Session 2012-2013
Internet Publications
Other Bills before Parliament
House of Commons Notices of Amendments
given on
Thursday 11 April 2013
For other Amendment(s) see the following page(s):
Children and Families Bill Committee 157-191, 193-207, 209-11 and 213-15
Public Bill Committee
Children and Families Bill
Jo Swinson
275
Clause 87, page 57, line 15, leave out ‘made by the Secretary of State’ and insert
‘under section 75E’.
Jo Swinson
276
Clause 87, page 61, line 24, leave out ‘made by the Secretary of State’ and insert
‘under section 75G’.
Jo Swinson
277
Clause 87, page 65, line 20, leave out ‘75F(3) or (16)’ and insert ‘75F(16)’.
Jo Swinson
278
Clause 87, page 65, line 20, leave out ‘75H(3), (16)’ and insert ‘75H(16)’.
Jo Swinson
Jo Swinson
Jo Swinson
281
Schedule 7, page 171, line 28, at end insert—
‘ After sub-paragraph (7) there is inserted—
“(7A) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the placement or
expected placement of a child under section 22C of the
Children Act 1989, and
(b)
in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
Social Security Contributions and Benefits Act 1992, as
modified by section 171ZB(8) of that Act (cases involving
the placing of a child by a local authority in England with a
local authority foster parent who has been approved as a
prospective adopter).
(7B) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the birth or
expected birth of a child, and
(b)
in relation to that child, the member satisfies the conditions
prescribed under section 171ZB(2)(a)(i) and (ii) of the
Social Security Contributions and Benefits Act 1992, as
applied by virtue of section 171ZK(2) of that Act (cases
involving applicants for parental orders under section 54 of
the Human Fertilisation and Embryology Act 2008).” ’.
Jo Swinson
282
Schedule 7, page 171, line 31, at end insert—
(1)
Paragraph 5B (schemes that contain unfair adoption leave provisions) is
amended as follows.
(2)
In sub-paragraph (4) (definitions), in the definition of “period of paid adoption
leave”, in paragraph (a), for “or (6)” there is substituted “, (6), (7) or (8)”.
(3) After sub-paragraph (6) there is inserted—
“(7) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the placement or
expected placement of a child under section 22C of the
Children Act 1989, and
(b)
in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as modified by section 171ZL(9) of
that Act (cases involving the placing of a child by a local
authority in England with a local authority foster parent
who has been approved as a prospective adopter).
(8) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the birth or
expected birth of a child, and
(b)
in relation to that child, the member satisfies the condition
in section 171ZL(2)(a) of the Social Security Contributions
and Benefits Act 1992, as applied by virtue of section
171ZT(2) of that Act (cases involving applicants for
parental orders under section 54 of the Human Fertilisation
and Embryology Act 2008).” ’.
Jo Swinson
283
Schedule 7, page 171, line 31, at end insert—
After paragraph 5B there is inserted—
Unfair shared parental leave provisions
5C.
(1)
Where an employment-related benefit scheme includes any unfair
shared parental leave provisions (irrespective of any differences on
the basis of sex in the treatment accorded to members under those
provisions), then—
(a)
the scheme shall be regarded to that extent as not
complying with the principle of equal treatment; and
(b)
subject to sub-paragraph (3), this Schedule shall apply
accordingly.
(2)
In this paragraph “unfair shared parental leave provisions”, in
relation to an employment-related benefit scheme, means any
provision—
(a)
which relates to continuing membership of, or the accrual
of rights under, the scheme during any period of paid
shared parental leave in the case of any member who is (or
who, immediately before the commencement of such a
period, was) an employed earner and which treats such a
member otherwise than in accordance with the normal
employment requirement; or
(b)
which requires the amount of any benefit payable under the
scheme to or in respect of any such member, to the extent
that it falls to be determined by reference to earnings during
a period which included a period of paid shared parental
leave, to be determined otherwise than in accordance with
the normal employment requirement.
(3) In the case of any unfair shared parental leave provision—
(a)
the more favourable treatment required by paragraph 3(1)
is treatment no less favourable than would be accorded to
the member in accordance with the normal employment
requirement; and
(b)
paragraph 3(2) does not authorise the making of any such
election as is there mentioned;
but, in respect of any period of paid shared parental leave, a member
shall only be required to pay contributions on the amount of
contractual remuneration or statutory shared parental pay actually
paid to or for the member in respect of that period.
