Session 2012 - 13
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17

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 7 March 2013

 

For other Amendment(s) see the following page(s):

 

Children and Families Bill Committee 13-16

 

Public Bill Committee


 

Children and Families Bill

 

Bill Esterson

 

1

 

Clause  1,  page  1,  line  10,  leave out ‘local authority foster parent’ and insert ‘foster

 

parent (whether or not a local authority foster parent)’.

 

Bill Esterson

 

2

 

Clause  9,  page  8,  line  15,  at end add—

 

‘(3D)    

A person appointed by a local authority under subsection (3B) shall be

 

responsible for oversight of the way in which pupil premium for children looked

 

after by that authority is spent.’.

 

Information sharing

 

Bill Esterson

 

NC2

 

To move the following Clause:—

 

‘Before the end of one year beginning with the day on which this Act receives

 

Royal Assent, the Secretary of State must—

 

(a)    

carry out a review of the benefits and risks to children, young people and

 

their families of increased information sharing between front-line

 

practitioners who provide services to them; and

 

(b)    

publish a report of the conclusions of the review.’.


 
 

Notices of Amendments: 7 March 2013                     

18

 

Children and Families Bill, continued

 
 

Assessment and provision of adoption support services

 

Bill Esterson

 

NC3

 

To move the following Clause:—

 

‘(1)    

Part 1 of the Adoption and Children Act 2002 is amended as follows.

 

(2)    

In section 4, leave out subsection (1) and insert the following new subsections—

 

“(1)    

Subject to subsection (1A), a local authority must in each year offer an

 

assessment of those persons’ needs for adoption support services to—

 

(a)    

any of the persons mentioned in paragraphs (a) to (c) of section

 

3(1), or

 

(b)    

any other person who falls within a description prescribed by

 

regulations (subject to subsection (7)(a)).

 

(1A)    

Any requirement for an annual assessment under subsection (1) can be

 

postponed for one or more years with the agreement of the persons

 

concerned.

 

(1B)    

Following any assessment under subsection (1) the local authority

 

must—

 

(a)    

provide the persons concerned with the findings of the

 

assessment;

 

(b)    

specify in writing what services will be provided to meet these

 

needs;

 

(c)    

explain in writing where the local authority is unable to provide

 

services to meet identified needs; and

 

(d)    

keep a record of all unmet needs and the reasons for them.”.’.

 

Continuity in the arrangements for the people with whom a child is to live

 

Bill Esterson

 

NC4

 

To move the following Clause:—

 

‘(1)    

In section 1 of the Children Act 1989, insert the following after subsection (2A)—

 

“(2B)    

In any family proceedings, unless the contrary is shown, a court is to

 

presume that continuity in the arrangements relating to the person or

 

people with whom a child is to live will further the child’s welfare.”.

 

(2)    

In section 22 of the Children Act 1989, insert the following after subsection (3)—

 

“(3ZA)    

A local authority is to presume, unless the contrary is shown, that

 

continuity in the arrangements relating to the person or people with

 

whom a child looked after by that local authority is to live will help to

 

fulfil its duty under subsection (3)(a) to safeguard and promote the

 

welfare of that child.”.’.

 

Long-term post-adoption and fostering support

 

Bill Esterson

 

NC5

 

To move the following Clause:—


 
 

Notices of Amendments: 7 March 2013                     

19

 

Children and Families Bill, continued

 
 

‘A local authority must ensure that its adoption support services, special

 

guardianship support services and fostering support services are provided in a

 

way which is in the long-term interests of those for whom they are provided.’.

 

Status, rights and remuneration of non-biological parents

 

Bill Esterson

 

NC6

 

To move the following Clause:—

 

‘(1)    

Before the end of one year beginning with the day on which this Act receives

 

Royal Assent, the Secretary of State must—

 

(a)    

carry out a review of—

 

(i)    

options for the professional recognition of carers who look after

 

children who are not their biological children, to include foster

 

parents, residential social workers and adoptive parents;

 

(ii)    

the status and rights of these carers; and

 

(iii)    

arrangements for the remuneration of these carers; and

 

(b)    

publish a report of the conclusions of the review.’.

