House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

67

House of Commons

Notices of Amendments

given on

Thursday 14 March 2013

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

Children and Families Bill Committee 49-65

Public Bill Committee

Children and Families Bill

Continuity of special educational provision when a child or young person moves

residence

Caroline Nokes

NC17

To move the following Clause:—

‘(1)
This section applies where—

(a)
a local authority (the “sending authority”) maintains an education, health

and care plan for a child or young person, and

(b)
another local authority (the “receiving authority”) is notified by the

child’s parent or the young person that they intend to move residence to

the receiving authority’s area.

(2)
Where the sending authority is notified by the child’s parent or the young person

that they intend to move residence it must provide the receiving authority with a

copy of the education, health and care plan.

(3)
The receiving authority must—

(a)
review the child or young person’s education health and care plan having

regard to the need for continuity of provision, and the outcomes specified

in the plan; and

(b)
provide the child’s parent or the young person with such information as

it considers appropriate.’.

Mrs Sharon Hodgson

68

Clause  19,  page  17,  line  17,  leave out ‘a local authority’ and insert ‘local

authorities and NHS bodies’.

Notices of Amendments: 14 March 2013
68

Children and Families Bill, continued

Mrs Sharon Hodgson

69

Clause  19,  page  17,  line  30,  at end add—

‘(e)
the well-being of the child or young person’.

Mrs Sharon Hodgson

70

Clause  19,  page  17,  line  30,  at end add—

‘(2)
The Secretary of State shall make regulations defining the objectives that—

(a)
a local authority in England, or

(b)
a local partner of that local authority, pursuant to section 28, subsection

(2), paragraphs (j) to (m),


shall pursue in exercising a function under this Part.

(3)
Objectives under subsection (2) must include, but are not limited to—

(a)
increasing, maintaining and promoting positive family relationships;

(b)
increasing, maintaining and promoting the participation of children and

young people and their families in local community activities;

(c)
where possible, increasing the proximity of services for children and

young people and their families to where they are needed, and

(d)
where possible, increasing the accessibility of services with regard to the

financial circumstances and working arrangements of the children and

young people and their families they cater to.’.

Mrs Sharon Hodgson

71

Clause  20,  page  17,  leave out lines 40 to 42 and insert—

‘(b)
is a disabled person as defined by section 6 of the Equality Act 2010.’.

Mrs Sharon Hodgson

72

Clause  20,  page  17,  line  42,  at end insert—

‘(c)
has a chronic illness or long-term health condition which impacts on his

or her ability to access the same learning opportunities as their peers

without additional or extra provision.’.

Information sharing about live births

Mrs Sharon Hodgson

NC18

To move the following Clause:—

‘(1)
NHS trusts should make arrangements to share with local authorities records of

live births to parents resident in their area, to be used by the local authority for the

purposes of identifying and contacting new families through children’s centres

and any other early years outreach services it may operate.

(2)
The Secretary of State must, within a period of six months of Royal Assent to this

Act, bring forward regulations placing consequential requirements on trusts and

local authorities in exercising their duty under subsection (1), including, but not

limited to—

(a)
the format of arrangements made;

(b)
the safeguarding of information;

Notices of Amendments: 14 March 2013
69

Children and Families Bill, continued

(c)
the circumstances in which it would not be appropriate for a trust to

provide information to local authorities;

(d)
the regularity of data transfers;

(e)
timescales within which a local authority must contact new families

made known to it; and

(f)
any further requirements the Secretary of State deems necessary.’.

Mrs Sharon Hodgson

73

Clause  25,  page  19,  line  28,  leave out subsection (2).

Mrs Sharon Hodgson

74

Clause  26,  page  20,  line  3,  at end insert—

‘(d)
any other provision deemed necessary to meet the special educational,

health or social care needs of a child or young person.’.

Mrs Sharon Hodgson

75

Clause  26,  page  20,  line  17,  at end insert—

‘(h)
compliance with the disability provisions of the Equalities Act.’.

Mrs Sharon Hodgson

76

Clause  26,  page  20,  line  23,  at end insert—

‘(d)
ensuring reasonable adjustments required are made.’.

Mrs Sharon Hodgson

77

Clause  26,  page  20,  line  34,  at end add—

‘(9)
The local authority must publish joint commissioning agreements in digital

format within one calendar month of said agreement being finalised or revised,

and make printed copies available on request.