(4) In this paragraph—
“the normal employment requirement” is the requirement that any
period of paid shared parental leave shall be treated as if it were a
period throughout which the member in question works normally
and receives the remuneration likely to be paid for doing so;
“period of paid adoption leave” has the same meaning as in paragraph
5B;
“period of paid paternity leave” has the same meaning as in paragraph
5A;
“period of paid shared parental leave”, in the case of a member, means
a period—
throughout which the member is absent from work in
circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10)
applies, and
for which the employer (or if the member is no longer in that
person’s employment, his former employer) pays the member
any contractual remuneration or statutory shared parental pay.
(5) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the birth of a
child,
(b) the member is the mother of the child, and
(c)
the absence from work is not absence on maternity leave
(within the meaning of the Equality Act 2010).
(6) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the birth of a
child,
(b)
the member is a person who satisfies the conditions
prescribed under section 171ZU(4)(b)(i) or (ii) of the
Social Security Contributions and Benefits Act 1992 in
relation to the child, and
(c)
the member’s absence from work is not absence during a
period of paid paternity leave.
(7) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the placement of
a child for adoption under the law of any part of the United
Kingdom,
(b) the member is—
(i)
a person with whom a child is placed for adoption
under the law of any part of the United Kingdom,
or
(ii)
a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992 in
relation to the child, and
(c) the member’s absence from work is not absence during—
(i) a period of paid paternity leave, or
(ii) a period of paid adoption leave.
(8) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the placement of
a child under section 22C of the Children Act 1989 by a
local authority in England with a local authority foster
parent who has been approved as a prospective adopter,
(b) the member is—
(i)
the local authority foster parent with whom the
child in question is placed under section 22C of the
Children Act 1989, or
(ii)
a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992, as
modified by section 171ZV(18) of that Act (cases
involving the placing of a child by a local authority
in England with a local authority foster parent who
has been approved as a prospective adopter), in
relation to the child, and
(c) the member’s absence from work is not absence during—
(i) a period of paid paternity leave, or
(ii) a period of paid adoption leave.
(9) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the adoption or
expected adoption of a child who has entered the United
Kingdom in connection with or for the purposes of
adoption which does not involve placement of the child for
adoption under the law of any part of the United Kingdom,
(b) the member is—
(i)
the person who has adopted or expects to adopt the
child in question, or
(ii)
a person who satisfies the conditions prescribed
under section 171ZV(4)(b)(i) or (ii) of the Social
Security Contributions and Benefits Act 1992, as
applied by virtue of section 171ZZ5(1) of that Act
(adoption cases not involving placement under the
law of the United Kingdom), in relation to the
child, and
(c) the member’s absence from work is not absence during—
(i) a period of paid paternity leave, or
(ii) a period of paid adoption leave.
(10) This sub-paragraph applies if—
(a)
the member’s absence from work is due to the birth of a
child,
(b)
the member is a person who has applied, or intends to
apply, for a parental order under section 54 of the Human
Fertilisation and Embryology Act 2008 in relation to the
child, and
(c) the member’s absence from work is not absence during—
(i) a period of paid paternity leave, or
(ii) a period of paid adoption leave.” ’.
Mrs Sharon Hodgson
Lisa Nandy
284
Clause 73, page 48, line 43, at beginning insert ‘If, after a consultation period of
not less than three months, and the publication of a response to the consultation, the
Secretary of State is satisfied with the provisions, he may make an order so that’.
Mrs Sharon Hodgson
Lisa Nandy
285
Page 49, line 12, Leave out Clause 75.
Staff to child ratios: Ofsted-registered childminder settings
Mrs Sharon Hodgson
Lisa Nandy
Lucy Powell
NC38
To move the following Clause:—
‘( 1) This section applies to Ofsted-registered childminder settings.
(2)
The ratio of staff to children under the age of eight must be no less than one to
six, where—
(a) a maximum of three children may be young children;
(b) a maximum of one child is under the age of one.
(3)
Any care provided by childminders for older children must not adversely affect
the care of children receiving early years provision.
(4)
If a childminder can demonstrate to parents, carers and inspectors, that the
individual needs of all the children are being met, then in addition to the ratio set
out in subsection (2), they may also care for—
(a) babies who are siblings of the children referred to in subsection (2), or
(b) their own baby.
(5)
If children aged between four and five years only attend the childminding setting
outside of normal school hours or the normal school term time, they may be cared
for at the same time as three other young children, provided that at no time does
the ratio of staff to children under the age of eight exceed one to six.
(6)
If a childminder employs an assistant or works with another childminder, each
childminder or assistant may care for the number of children permitted by the
ratios specified in subsections (2), (4) and (5).
(7)
Children may only be left in the sole care of a childminder’s assistant for two
hours in a single day.
