What is statutory guidance?
Acts of Parliament are often accompanied by statutory guidance
which sets out in detail the Government’s expectations of how the
legislation should be implemented. Statutory guidance does not have
the full force of statute, but should be complied with unless local
circumstances indicate exceptional reasons which justify a
variation. In practice, statutory guidance should be used as the
framework for implementing legislation.
Section 10 of the Children Act 2004 establishes a duty on local
authorities to make arrangements to promote co-operation between
agencies to improve children’s well-being. It also places a duty on
key partners to take part in those arrangements.
Statutory
guidance outlining the Government’s vision for implementing
Section 10 was published in 2005 and revised in 2008. The guidance
focuses on the structural and cultural changes need to drive
through real improvements in outcomes for children and young
people. It stresses the ‘urgent need’ to reinforce inter-agency
governance arrangements.
It also sets out in detail the Government’s expectations of
joint commissioning across all children’s services, including
health and social care, and raises the bar for Children's Trust
partners to take responsibility for achieving measurable
improvements in the lives of children.
It aims to help partners engage more effectively within the
Children's Trust and to promote a step change in early
intervention, in narrowing the gap between high achievers and those
who are struggling, and in the involvement of schools.
Key messages include:
- Children’s Trusts: Step Changes in Delivery describes the
purpose, role and remit of a Children’s Trust and its relationship
with the Local Strategic Partnership and the step change in the
involvement of schools in Children’s Trusts.
- Children’s Trusts and the Children’s Plan covers the vision and
priorities of the Children’s Plan in detail, setting out what is
required of Children’s Trusts under each of the five outcomes for
children. Describes how Primary Care Trusts and local authorities
must work together to achieve their common goals.
- Driving Change through Children’s Trusts describes the
inter-agency governance, management and accountability arrangements
for delivering the Children & Young People’s Plan and the Local
Area Agreement targets.
The revised statutory guidance includes arrangements for health
partners, third and private sectors and frontline providers,
including schools and other partnerships. It also sets out the
requirement for consultation with services users to influence the
strategic planning and commissioning.
Legislation and statutory guidance on the commissioning of
school places (including opening a new school by competition or
otherwise; closing a school; expanding a school; changing school
category; and proposals for Trust schools) can be found at www.dcsf.gov.uk/schoolorg/