(10)
In providing printed copies of joint commissioning agreements by virtue of

subsection (9), the local authority may charge a fee, the level of which should not

exceed the cost of supplying the copy.’.

Mrs Sharon Hodgson

78

Clause  27,  page  20,  line  38,  after ‘provision’, insert ‘, health care provision’.

Mrs Sharon Hodgson

79

Clause  27,  page  20,  line  41,  after ‘provision’, insert ‘, health care provision’.

Mrs Sharon Hodgson

80

Clause  27,  page  20,  line  43,  at end insert ‘including provision in institutions

approved by the Secretary of State by virtue of section 41 of this Part.’.

Notices of Amendments: 14 March 2013
70

Children and Families Bill, continued

Mrs Sharon Hodgson

81

Clause  27,  page  21,  line  3,  at end insert—

‘(2A)
The local authority must assess the extent to which there is sufficient funding in

place to secure the provision detailed in subsection (1) for all the children and

young people and their families who require it.

(2B)
Where a local authority exercising its duty under subsection (2A) finds that it

does not have sufficient funding in place to secure adequate provision for all

children and young people who require that provision, the authority must

consider jointly commissioning services for which it is exclusively responsible

with neighbouring local authorities, where this is appropriate.’.

Mrs Sharon Hodgson

82

Clause  27,  page  21,  line  27,  at end add—

‘(6)
The local authority must demonstrate that any changes in services made as a

result of exercising its functions under this section will have the effect of

improving provision available for children and young people with special

educational needs and their families.’.

Mrs Sharon Hodgson

83

Clause  27,  page  21,  line  27,  at end add—

‘(7)
The local authority must prepare and publish a report at least every 24 months

setting out how it has met its duties under this section.’.

Mrs Sharon Hodgson

84

Clause  28,  page  22,  line  27,  at end insert—

‘(n)
the proprietors or management of early years settings providing

education other than nursery schools in its area or which are attended, or

are likely to be attend, by children and young people for whom the local

authority is responsible.

(o)
the management or advisory board of Children’s Centres in its area or

which are attended, or are likely to be attended, by children and young

people for whom the local authority is responsible.

(p)
any organisation providing out of school childcare or short break services

in its area or which are attended, or are likely to be attended, by children

and young people for whom the local authority is responsible.

(q)
other local authorities.’.

Mrs Sharon Hodgson

85

Clause  29,  page  22,  line  44,  after ‘schools’, insert ‘including academies and free

schools’.

Mrs Sharon Hodgson

86

Clause  29,  page  23,  line  1,  at end insert—

‘(g)
non-maintained special schools;

(h)
institutions approved by the Secretary of State under section 41;

(i)
Ofsted-registered early years settings other than maintained nursery

schools.’.

Notices of Amendments: 14 March 2013
71

Children and Families Bill, continued

Mrs Sharon Hodgson

87

Clause  30,  page  23,  line  17,  leave out ‘it expects to be’ and insert ‘which is’.

Mrs Sharon Hodgson

88

Clause  30,  page  23,  line  20,  leave out ‘it expects to be’ and insert ‘which is’.

Mrs Sharon Hodgson

89

Clause  30,  page  23,  line  19,  after ‘needs’, insert ‘and their families’.

Mrs Sharon Hodgson

90

Clause  30,  page  23,  line  22,  at end insert ‘and their families’.

Mrs Sharon Hodgson

91

Clause  30,  page  23,  line  29,  after ‘young people’, insert ‘and their families’.

Mrs Sharon Hodgson

92

Clause  30,  page  23,  line  43,  leave out ‘parents’ and insert ‘families’.

Mrs Sharon Hodgson

93

Clause  30,  page  24,  line  9,  leave out ‘parents’ and insert ‘families’.

Mrs Sharon Hodgson

94

Clause  30,  page  23,  line  22,  at end insert ‘including provision in institutions

approved by the Secretary of State by virtue of section 41 of this Part.’.

Mrs Sharon Hodgson

95

Clause  30,  page  23,  line  35,  at end insert ‘, including in online communities.’.

Mrs Sharon Hodgson

96

Clause  30,  page  24,  line  20,  at end insert—

‘(ca)
information on the steps the local authority is taking to improve general

provision for and inclusion of children and young people in mainstream

institutions;’.

Mrs Sharon Hodgson

97

Clause  30,  page  23,  line  30,  at end insert—

‘(f)
services providing advice and support to the wider family of children and

young people with special educational needs.’.

