House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 March 2013
34

Children and Families Bill, continued

(2)
A person who fails to comply with the duty in subsection (1) commits an

offence.

(3)
A person convicted of an offence under this section who has not

previously been convicted of such an offence shall have the option of

attending a smoke-free driving awareness course in place of paying a fine

under subsection (4).

(4)
A person who does not wish to attend an awareness course or who has

previously been convicted of an offence under this section is liable on

summary conviction to a fine of £60.

(5)
The Secretary of State may introduce regulations to alter the level of

penalty payable under subsection (4).

(6)
The Secretary of State shall update all relevant regulations regarding the

offence created under subsection (2) within six months of this section

coming into force.

(7)
The Secretary of State shall introduce regulations within six months of

this section coming into force to prescribe the format of the awareness

course in subsection (3).”.

(3)
In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(5).”.

Information sharing

Bill Esterson

Ann Coffey

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.’.

Assessment and provision of adoption support services

Bill Esterson

Ann Coffey

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—

Public Bill Committee: 12 March 2013
35

Children and Families Bill, continued

“(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

Ann Coffey

NC5

To move the following Clause:—

Public Bill Committee: 12 March 2013
36

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

Ann Coffey

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.’.

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—

Public Bill Committee: 12 March 2013
37

Children and Families Bill, continued

“14G
Special guardianship support services: personal budgets

(1)
This section applies where—

(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.

Public Bill Committee: 12 March 2013
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Children and Families Bill, continued

(7)
In this section “prescribed” means prescribed by regulations.’.

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

Bill Esterson

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—

Public Bill Committee: 12 March 2013
39

Children and Families Bill, continued

(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.’.

Pre-proceedings work with families

Lisa Nandy

Mrs Sharon Hodgson

NC11

To move the following Clause:—

‘(1)
Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is

amended as follows—

(2)
After subsection (12) insert—

“(13)
Where, as a result of complying with this section, a local authority

concludes that a child may need to become looked after in order to

safeguard and promote the child’s welfare, the local authority must,

unless emergency action is required,—

(a)
identify, and consider the willingness and suitability of any

relative, friend or other person connected with the child, to care

for them as an alternative to them becoming looked after by

unrelated carers;

(b)
offer the child’s parents or other person with parental

responsibility a family group conference to develop a plan which

will safeguard and promote the child’s welfare.”.’.

Provision of health services for children looked after by local authorities

Annette Brooke

NC12


To move the following Clause:—

‘(1)
Following a medical assessment at the time of a child being taken into care, the

clinical commissioning group has a duty to health services, where appropriate.

(2)
Health services includes, but is not limited to, therapeutic counselling and other

mental health services.’.

Public Bill Committee: 12 March 2013
40

Children and Families Bill, continued

Welfare of the child - equality of parental relationship

Lisa Nandy

Sharon Hodgson

NC13


To move the following Clause:—

‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the

addition at the end of subsection (3) of the following paragraph:

“(h)
the quality of the relationship that the child has with each of his

parents, both currently and in the foreseeable future.”.’.

Arrangements for the provision of evidence by staff of a local authority or of an

authorised applicant in children proceedings

Lisa Nandy

Sharon Hodgson

NC14


To move the following Clause:—

‘(1)
The Secretary of State must make arrangements to support a person who is

instructed to provide evidence for use in children proceedings if they are a

member of the staff of a local authority or of an authorised applicant under section

13(8)(a)(i).

(2)
The arrangements described in subsection (1) may include—

(a)
training prior to the proceedings,

(b)
coaching whilst at court,

(c)
designated facilities at court to enable preparation for the proceedings,

and

(d)
any other arrangements the Secretary of State believes will enable

members of the staff of a local authority or of an authorised applicant to

provide evidence in the proceedings.’.

Order of the House [25 February 2013]

That the following provisions shall apply to the Children and Families Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 23 April 2013.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on Consideration shall (so far as not previously concluded) be



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