House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Notices of Amendments: 14 March 2013
81

Children and Families Bill, continued

Mrs Sharon Hodgson

157

Clause  58,  page  40,  line  38,  after ‘institution’, insert ‘, institution approved under

section 41’.

Mrs Sharon Hodgson

158

Clause  58,  page  41,  line  8,  after ‘institution’, insert ‘, institution approved under

section 41’.

Mrs Sharon Hodgson

159

Clause  59,  page  42,  line  4,  at end add—

‘(6)
Agreements made under this section should be published by the local authority in

digital format within one calendar month of being made.’.

Mrs Sharon Hodgson

160

Clause  60,  page  42,  line  12,  leave out subsection (3).

Mrs Sharon Hodgson

161

Clause  60,  page  42,  line  13,  at end add—

‘(4)
A local authority should contact the governing body of a school, post-16

institution or other institution at which education or training is provided before

accessing their premises, unless doing so would negate the purpose of the visit.’.

Mrs Sharon Hodgson

162

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 a child or young

person;

(b)
the family of a child or young person;

(c)
the young person;

(d)
the First Tier Tribunal; or

(e)
the Education Funding Agency.’.

Mrs Sharon Hodgson

163

Clause  61,  page  42,  line  28,  at end insert—

‘(2B)
The appropriate authority must have regard to any advice regarding its duties

under this section, where such advice is issued by—

(a)
the Secretary of State;

(b)
Her Majesty’s Chief Inspector of Education;

(c)
the local authority; or

(d)
the Education Funding Agency.’.

Notices of Amendments: 14 March 2013
82

Children and Families Bill, continued

Mrs Sharon Hodgson

164

Clause  62,  page  42,  line  39,  after ‘staff’, insert ‘who shall be a qualified teacher.’.

Mrs Sharon Hodgson

165

Clause  62,  page  42,  line  41,  at end insert—

‘(2A)
The SEN co-ordinator designated under the provisions of subsection (2) must be,

or on designation must become, a member of the senior management or

leadership team within the school.

(2B)
The SEN co-ordinator designated under the provisions of subsection (2) must be

a qualified teacher.’.

Early years area SEN co-ordinators

Mrs Sharon Hodgson

NC21

To move the following Clause:—

‘(1)
Local authorities must appoint sufficient full-time equivalent members of staff (to

be known as Early Years Area SEN Co-ordinators) to have responsibility for co-

ordinating provision for children in Ofsted-registered early years settings other

than maintained nursery schools.

(2)
In assessing sufficiency of staffing levels under subsection (1) the local authority

must have regard to—

(a)
the number of children with special educational needs in its area

registered with early years settings to which subsection (1) applies;

(b)
the number and geographical location of early years settings to which

subsection (1) applies.

(3)
Regulations may provide for—

(a)
further considerations to be made by local authorities in exercising their

duties under subsection (1);

(b)
the specific responsibilities of Early Years Area SEN Co-ordinators.

(4)
The Secretary of State shall publish guidance to local authorities to assist in

exercising their functions under subsection (1).

(5)
Local authorities must publish information on the provision of Early Years Area

SEN Co-ordinators as part of exercising their duties under section 30 of this Act

(local offer for children and young people with special educational needs).’.

Mrs Sharon Hodgson

166

Clause  63,  page  43,  line  14,  after ‘school’, insert ‘, an institution within the further

eduction sector’.

Mrs Sharon Hodgson

167

Clause  63,  page  43,  line  17,  leave out ‘parent’ and insert ‘family’.

Mrs Sharon Hodgson

168

Clause  63,  page  43,  line  19,  at end insert—

‘(2A)
In performing its duty under subsection (2), an appropriate authority must—

Notices of Amendments: 14 March 2013
83

Children and Families Bill, continued

(a)
attempt to do so as soon the decision is taken;

(b)
ensure that the child’s family or the young person are made fully aware

of the reason for and the process behind the decision being taken;

(c)
engage fully with the family or young person in making further decisions

with regard to educational provision for the child or young person; and

(d)
inform the local authority in which the child or young person residents.’.