Notices of Amendments: 14 March 2013
72

Children and Families Bill, continued

Mrs Sharon Hodgson

98

Clause  30,  page  23,  line  9,  at end insert—

‘(5A)
Any revision to a local offer made by virtue of subsection (5) must be

communicated clearly to children and young people with special educational

needs and their families with whom the authority has had prior contact, as well as

described in an addendum to the revised document.’.

Mrs Sharon Hodgson

99

Clause  30,  page  23,  line  9,  at end insert—

‘(5B)
In exercising its duty under subsection (5), the local authority must have regard

to any review carried out under section 27.’.

Mrs Sharon Hodgson

100

Clause  30,  page  23,  line  44,  at end insert—

‘(6A)
The Secretary of State shall lay a draft of regulations setting out the minimum

level of specific special educational provision, health care provision and social

care provision that local authorities must provide as part of their local offer, and

the regulations are not to be made unless they have been approved by a resolution

of each House of Parliament.

(6B)
Once regulations under subsection (6A) have been made, the Secretary of State

must—

(a)
issue guidance to local authorities on how to meet these regulations, and

(b)
publish information on these regulations accessible to the families of

children and young people with special educational needs on the

Department’s website, and in any other way he sees fit.’.

Mrs Sharon Hodgson

101

Clause  30,  page  24,  line  3,  leave out ‘may make provision about’ and insert ‘should

specify’.

Mrs Sharon Hodgson

102

Clause  31,  page  24,  line  38,  at end insert—

‘(3A)
Where a specified body does not comply with a request made under subsection

(1), and the requesting local authority is not satisfied with the reasons given under

subsections (2) and (3), the requesting local authority may make a request to the

Secretary of State for Health to investigate.

(3B)
Regulations may provide for the timescales within which the Secretary of State

for Health should assess and complete investigations requested under subsection

(3A), as well as powers to be granted to the Secretary of State for Health to enable

him to uphold any such complaints.’.

Mrs Sharon Hodgson

103

Clause  32,  page  24,  line  45,  after ‘and’, insert ‘children and’.

Mrs Sharon Hodgson

104

Clause  32,  page  25,  line  6,  after ‘(b)’, insert ‘children and’.

Notices of Amendments: 14 March 2013
73

Children and Families Bill, continued

Mrs Sharon Hodgson

105

Clause  32,  page  25,  line  2,  at end insert—

‘(1A)
Local authorities must ensure that in exercising their functions under subsection

(1), advice should be provided in the form of—

(a)
printed materials;

(b)
online resources, including signposting to resources published by others;

(c)
face to face discussions;

(d)
any other form which the local authority may deem necessary in

pursuance of its duties under the Equality Act.

(1B)
Local authorities must not make, or allow any individuals or organisations

providing advice on their behalf to make, any charge to families of children with

special educational needs, or young people with special educational needs, in

exercising their functions under this section.’.

Mrs Sharon Hodgson

106

Clause  32,  page  25,  line  11,  at end add—

‘(4)
Local authorities must ensure that internet-based services provided by them or on

their behalf in pursuance of their duties under this section meet British Standard

8878:2010.’.

Mrs Sharon Hodgson

107

Clause  33,  page  25,  leave out line 22 and insert—

‘(b)
meeting the specific needs of the child or young person’.

Children and young people in mainstream schools with specified health conditions,

without special educational needs

Mrs Sharon Hodgson

NC19

To move the following Clause:—

‘(1)
The governing body of a mainstream school has a duty to produce and implement

a medical conditions policy that defines how it plans to support the needs of

children with specified health conditions.

(2)
The medical conditions policy must include provision about—

(a)
the means by which records of the specified health conditions of children

at the school are to be recorded and maintained; and

(b)
the preparation of an individual healthcare plan for each child with a

specified health condition which sets out the needs of that child arising

from that condition.

(3)
The medical conditions policy must include requirements relating to the

provision of appropriate training for school staff to support the implementation of

individual healthcare plans.

(4)
In preparing an individual healthcare plan the governing body must—

(a)
consult the parents of the child concerned and, where appropriate, the

child about the contents of the plan; and

(b)
there shall be a duty on NHS bodies to co-operate with the governing

body in its preparation and implementation of individual healthcare

plans.



© Parliamentary copyright	Revised 15 March 2013