 

Minimum four-day week requirement for special educational provision at further

 

education institutions

 

Dr Julian Lewis

 

Caroline Nokes

 

NC7

 

To move the following Clause:—

 

‘Where an institution within the further education sector in England admits a

 

young person aged under 19 for whom an EHC plan is maintained, it must deliver

 

the special educational provision required by that young person on at least four

 

days in every week in which that provision is delivered.’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

3

 

Clause  1,  page  1,  line  8,  after ‘(9A)’, insert ‘Subject to subsection (9B)’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

4

 

Clause  1,  page  1,  leave out line 9 and insert ‘satisfied that C should be placed for

 

adoption—’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

5

 

Clause  1,  page  1,  line  12,  at end insert—

 

‘(9B)    

Before considering placing a child with a foster parent who has been approved as

 

a prospective adopter, the authority must consider as part of the permanency plan

 

for C, placement with carers who could become the child’s permanent carers

 

where this is in C’s best interests.’.


 
 

Notices of Amendments: 7 March 2013                     

20

 

Children and Families Bill, continued

 
 

Lisa Nandy

 

Mrs Sharon Hodgson

 

6

 

Clause  1,  page  1,  line  11,  after ‘adopter’, insert ‘after a matching process has been

 

conducted’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

7

 

Clause  2,  page  1,  line  15,  at end insert—

 

‘(1A)    

In subsection (4), after paragraph (f) insert—

 

“(g)    

the child’s religious persuasion, racial origin and cultural and

 

linguistic background, although this paragraph does not apply to

 

an adoption agency in Wales, to which subsection (5) instead

 

applies.”.’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

8

 

Clause  3,  page  2,  line  32,  at end add—

 

‘(4)    

The Secretary of State must set out in writing the reasons for issuing a direction

 

under subsection (1).

 

(5)    

A direction given under subsection (1) will not come into effect until the

 

Secretary of State has reviewed the decision to issue the direction on an

 

application by the local authority upon whom the direction was issued.

 

(6)    

If the Secretary of State is satisfied that the local authority is taking steps to

 

remedy the reasons for issuing the direction, the Secretary of State may revoke all

 

or part of the direction.’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

9

 

Clause  6,  page  4,  leave out lines 27 to 35.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

10

 

Clause  7,  page  5,  line  27,  at end insert—

 

‘(2A)    

In subsection (1), after paragraph (d) insert—

 

“(e)    

his siblings (whether of the whole or half blood).”.’.

 

Special guardianship support services: personal budgets

 

Lucy Powell

 

NC8

 

To move the following Clause:—

 

‘In Part 2 of the Children Act 1989, after section 14F (Special guardianship

 

support services), insert—

 

“14G  

Special guardianship support services: personal budgets

 

(1)    

This section applies where—


 
 

Notices of Amendments: 7 March 2013                     

21

 

Children and Families Bill, continued

 
 

(a)    

after carrying out an assessment under section 14F, a local

 

authority in England decides to provide any special guardianship

 

support services to a person (“the recipient”), and

 

(b)    

the recipient is a child being cared for by a special guardian or a

 

special guardian.

 

(2)    

The local authority must prepare a personal budget for the recipient if

 

asked to do so by the recipient or (in prescribed circumstances) a person

 

of a prescribed description.

 

(3)    

The authority prepares a “personal budget” for the recipient if they

 

identify an amount as available to secure the special guardianship support

 

services that they have decided to provide, with a view to the recipient

 

being involved in securing those services.

 

(4)    

Regulations may make provision about personal budgets, in particular—

 

(a)    

about requests for personal budgets;

 

(b)    

about the amount of a personal budget;

 

(c)    

about the sources of the funds making up a person budget;

 

(d)    

for payments (“direct payments”) representing all or part of a

 

personal budget to be made to the recipient, or (in prescribed

 

circumstances) a person of a prescribed description, in order to

 

secure any special guardianship support services to which the

 

budget relates;

 

(e)    

about the description of special guardianship support services to

 

which personal budgets and direct payments may (and may not)

 

relate;

 

(f)    

for a personal budget or direct payment to cover the agreed cost

 

of the special guardianship support services to which the budget

 

or payment relates;

 

(g)    

about when, how, to whom and on what conditions direct

 

payments may (and may not) be made;

 

(h)    

about when direct payments may be required to be repaid and the

 

recovery of unpaid sums;

 

(i)    

about conditions with which a person or body making direct

 

payments must comply before, after or at the time of making a

 

direct payment;

 

(j)    

about arrangements for providing information, advice or support

 

in connection with personal budgets and direct payments.

 

(5)    

If the regulations include provision authorising direct payments, they

 

must—

 

(a)    

require the consent of the recipient, or (in prescribed

 

circumstances) a person of a prescribed description, to be

 

obtained before direct payments are made;

 

(b)    

require the authority to stop making direct payments where the

 

required consent is withdrawn.