Mrs Sharon Hodgson

169

Clause  63,  page  43,  line  22,  after ‘school’, insert ‘, an institution within the further

eduction sector’.

Mrs Sharon Hodgson

170

Clause  64,  page  43,  line  28,  after ‘schools’, insert ‘institutions within the further

education sector’.

Mrs Sharon Hodgson

171

Clause  64,  page  44,  line  3,  at end insert—

‘(v)
policies designed to promote the understanding of disability

amongst other pupils and the inclusion of disabled pupils in

lessons and activities.’.

Mrs Sharon Hodgson

172

Clause  65,  page  44,  line  16,  leave out ‘19’ and insert ‘25’.

Mrs Sharon Hodgson

173

Clause  65,  page  44,  line  34,  leave out ‘19’ and insert ‘25’.

Mrs Sharon Hodgson

174

Clause  65,  page  44,  line  17,  at end insert—

‘(1A)
Information collected and provided under subsection (2) should be published

including local and regional breakdowns.’.

Mrs Sharon Hodgson

175

Clause  65,  page  44,  line  13,  after ‘thinks’, insert ‘having had regard to accessibility

requirements under the Equality Act 2010.’.

Mrs Sharon Hodgson

176

Clause  65,  page  44,  line  39,  at end insert—

‘(4A)
In exercising his duties under subsection (4), the Secretary of State shall—

(a)
invite comment on the content and format of published information;

(b)
publish the comments received and any subsequent responses, in the

form of a report; and

(c)
provide an explanation of any year on year differences in the content and

format of the published information in an accompanying document.’.

Notices of Amendments: 14 March 2013
84

Children and Families Bill, continued

Mrs Sharon Hodgson

177

Clause  65,  page  45,  line  3,  leave out subsection (8).

Mrs Sharon Hodgson

178

Clause  67,  page  45,  line  40,  at end insert ‘and Explanatory Notes to the draft of the

code.’.

Mrs Sharon Hodgson

179

Clause  67,  page  45,  line  40,  at end insert—

‘(1A)
Where the Secretary of State proposes to revise the code, the explanatory notes

referred to in subsection (1) must include an explanation of the proposed

revisions and the reasons for those revisions.’.

Mrs Sharon Hodgson

180

Clause  67,  page  46,  line  1,  leave out ‘such persons as the Secretary of State sees fit’

and insert ‘publicly, for a period of not less than 90 days’.

Mrs Sharon Hodgson

181

Clause  67,  page  46,  line  2,  leave out ‘by them’ and insert ‘as part of that

consultation’.

Mrs Sharon Hodgson

182

Clause  67,  page  46,  line  6,  leave out subsections (4) to (8) and insert—

‘(4)
The code (or revised code) may be issued only in the form of a draft code which

has been approved by resolution of each House of Parliament.’.

Mrs Sharon Hodgson

183

Page  47,  line  15,  leave out Clause 69.

Application of Part 3 to detained children and young people

Mrs Sharon Hodgson

NC22

To move the following Clause:—

‘(1)
This section applies to children and young people detained in custody in

pursuance of—

(a)
an order made by a court, or

(b)
an order of recall made by the Secretary of State.

(2)
Where a child or young person under the age of 18 to whom subsection (1) applies

has an EHC plan immediately prior to commencing his or her custodial sentence,

the local authority responsible for that child or young person must determine

which elements of provision described in the said plan may be delivered during

that sentence.

Notices of Amendments: 14 March 2013
85

Children and Families Bill, continued

(3)
Where a child or young person under the age of 18 to whom subsection (1) applies

has an EHC plan immediately prior to commencing his or her custodial

sentence—

(a)
if that sentence is greater than 13 weeks in minimum length, the

responsible local authority may cease the plan;

(b)
if the sentence is not more than 13 weeks in minimum length, the

responsible local authority may consider whether it would be

advantageous to continue to deliver any parts of the child or young

person’s EHC plan during his or her detention.

