People and Communities (formerly Children Families and Adults) Scheme of Authorisation to Officers DIRECTORATE SCHEME OF OFFICER AUTHORISATIONS

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1 (formerly Children Families and Adults) DIRECTORATE SCHEME OF OFFICER AUTHORISATIONS 1. Introduction This scheme of authorisation lists the extent and nature of the authorisations granted by the Director to officers within their directorate to undertake functions on their behalf. 2. General Principles In this internal scheme of authorisation, any reference to the functions of the Authority means the functions of Cambridgeshire County Council. Any reference to any power, function, duty, requirement or instruction of the Authority means a power, function, duty, requirement or instruction of the Council or an appropriate or any person or body exercising the functions of the Authority as the case may be. The authorisation by an officer to exercise a delegated power does not prevent the Council or an appropriate committee from having the power to exercise that function where it is lawful for that body or person to do so. An officer authorised to exercise a delegated power under this scheme may waive his/her power to exercise the function and instead refer the matter to the appropriate or any other body or person having the right to exercise that function. An officer authorised to exercise a delegated power under this scheme must consult such Members and officers as he/she considers appropriate and shall so consult where required to do so under this scheme of authorisation or where common sense and judgement suggest that this is appropriate, for example with the appropriate division Councillor where the action to be taken is likely to affect their division. Where, under this scheme, a Director authorises an officer to undertake functions on their behalf, the must ensure that the scheme, or any amendments to it, are published, without delay, on the Council s website. 3. Absence, Conflicts of Interest etc In this scheme of authorisation, if an Officer to whom authority to exercise a delegated power is not in post or is absent or ought not, because of a conflict of interest, act in the matter: In the case of an absence or a person not being in post, the duty or function shall be exercisable by the person covering that post under any interim arrangements. In the case of a conflict of interest, the duty or function shall be exercisable by the relevant Director authorised to do so under Part 3D of the Constitution. 1 P&C Scheme of Authorisation

2 4. An officer to whom authority to exercise a delegated power must do so in accordance with: 1. all statutory and other legal requirements, including the Human Rights Act 1998, statutory guidance and statutory codes of practice; 2. the Constitution of the Authority, including the Financial and Contract Procedure Rules; 3. the Budget and Policy Framework and approved policies, plans and strategies; 4. any other policies, requirements or procedures of the Authority including any requirement of this scheme. 5. Specific Authorisations: Executive Director: People and Communities Enforcing attendance at schools and taking all steps which are necessary for this purpose Serving a notice prohibiting the employment of a registered pupil or requiring information about such employment. Granting or refusing licences for children to take part in public entertainment or performances and to grant or refuse chaperone licences. Approving the publication of statutory notices for changes to existing school provision (prescribed alterations), following consultation in cases where (a) no representations or objections are received or (b) representations indicate clear support for the proposed changes. Exercising on behalf of the Council, the approved arrangements for the consideration of complaints on school curriculum, religious worship and related matters. Education Welfare Officer Behaviour and Attendance Manager Attendance Legal Officers Behaviour and Attendance Manager Child Entertainment Officer and the local member(s) 2 P&C Scheme of Authorisation

3 Agreeing with promoters the composition of Governing Bodies for new Aided schools in accordance with the requirements of the Education Act Making appointments to SACRE. Submitting applications to reduce a community or voluntary controlled school s published admission number (PAN) as part of the Council s annual consultation process. Appointing representatives of the Authority to school governing bodies and, if required, to approve their subsequent removal. Determining the details of eligibility and relationship between age and level of severance payment for teachers who would be eligible for early retirement on the grounds of redundancy to be offered enhanced severance terms as an option. Determining a limited number of exceptional cases for which PRIEEAF represents an effective and efficient response to schools or Authority staffing difficulties within the budget for premature retirement benefits for teachers. Issuing guidance to governing bodies on the criteria to be used in applying the local discretion available to them under the School Teachers Pay and documents. Exercising discretion in certain circumstances under the School Teachers Pay and documents in relation to the number of incentive allowances, the starting salary of new appointments, additional increments to new appointments and head and deputy head teacher salaries. Service Primary with the local member(s) Following consultation with the relevant 3 P&C Scheme of Authorisation