(8)
Childminders must obtain the permission of a child’s parents or carers before that
child can be left in the sole care of a childminder’s assistant.
(9)
The ratios in subsections (2), (4) and (5) apply to childminders providing
overnight care, provided that the children are continuously monitored, which may
be through the use of electronic equipment.
(10) For the purposes of this section a child is—
(a) a “young child” up until 1 September following his or her fifth birthday.
(b)
an “older child” after the 1 September following his or her fifth
birthday.’.
Staff to child ratios: Ofsted-registered non-domestic childminder
Mrs Sharon Hodgson
Lisa Nandy
Lucy Powell
NC39
To move the following Clause:—
‘( 1) This section applies to Ofsted-registered, non-domestic childcare settings.
(2) For children aged under two—
(a) the ratio of staff to children must be no less than one to three;
(b)
at least one member of staff must hold a full and relevant level 3
qualification, and must be suitably experienced in working with children
under two;
(c)
at least half of all other members of staff must hold a full and relevant
level 2 qualification;
(d)
at least half of all members of staff must have received training in care
for babies; and
(e)
where there is a dedicated area solely for children under two years old,
the member of staff in charge of that area must, in the judgement of their
employer, have suitable experience of working with children under two
years old.
(3) For children between the ages of two and three—
(a) the ratio of staff to children must be no less than one to four;
(b)
at least one member of staff must hold a full and relevant level 3
qualification; and
(c)
at least half of all other members of staff must hold a full and relevant
level 2 qualification.
(4)
Where there is registered early years provision, which operates between 8 am and
4 pm, and a member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification is working
directly with the children, for children aged three and over—
(a) the ratio of staff to children must be no less than one to 13; and
(b)
at least one other member of staff must hold a full and relevant level 3
qualification.
(5)
Where there is registered early years provision, which operates outside the hours
of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of
staff with Qualified Teacher Status, Early Years Professional Status or other full
and relevant level 6 qualification is not working directly with the children, for
children aged three and over—
(a) the ratio of staff to children must be no less than one to eight;
(b)
at least one member of staff must hold a full and relevant level 3
qualification; and
(c)
at least half of all other staff must hold a full and relevant level 2
qualification.
(6) In independent schools where—
(a)
a member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;
(b) an instructor; or
(c)
a suitably qualified overseas-trained teacher is working directly with the
children, for children aged three and over—
(i)
for classes where the majority of children will reach the age of
five or older within the school year, the ratio of staff to children
must be no less than one to 30;
(ii)
for all other classes the ratio of staff to children must be no less
than one to 13; and
(iii)
at least one other member of staff must hold a full and relevant
level 3 qualification.
(7) In independent schools where there is—
(a)
no member of staff with Qualified Teacher Status, Early Years
Professional Status or other full and relevant level 6 qualification;
(b) no instructor; or
(c)
no suitably qualified overseas-trained teacher, working directly with the
children, for children aged three and over—
(i) the ratio of staff to children must be no less than one to eight;
(ii)
at least one member of staff must hold a full and relevant level 3
qualification; and
(iii)
at least half of all other members of staff must hold a full and
relevant level 2 qualification.
(8)
In maintained nursery schools and nursery classes in maintained schools (except
reception classes)—
(a) the ratio of staff to children must be no less than one to 13;
(b)
at least one member of staff must be a school teacher as defined by
subsection 122(3) [Power to prescribe pay and conditions] of the
Education Act 2002 and Schedule 2 to the Education (School Teachers’
Qualifications) (England) Regulations 2003; and
(c)
at least one other member of staff must hold a full and relevant level 3
qualification.
(9) The Secretary of State may make provision in statutory guidance to—
(a) define qualifications as “full and relevant”; and
(b) define “suitable experience” for those working with children under two.
(10)
If HM Chief Inspector of Education is concerned about the quality of provision
or the safety and well-being of children in a setting he may impose different
ratios.’.
Information on children’s centres
Mrs Sharon Hodgson
Lisa Nandy
NC40
To move the following Clause:—
‘( 1)
The Secretary of State must compile and publish information on children’s
centres in England every three months, including—
(a) the number of registered children’s centres in each local authority area;
(b) the annual budget of each children’s centre in each local authority area;
(c) the total weekly opening hours of each centre in each local authority area;
(d)
any changes in the figures for (a), (b) or (c) since the same period in the
preceding year; and
(e) any other information he deems useful to compile and publish.
(2)
Local authorities are obliged to provide information requested by the Secretary of
State in pursuance of his duties under subsection (1), in a format specified by him.