 

(6)    

Any special guardianship support services secured by means of direct

 

payments made by a local authority are to be treated as special

 

guardianship support services provided by the authority for all purposes,

 

subject to any prescribed conditions or exceptions.

 

(7)    

In this section “prescribed” means prescribed by regulations.’.


 
 

Notices of Amendments: 7 March 2013                     

22

 

Children and Families Bill, continued

 
 

Special guardianship support services: duty to provide information

 

Lucy Powell

 

NC9

 

To move the following Clause:—

 

‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship

 

support services: personal budgets), insert—

 

“14H  

Special guardianship support services: duty to provide information

 

(1)    

Except in circumstances prescribed by regulations, a local authority in

 

England must provide the information specified in subsection (2) to—

 

(a)    

any person who has contacted the authority to request

 

information about special guardianship support,

 

(b)    

any person within the authority’s area who the authority are

 

aware is a special guardian for a child, and

 

(c)    

any person within the authority’s area who is a special guardian

 

and has contacted the authority to request any of the information

 

specified in subsection (2).

 

(2)    

The information is—

 

(a)    

information about the special guardianship support services

 

available to people in the authority’s area;

 

(b)    

information about the right to request an assessment under

 

section 14F (assessments etc for special guardianship support

 

services), and the authority’s duties under that section and

 

regulations made under it;

 

(c)    

information about the authority’s duties under section 14G

 

(special guardianship support services: personal budgets) and the

 

regulations made under it;

 

(d)    

any other information prescribed by regulations.’.

 

Review of impact of under-occupancy penalty on prospective adopters, prospective

 

special guardians and foster parents

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC10

 

To move the following Clause:—

 

‘Before the end of one year beginning with the day on which this Act receives

 

Royal Assent, the Secretary of State must—

 

(a)    

carry out a review of the impact of the housing under-occupancy penalty

 

on prospective adopters, prospective special guardians and foster parents,

 

and

 

(b)    

publish a report of the conclusions of the review.’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

11

 

Clause  1,  page  1,  line  9,  after ‘adoption for C’ insert ‘and are satisfied that a

 

placement falling within paragraph (a) of subsection (6) would not be consistent with C’s

 

welfare’.


 
 

Notices of Amendments: 7 March 2013                     

23

 

Children and Families Bill, continued

 
 

Lisa Nandy

 

Mrs Sharon Hodgson

 

12

 

Clause  1,  page  1,  line  12,  leave out ‘(7) to (9)’ and insert ‘(7)(c), (8)(a) and (9)’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

13

 

Clause  1,  page  1,  line  12,  at end insert—

 

‘(9B)    

A child must not be considered for placement with a foster parent who has been

 

approved as a prospective adopter under subsection (9A) unless both parents (and

 

anyone else with parental responsibility for the child) have been referred to free

 

legal advice and have consented to the placement except where there is an interim

 

or full care order in place.’.

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

14

 

Clause  4,  page  3,  line  33,  at end insert—

 

‘(k)    

about the prescribed agencies from which adoption support services can

 

be purchased, which must include voluntary adoption agencies.’.

 

Mr. Edward Timpson

 

15

 

Schedule  1,  page  116,  line  14,  leave out paragraph 11 and insert—

 

‘11(1)  

Sections 125 to 131 cease to have effect in relation to Scotland.

 

      (2)  

Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).’.

 

Mr Edward Timpson

 

16

 

Clause  8,  page  7,  line  46,  at end insert—

 

‘( )    

In section 96(3) of that Act (section 95 does not prohibit payment of legal or

 

medical expenses in connection with applications under section 26 etc) after “26”

 

insert “, 51A”.

 

( )    

In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after

 

paragraph (ab) insert—

 

“(ac)    

an order made under section 51A of the Adoption and Children

 

Act 2002 (post-adoption contact), other than an order varying or

 

revoking such an order;”.

 

( )    

In section 2 of that Act (jurisdiction of courts in England and Wales to make Part

 

1 orders: pre-conditions) after subsection (2B) insert—

 

“(2C)    

A court in England and Wales shall not have jurisdiction to make an order

 

under section 51A of the Adoption and Children Act 2002 unless—

 

(a)    

it has jurisdiction under the Council Regulation or the Hague

 

Convention, or

 

(b)    

neither the Council Regulation nor the Hague Convention

 

applies but the condition in section 3 of this Act is satisfied.”’.

 

Mr Edward Timpson

 

17

 

Clause  8,  page  8,  line  4,  at end insert—


 
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