OpenLegislation

Children and Young Persons Act 2008

2008 c. 23 · Enacted 13 November 2008 · Extends to England, Wales and Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 December 2020.

See the changes not yet applied
ProvisionChangeMade by
Pt. 1repealedChildren and Young Persons Act 2008 Sch. 4
s. 1-5cease to have effect (cond.)Children and Young Persons Act 2008 s. 6(3)-(5) Sch. 4
An Act to make provision about the delivery of local authority social work services for children and young persons; to amend Parts 2 and 3 of the Children Act 1989; to make further provision about the functions of local authorities and others in relation to children and young persons; to make provision about the enforcement of care standards in relation to certain establishments or agencies connected with children; to make provision about the independent review of determinations relating to adoption; and for connected purposes. 9[13th November 2008]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Contents

  1. Part 1: Delivery of social work services for children and young persons
  2. 1Power to enter into arrangements for discharge of care functions
  3. 2Restrictions on arrangements under section 1
  4. 3Effect of arrangements under section 1
  5. 4Regulation of providers of social work services Repealed
  6. 5Functions under this Part to be social services functions
  7. 6Piloting and expiry of arrangements under this Part
  8. Part 2: Functions in relation to children and young persons
  9. Well-being
  10. 7Well-being of children and young persons
  11. Accommodation
  12. 8Provision of accommodation and maintenance for children who are looked after by a local authority
  13. 9General duty of local authority to secure sufficient accommodation
  14. Independent reviewing officers
  15. 10Independent reviewing officers
  16. 11Power to make further provision concerning independent reviewing officers: England Not yet in force
  17. 12Power to make further provision concerning independent reviewing officers: Wales Not yet in force
  18. 13Orders under sections 11 and 12: supplementary provisions Not yet in force
  19. 14Expiry of powers conferred by sections 11 and 12 Not yet in force
  20. Visiting
  21. 15Duty of local authority to ensure visits to looked after children and others
  22. 16Independent visitors for children looked after by a local authority
  23. 17Children in long-term care: notification to appropriate officer etc
  24. 18Visits to children in long-term care
  25. Provision of support services for certain children
  26. 19Support for accommodated children
  27. Education and training
  28. 20Designated member of staff at school for pupils looked after by a local authority
  29. 20ADesignated staff member for previously looked after pupils
  30. 21Entitlement to payment in respect of higher education
  31. 22Assistance to pursue education or training
  32. 23Extension of entitlements to personal adviser and to assistance in connection with education or training
  33. Cash payments
  34. 24Extension of power to make payments in cash
  35. Care breaks
  36. 25Breaks from caring for disabled children
  37. Enforcement of care standards
  38. 26Power of Chief Inspector where person is failing to comply with requirement relating to children's home etc.
  39. 27Notice restricting accommodation at certain establishments
  40. 28Appeals etc. in relation to notices under section 22B of the 2000 Act
  41. 29Notification of matters relating to persons carrying on or managing children's homes etc.
  42. Emergency protection orders
  43. 30Removal of restriction on hearing of application for discharge of emergency protection order
  44. Information and research
  45. 31Supply of information concerning the death of children to Local Safeguarding Children Boards in England and Safeguarding Children Boards in Wales
  46. 32Power of Registrar General to supply information to national authorities
  47. 33Research etc. into matters connected with certain statutory functions
  48. Part 3: Adoption and Fostering
  49. 34Independent review of determinations relating to adoption
  50. 35Extension of period allowed for making regulations under section 45 or 46 of the Children Act 2004
  51. Part 4: Orders under Part 2 of the 1989 Act
  52. Residence orders
  53. 36Entitlement of relative to apply for a residence order
  54. 37Duration of residence orders
  55. Special guardianship orders
  56. 38Entitlement of relative to apply for a special guardianship order
  57. Part 5: Supplementary, General and Final Provisions
  58. Supplementary
  59. 39Minor and supplementary amendments to the 1989 Act
  60. General
  61. 40Orders, regulations and guidance
  62. 41Interpretation
  63. 42Repeals
  64. Final
  65. 43Extent
  66. 44Commencement
  67. 45Short title
  68. Schedule 1: Children looked after by local authorities: supplementary and consequential provisions
  69. The 1989 Act
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. 4Paragraph 4
  74. 5Paragraph 5
  75. 6Paragraph 6
  76. 7Paragraph 7
  77. Criminal Justice Act 1991 (c. 53)
  78. 8Paragraph 8 Repealed
  79. Children (Scotland) Act 1995 (c. 36)
  80. 9Paragraph 9
  81. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
  82. 10Paragraph 10
  83. Care Standards Act 2000 (c. 14)
  84. 11Paragraph 11
  85. 12Paragraph 12
  86. 13Paragraph 13
  87. Adoption and Children Act 2002 (c. 38)
  88. 14Paragraph 14
  89. Sexual Offences Act 2003 (c. 42)
  90. 15Paragraph 15
  91. 16Paragraph 16
  92. Children Act 2004 (c. 31)
  93. 17Paragraph 17
  94. Income Tax (Trading and Other Income) Act 2005 (c. 5)
  95. 18Paragraph 18
  96. Childcare Act 2006 (c. 21)
  97. 19Paragraph 19
  98. Safeguarding Vulnerable Groups Act 2006 (c. 47)
  99. 20Paragraph 20
  100. Criminal Justice and Immigration Act 2008
  101. 21Paragraph 21 Repealed
  102. Schedule 2: Transitory modifications of Schedule 2 to the 1989 Act
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. Schedule 3: Minor and supplementary amendments to the 1989 Act
  106. 1Paragraph 1
  107. 2Paragraph 2 Repealed
  108. 3Paragraph 3 Repealed
  109. 4Paragraph 4 Not yet in force
  110. 5Paragraph 5 Repealed
  111. 6Paragraph 6 Repealed
  112. 7Paragraph 7 Repealed
  113. 8Paragraph 8 Repealed
  114. 9Paragraph 9 Repealed
  115. 10Paragraph 10 Repealed
  116. 11Paragraph 11 Repealed
  117. 12Paragraph 12 Repealed
  118. 13Paragraph 13 Repealed
  119. 14Paragraph 14 Repealed
  120. 15Paragraph 15 Repealed
  121. 16Paragraph 16 Repealed
  122. 17Paragraph 17 Repealed
  123. 18Paragraph 18 Repealed
  124. 19Paragraph 19 Repealed
  125. 20Paragraph 20
  126. 21Paragraph 21 Repealed
  127. 22Paragraph 22 Repealed
  128. 23Paragraph 23
  129. 24Paragraph 24
  130. 25Paragraph 25
  131. 26Paragraph 26 Repealed
  132. 27Paragraph 27 Repealed
  133. 28Paragraph 28
  134. Schedule 4: Repeals