(3)
The Secretary of State must publish information in an accessible format, not later
than three months after the information has been provided by the local authorities.
(4)
The Secretary of State may charge a prescribed fee for providing information
compiled under this section in paper form.
(5)
The level of fee charged under subsection (5) must not exceed the cost of
production and supply.
(6)
In this section “Children’s Centre” has the meaning given by section 5A(4)
[Arrangements for provision of children’s centres] of the Childcare Act 2006.’.
Duty to ensure sufficient support
Mrs Sharon Hodgson
Lisa Nandy
NC41
To move the following Clause:—
‘( 1)
It shall be the general duty of every local authority to take steps to ensure that, so
far as reasonably practicable, a range and level of services are provided sufficient
to improve the wellbeing of young carers who are ordinarily resident in their area.
(2)
The reference in subsection (1) to services may include those provided by
institutions referred to elsewhere in this Act, as well as to those provided on a
regular basis by charitable and voluntary organisations.
(3)
In discharging its duty under subsection (1), a local authority must have regard
to—
(a)
data gathered by other agencies in exercising their duties under sections
[Health bodies: duties with respect to young carers], [Schools: duties
with respect to young carers] and [Further and higher education
institutions: duties with respect to student carers];
(b) any guidance given from time to time by the Secretary of State.’.
Duty to assess social care provision for young carers
Mrs Sharon Hodgson
Lisa Nandy
NC42
To move the following Clause:—
‘( 1)
In determining for the purposes of section [Duty to ensure sufficient support]
whether the provision of social care support is sufficient to meet the needs of
young carers, a local authority must—
(a)
undertake an assessment of social care needs of disabled people and
young carers in their area;
(b)
undertake an assessment of the sufficiency of the supply of social care
services for disabled people and young carers in their area;
(c)
publish a strategy setting out the steps to ensuring sufficiency of supply
of social care services for disabled people and young carers in their area;
and
(d)
have regard to any guidance given from time to time by the Secretary of
State.
(2)
In relation to paragraphs (1)(a) and (b), the Secretary of State may by regulations
define the assessments of social care needs and sufficiency of supply of social
care services.’.
Health bodies: duties with respect to young carers
Mrs Sharon Hodgson
Lisa Nandy
NC43
To move the following Clause:—
‘( 1) In exercising their general functions health bodies must—
(a) promote and safeguard the well-being of young carers;
(b)
ensure that effective procedures exist to identify patients who are or are
about to become carers;
(c)
ensure that effective procedures exist to identify patients who it may be
reasonably assumed may be receiving care from a child or young person
for whom they are responsible;
(d)
ensure that appropriate systems exist to ensure that carers receive
appropriate information and advice; and
(e)
ensure that systems are in place to ensure that the relevant general
medical services are rendered to their patients who are young carers, or
to the young carers of their patients.
(2)
In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by
regulations further provide for the strategies to be developed.’.
Schools: duties with respect to young carers
Mrs Sharon Hodgson
Lisa Nandy
NC44
To move the following Clause:—
‘( 1)
The appropriate authorities of schools must ensure that, within 12 months of the
passing of this Act, they take all reasonable steps to ensure that there is in place
a policy which—
(a) identifies young carers within the school; and
(b)
makes arrangements for the provision within school of appropriate
support to promote the well-being and improve the educational
attainment of pupils who are young carers.
(2)
In discharging its duty under subsection (1), where appropriate the authority
must—
(a)
consult with the family of the child or young person identified, or the
young person themselves;
(b)
involve the local authority in which the identified pupil is ordinarily
resident;
(c) refer the identified pupil to additional services outside the school;
(d)
have regard to any guidance given from time to time by the Secretary of
State.
(3) The “appropriate authority” for a school is—
(a) in the case of a maintained school, the governing body;
(b) in the case of an Academy, the proprietor;
(c) in the case of a pupil referral unit, the management committee.’.
Further and higher educational institutions: duties with respect to student carers
Mrs Sharon Hodgson
Lisa Nandy
NC45
To move the following Clause:—
‘( 1)
The responsible body of an institution to which this section applies must, within
12 months of the passing of this Act, identify or make arrangements to identify
student carers and have a policy in place on promoting the well-being of student
carers.
(2) This section applies to—
(a) a university;
(b) any other institution within the higher education sector;
(c) an institution within the further education sector.
(3) A responsible body is—
(a)
in the case of an institution in paragraphs (2)(a) or (b), the governing
body;
(b)
in the case of a college of further education under the management of a
board of management, the board of management;
(c)
in the case of any other college of further education, any board of
governors of the college or any person responsible for the management
of the college, whether or not formally constituted as a governing body
or board of governors.
