Case No. UKUT-00227-(IAC)

9. The commencement date for section 55 ofthe Borders, Citizenship and Immigration Act2009 was 2 November 2009. P A R T 1 UNDERS T ANDING THE DUTY TO MAKE ARRANGEMENTS TO SAFEGUARD AND PROMOTE THE WEL F ARE OF CHILDREN 1.1. Section 11 of the 2004 Act places a duty on key people and bodies in England to make arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. Section 28 of the Act requires similar bodies in Wales to do the same. Theapplication of this duty will vary according to the nature of each agency and its functions. The key people and bodies that are covered by the duty are: • local authoritie s , including district councils; • the police; • the probation se r vice; • NHS bodies(Strategic Health A uthoritie s , Designated Special Health A uthoritie s , Prima r y Care T r ust s , NHS T r ust s , Local Health Boards and NHS F oundation T r usts); • Or g anisations (cu r rently the Connexions Service) providing services under section114 of the Learning and Skills Act 2007;Border Agency in an Act that deals directly with UK Border Agency work. It therefore appears in section 55 of the Borders, Citizenship and Immigration Act 20093.1.3. The duty does not give the UK Border Agency any new functions, nor does it over- ride its existing functions. It does require the Agency to carry out its existing functionsin a way that takes into account the need to safeguard and promote the welfare of children.1.4. Safeguarding and promoting the welfare of children is defined in the guidance to section11 of the 2004 Act (section 28 in Wales) and in Working Together to Safeguard Children4 as: • protecting c hildren from maltreatment; • pre v enting impai r ment of c hildre n ’ s health or de v elopment (where health means ‘p h ysical or mental health’ and de v elopment means ‘p h ysical, intellectual, emotional, social or beh a vioural de v elopment’); • Y outh offending teams; • G o v e r nors / Directors of Prisons and Young Offender Institutions; • Directors of Secure T raining Centres; • T he British T ranspo r t P olic e . 1.2. The UK Border Agency functions are not devolved, unlike those of the bodies listedin the 2004 Act, and so the Government has chosen to apply the duty to safeguard and promote the welfare of children to the UK 3 In Scotland the legislative p r ovisions for p r otecting child r en and p r omoting their welfa r e a r e contained in the P r otection of Child r en ( Scotland ) Act 2007 and the Child r en ( Scotland ) Act 1995. The principles of co-operation and info r mation sharing between agencies in the safegua r ding of child r en a r e, howeve r , impor tant themes in the legislative framework and guidance gove r ning the deliver y of child r en’s ser vices in Nor the r n I r eland, whe r e the legislative p r ovisions a r e the Child r en (Nor the r n I r eland) O r der 1995, and the Safegua r ding V ulnerable G r oups (Nor the r n I r eland) O r der 2007. In both jurisdictions A r ea Child P r otection Committees a r e the means of p r oviding local p r ocedu r es and p r ocesses for agencies to comply with the legislation to safegua r d child r en and to co-operate togethe r , and for anyone working with child r en. 4 The W elsh Assembly Gove r nment has p r oduced its own version of “ W orking T ogether” with a definition that matches this albeit exp r essed in a dif fe r ent wa y . It is available at: http://cymru.gov.uk/pubs/circulars/2007/nafwc1207en. pdf?lang=en • ensuring that c hildren are g r o wing up in circumstances consistent with the pr o vision of safe and effect i v e care; and • unde r taking that role so as to enable those c hildren to h a v e opti m um life c hances and to enter adulthood successfull y . 1.5. The overall framework set out in the 2004Act is to provide a basis for achieving the vision of safeguarding set out in the report Safeguarding Children5 i.e: • all a g encies w orking with c hildren, y oung people and their families ta k e all reasonable measures to ensure that the risks of ha r m to c hildre n ’ s w elfare are minimised; and • where there are conce r ns about c hildren and y oung people ’ s w elfar e , all a g encies ta k e all appropriate actions to address those conce r n s , w orking to a g reed local policies and procedures in pa r tnership with other a g encie s .