children’s services in the area of a children’s services authority in England. A review under section 20(1) or (2) involves two or more of the persons and bodies listed at section 20(4); the purpose of a review is set out in section 20(3). Section 21 provides for there to be a Framework for Inspection of Children’s Services containing principles to be applied when a person or body conducts a review, or any other type of assessment of children’s services (“assessment” is defined in section 23(2)). Section 22 requires persons or bodies with a function of conducting an assessment of children’s services to co-operate with each other, and permits delegation of their assessment functions to another such body.

Regulation 2(1) specifies and prescribes as children’s services a list of services, etc., done for or in relation to children (persons under the age of eighteen) and relevant young persons (persons of eighteen or over in relation to whom arrangements may be made to promote co-operation with a view to improving their well-being, under section 10 of the Act). Regulation 2(2) specifies and prescribes as children’s services a list of services, etc., done for or in relation to children and relevant young persons in so far as they relate to children.

The assessment of the services, etc., listed in regulation 2 (whether as part of a review under section 20 of the Act or otherwise) will be governed by the Framework referred to above.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.