4 Respond to any consultation request from the LGSS: Director of Finance (or such other Finance officer as he/she may authorise) in relation to proposals to authorise schools to plan for a deficit budget to finance exceptional purchases/projects Carrying out the following functions assigned to the Council under the Children Act 1989: Commissioning Provision of welfare reports to the Court District Manager/ Service Manager Consent applications for Child Arrangement Orders in respect of children in care Looked After Children (LAC) Services Family assistance orders Service District Functions under Part 3 of the Act (Local Authority support for children and families) All Heads of Service within Children s Social Care Care and supervision All Heads of Service within Children s Social Care Protection of children All Heads of Service within Children s Social Care Functions in relation to children accommodated by Health Authorities and Local Authorities or in residential care, nursing or mental nursing homes or in independent schools, including the following matters: Children s & Section 19 review of provision for day care, childminding, etc. Section 36 applications for education supervision orders. Education Behaviour and Attendance Manager 4 P&C Scheme of Authorisation

5 Section 57 closures of controlled or assisted community homes. Establishing the policy framework and implementing arrangements in relation to the following matters: Children s & Access Integrated Front Door Loans to Approved Adopters to Adopt Loans to Foster Carers Adoption Allowances Residence Order Allowances and Child Arrangement Orders Exercising the powers and duties of the County Council in respect of children and young persons who are in its care. Children s & Taking all steps necessary to identify whether a child has special educational needs and to make provision accordingly. Accepting or appealing awards from the Criminal Injury Compensation Authority. Acting as consultee where the Local Authority proposes to apply for an Education Supervision Order under Section 36 of the Children Act 1989 or has been directed to do so by a Court under Section 447 of the Education Act Making applications for the grant of Letters of Administration for the use and benefit of children in the care of the Council. Making appointments to Adoption Panel(s). Special Education Needs and Disabilities (SEND) 0-25 Education Welfare Officer Children s & 5 P&C Scheme of Authorisation

6 Exercising the powers of the County Council in connection with legislation relating to adoption, and as Guardian in adoption proceedings. Determining fostering allowances and special and incidental expenses in special cases in connection with holiday grants. Approving all loans to foster parents not exceeding a fixed sum (A7 financial limits of delegated powers) and to determine the amount of a loan to foster carers to be repaid where the foster carers cease to foster because they have adopted the child (or children). Giving guarantees to Local Housing Authorities concerning the payment of rent by families at risk and to settle claims by Housing Authorities for reimbursement of arrears of rent and damage to property. Exercising general discretion, within County policy, on provision, non-provision or withdrawal of home to school transport, and specifically: (a) approving and varying an appropriate charge, where necessary, for transport provided by the Council where it has no statutory duty to provide free transport (for example, sale of spare seats) (b) offering or withdrawing a cycle allowance in respect of children for whom free travel on contract buses is available (c) determining, in villages which are divided by the distance factor, the cut-off line for assistance with the costs of home to school transport, will be determined by use of both digital mapping and manual measurements where necessary and take account of the safety of the route using the Council's adopted criteria Group Manager Fostering Heads of Service District In consultation with the Chief Finance Officer (Section 151) In consultation with the Chief Finance Officer (Section 151) In consultation 6 P&C Scheme of Authorisation

7 (d) varying the parental/carer contribution to the cost of post-16 transport Exercising discretion in individual cases on provision, non-provision or withdrawal of discretionary transport for children with identified special educational needs or disabilities who do not have a statement of special educational need. This includes those who have a time-limited need (for example, a broken leg which prevents them using a school bus). Exercising discretion in individual cases on provision, non-provision or withdrawal of discretionary transport for young people in years 10 and 11 whose families move home. Exercising discretion with regard to reviews of transport routes which are currently deemed to be unsafe for a child or young person to use to walk to and from school accompanied by an adult as necessary with a view to ceasing provision of free transport. Determining the details of the scheme for using volunteers in the home to school transport of children with special educational needs. Reducing or waiving, in exceptional circumstances, charges for day/domiciliary services in accordance with the Health and Social Services and Social Security Adjudications Act Carrying out the necessary functions and actions in relation to loans under the Chronically Sick and Disabled Persons Act. Accepting Guardianship applications under Section 8 of the Mental Health Act. Access to Resources Access to Resources Access to Resources SEND Operations the Disability Partnership (LDP) Operations the LDP Mental Health In consultation local member(s) 7 P&C Scheme of Authorisation

8 Consenting under Section 8(4) of the Mental Health Act 1983 to any amendment of any Guardianship application which has been accepted or any medical recommendation. Designation of Approved Social Workers as Officers for the purposes of the Mental Health Act Fulfilling responsibilities in respect of assessment and provision of social care services for adults in line with the NHS and Community Care Act 1990 and other related legislation Fulfilling responsibilities in respect of assessment and provision of support for carers of people receiving adult social care support in line with currently legislation (put Carers Act name and year here) Apply for breach proceedings for noncompliance with statutory orders in Youth and Crown Courts. Mental Health Mental Health Operations the LDP Operations the LDP Youth Offending Service Manager 8 P&C Scheme of Authorisation