House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

27

House of Commons

Tuesday 12 March 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Children and Families Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [5 March 2013].

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

11

Clause  1,  page  1,  line  9,  at end insert ‘and are satisfied that a placement falling

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

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)’.

Lisa Nandy

Mrs Sharon Hodgson

6

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

Public Bill Committee: 12 March 2013
28

Children and Families Bill, continued

conducted’.

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

5

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

‘(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.’.

Lisa Nandy

Mrs Sharon Hodgson

13

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

‘(9C)
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

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.

Public Bill Committee: 12 March 2013
29

Children and Families Bill, continued

(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

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.’.

Lisa Nandy

Mrs Sharon Hodgson

9

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

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).’.

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).”.’.

Mr Edward Timpson

16

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

(3A)
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”.

(3B)
In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after

paragraph (ab) insert—

Public Bill Committee: 12 March 2013
30

Children and Families Bill, continued

“(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;”.

(3C)
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—

‘(5)
In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of

application for service family child assessment order) before paragraph (e)

insert—

“(db)
any person in whose favour an order under section 51A of the

Adoption and Children Act 2002 (post-adoption contact) is in

force with respect to the child;”.

(6)
In section 18(7) of that Act (persons who may apply to vary or discharge a service

family child assessment order) before paragraph (e) insert—

“(db)
any person in whose favour an order under section 51A of the

Adoption and Children Act 2002 (post-adoption contact) is in

force with respect to the child;”.

(7)
In section 20(8) of that Act (persons who are to be allowed reasonable contact

with a child subject to a protection order) before paragraph (d) insert—

“(cb)
any person in whose favour an order under section 51A of the

Adoption and Children Act 2002 (post-adoption contact) is in

force with respect to the child;”.

(8)
In section 22A(7) of that Act (persons who are to be allowed reasonable contact

with a child in service police protection) before paragraph (d) insert—

“(cb)
any person in whose favour an order under section 51A of the

Adoption and Children Act 2002 (post-adoption contact) is in

force with respect to the child,”.’.

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.’.

Lisa Nandy

Mrs Sharon Hodgson

18

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

Public Bill Committee: 12 March 2013
31

Children and Families Bill, continued

‘(3D)
A person appointed by a local authority under subsection (3B) is reponsible for

promoting the educational attainment of children in all schools in the local

authority area receiving public funding, including Academies.

(3E)
A person appointed by a local authority under subsection (3B) has responsibility

for allocating the pupil premium for the education of looked after children paid

to the local authority pursuant to section 14 of the Education Act 2002.’.

Lisa Nandy

Sharon Hodgson

19


Clause  10,  page  8,  line  20,  at end insert ‘unless in the view of the court it is

unreasonable to do so’.

Lisa Nandy

Sharon Hodgson

20


Clause  10,  page  8,  line  34,  at end insert ‘“approved mediator” means a mediator

who satisfies such training and quality assurance standards as the Lord Chancellor may

by regulations specify;’.

Lisa Nandy

Sharon Hodgson

21


Clause  10,  page  8,  line  36,  after ‘held’, insert ‘with an approved mediator’.

Lisa Nandy

Sharon Hodgson

23


Clause  11,  page  9,  line  17,  at end insert—

‘(2B)
“Involvement” means any kind of direct or indirect involvement that promotes

the welfare of the child, but shall not be taken to mean any particular division of

a child’s time.’.

Lisa Nandy

Sharon Hodgson

22


Page  9,  line  11,  leave out Clause 11.

Lisa Nandy

Sharon Hodgson

24


Clause  12,  page  9,  leave out lines 38 to 41, and insert—

‘(a)
with whom a child is to—

(i)
live,

Public Bill Committee: 12 March 2013
32

Children and Families Bill, continued

(ii)
spend time, or

(iii)
otherwise have contact; and

(b)
when, with any person, a child is to—

(i)
live,

(ii)
spend time, or

(iii)
otherwise have contact.’.

Lisa Nandy

Sharon Hodgson

25


Clause  12,  page  9,  line  42,  at end add—

‘(5)
“Rights of custody” under the Hague Convention are determined by an order

made under subsection (3)(a)(i).’.

Lisa Nandy

Sharon Hodgson

26


Clause  13,  page  10,  line  14,  leave out subsection (5).

Lisa Nandy

Sharon Hodgson

27


Clause  13,  page  10,  line  15,  at end insert—

‘(5A)
The court shall raise with the parties at the first hearing the issue of whether the

use of expert evidence is likely to be necessary in the proceedings and shall have

particular regard to setting a timetable for consideration of applications for

permission to put expert evidence before the court.’.

Lisa Nandy

Sharon Hodgson

28


Clause  14,  page  12,  line  15,  after ‘issued’, insert ‘unless the court considers it

necessary in order to safeguard or promote the child’s welfare to permit additional time

for the disposing of the application.’.

Lucy Powell

33


Clause  14,  page  12,  line  35,  at end insert ‘or promote the child’s long-term

welfare.’.

Lisa Nandy

Sharon Hodgson

29


Clause  14,  page  13,  line  4,  after ‘weeks’, insert ‘or, having taken into consideration

the safeguarding and promotion of the child’s welfare, following evidence presented to

the court relating to a planned programme of intervention, such longer time period as the

Public Bill Committee: 12 March 2013
33

Children and Families Bill, continued

court deems appropriate.’.

Lisa Nandy

Sharon Hodgson

30


Clause  15,  page  14,  line  6,  at end insert—

‘(A1)
Section 22 of the Children Act 1989 (general duty of local authority in relation to

children looked after by them) is amended as follows—

     In subsection (4), after “proposing to look after,”, insert “including when

making any fundamental change to the care plan before or after a care

order has been made.”.’.

Lisa Nandy

Sharon Hodgson

31


Clause  15,  page  14,  line  10,  after ‘provisions’, insert ‘and sibling placement

arrangements’.

Lisa Nandy

Sharon Hodgson

32


Clause  15,  page  14,  line  13,  at end insert ‘unless it deems such consideration

necessary in assessing the permanence provisions of the section 31A plan for the child

concerned and making the care order, taking into account the circumstances of the

application and the safeguarding and promotion of the child’s welfare.’.

New clauses

Amendments to the Health Act 2006

Alex Cunningham

Bill Esterson

Mr Steve Reed

Pat Glass

NC1

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—

“8A
Offence of failing to prevent smoking in a private vehicle when

children are present

(1)
It is the duty of any person who drives a private vehicle to ensure that that

vehicle is smoke-free whenever a child or children under the age of 18

are in such vehicle or part of such vehicle.



© Parliamentary copyright	Revised 12 March 2013