(4)
In discharging its duty under subsection (1), where appropriate the authority
must—
(a)
consult with the family of the child or young person identified, or the
young person themselves;
(b)
involve the local authority in which the identified pupil is ordinarily
resident;
(c)
refer the identified student to additional services outside of the
institution; and
(d)
have regard to any guidance given from time to time by the Secretary of
State.’.
Interpretation
Mrs Sharon Hodgson
Lisa Nandy
NC46
To move the following Clause:—
‘In this Part—
“carer” has the same meaning as in section 1 of the Carers (Recognition and
Services) Act 1995;
“young carer” means a person under 18 years of age who carries out caring
tasks and assumes a level of responsibility for another person which
would normally be carried out by an adult;
“student carer” means a person enrolled with an institution in the further or
higher education sector who carries out caring tasks and assumes a level
of responsibility for another person with a disability;
“well-being” means the state of young carers so far as relating to—
physical and mental health and emotional well-being;
control by them over their day-to-day lives;
participation in education, training or recreation;
social and economic well-being;
domestic, family and personal relationships;
the contribution made by them to society.
“children’s services” means services that could be provided under section
17(1) of the Children Act 1989;
“community care services” has the same meaning as in section 46(3) of the
National Health Service and Community Care Act 1990;
“disability” has the same meaning as in section 6 of the Equality Act 2010;
“general medical services” has the same meaning as in the National Health
Service Act 2006;
“health bodies” includes—
“Clinical Commissioning Groups”, which has the same meaning
as in section 1I of the National Health Service Act 2006;
“Foundation Trusts”, which has the same meaning as in section
30 of the National Health Service Act 2006;
“NHS Trusts”, which have the same meaning as in section 25 of
the National Health Service Act 2006; and
“the NHS Commissioning Board”, which has the same meaning
as in section 1H of the National Health Service Act 2006;
“higher education” and “further education” have the same meanings as in
section 94 of the Equality Act 2010;
“local authority” means a county council, district council, London borough
council, the Greater London Authority or the Common Council of the
City of London;
“social care services” means any support that could be provided by a local
authority in discharge of its functions under the Local Authority Social
Services Act 1970 or pursuant to its powers under section 2 of the Local
Government Act 2000.’.
Teachers
Mr Graham Allen
NC47
To move the following Clause:—
‘( 1)
This section imposes duties on the appropriate authorities of the following
schools in England—
(a) mainstream schools;
(b) maintained nursery schools.
(2)
The appropriate authority must ensure all new teachers have undertaken in their
initial teacher training a mandatory module on special educational needs,
including dyslexia.
(3) The “appropriate authority” for a school is—
(a)
in the case of a maintained school or maintained nursery school, the
governing body;
(b) in the case of an Academy, the proprietor.’.
Mr Graham Allen
286
Clause 62, page 42, line 41, at end insert—
‘(2A)
The appropriate authority must designate a member of staff who shall be a
qualified teacher and must have undertaken training to include a mandatory
module on special educational needs, including dyslexia at the school (to be
known as the “SEN co-ordinator”) as having responsibility for co-ordinating the
provision for pupils with special educational needs.’.
Mr Graham Allen
287
Clause 22, page 18, line 32, after ‘identifies’, insert ‘as early as possible’.
Mr Graham Allen
288
Clause 30, page 23, line 17, after ‘it’, insert ‘provides’.
Mr Graham Allen
289
Clause 30, page 23, line 20, after ‘it’, insert ‘provides’.
Mr Graham Allen
290
Clause 30, page 24, line 2, at end insert—
‘(7A) Regulations must make provision about a national framework including—
(a) the principles underpinning the local offer;
(b) how services in the local offer are to be reviewed;
(c)
the scope of what should be covered by the local offer including the
minimum level of specific special educational provision, health care
provision and social care provision that local authorities must provide;
(d) the format in which a local offer will be prepared and published; and
(e)
how services can be held to account for failing to deliver what is set out
in the local offer.’.
Mr Graham Allen
291
Clause 61, page 42, line 28, at end insert—
‘(2A)
In fulfilling its duties under this section, the appropriate authority must provide a
report of how it has done so for a registered pupil or a student at a school, where
such a report is requested by—
(a) the local authority responsible for the education of the child;
(b) the family of the child or young person;
(c) the young person;
(d) first tier tribunal; or
(e) education funding agency.’.
Mr Graham Allen
292
Clause 61, page 42, line 26, after ‘secure’, insert ‘so far as is reasonably possible’.