(4)
In the course of their considerations under subsections (2) and (3), the responsible

local authority must consult—

(a)
the child or young person concerned, and their family;

(b)
the institution in which the child or young person will be detained;

(c)
any organisations delivering education or training within or on behalf of

the institution in which the child or young person will be detained, and;

(d)
any professionals or agencies other than the local authority which

currently provide services under the terms of the child or young person’s

EHC plan.

(5)
In the course of their considerations under subsections (2) and (3), the responsible

local authority must have regard to—

(a)
the nature of the crime for which the child or young person has been

detained;

(b)
the age of the child or young person;

(c)
the previous educational outcomes of the child or young person;

(d)
the views of those consulted by virtue of subsection (4), and;

(e)
the level and appropriateness of education or training delivered within or

on behalf of the institution in which the child or young person will be

detained.’.

Mrs Sharon Hodgson

184

Clause  72,  page  48,  line  23,  at end insert—

‘“well-being” means well-being so far as relating to the matters specified in

section 10(2) (a) to (e) of the Children Act 2004.’.

Inclusion within mainstream schools and post-16 institutions

Mrs Sharon Hodgson

NC23

To move the following Clause:—

‘(1)
This section applies where a child or young person with special educational needs

attends a mainstream school or post-16 institution.

(2)
The relevant authority should use its best endeavours to ensure that—

(a)
the child or young person is able to access mainstream courses and

qualifications within that institution;

(b)
all staff working at the school who may have contact with the child or

young person are aware of the needs of that child or young person;

(c)
all web-based content provided by it or on its behalf meets British

Standard 8878:2010; and

(d)
all students in attendance at the institution are able to play an active role

in school life.

Notices of Amendments: 14 March 2013
86

Children and Families Bill, continued

(3)
The relevant authority should produce and publish a document explaining how it

meets its duties under this section.

(4)
The Secretary of State should, within one year of the commencement of this Act,

produce guidance for schools and post-16 institutions to assist them in fulfilling

their duties under this section.’.

Inclusion: apprenticeships

Mrs Sharon Hodgson

NC24

To move the following Clause:—

‘(1)
The Apprenticeships, Skills, Children and Learning Act 2009 is amended as

follows:

(2)
After section 12(2) insert new subsection—

“(2A)
The requirements specified should not adversely affect the participation

of young people with special educational needs or disabilities in

apprenticeship schemes, if they are able to perform at the prescribed

occupational standard required by the apprenticeship framework.”.’.

Children and young people temporarily unable to attend mainstream school

Mrs Sharon Hodgson

NC25

To move the following Clause:—

‘(1)
This section applies where a child or young person of compulsory school age is

unable to attend school for a period of between one and twenty four months.

(2)
The local authority responsible for a child or young person for whom subsection

(1) applies must ensure that appropriate educational provision is available and

provided to the child or young person concerned, and that any identified health or

social care needs are provided for.

(3)
Regulations may specify acceptable reasons for which subsection (1) may apply,

including, but not limited to—

(a)
the placement of the child or young person in a certain school under

section 39 of this Act is the subject of dispute;

(b)
the child or young person has been withdrawn from school while an EHC

Plan is being prepared;

(c)
the child or young person has been withdrawn from school as a result of

a diagnosed medical condition;

(d)
the child or young person has been withdrawn from school, whether by

the school, their parents or themselves, as a result of bullying or fear of

bullying;

(e)
the child or young person has been withdrawn from school as a result of

a diagnosed mental condition or temporary mental instability, including

phobia or trauma.

(4)
In discharging their duties under this section, a local authority must—

(a)
consult with the child or young person and their family;

(b)
consult with the school at which the child or young person is currently

enrolled, or was last enrolled at;

(c)
consult with professionals from any other agency known to be in contact

with the child or young person and their family in relation to the reason

Notices of Amendments: 14 March 2013
87

Children and Families Bill, continued

for which the child or young person concerned has been withdrawn from

school;

(d)
continue to monitor the development of the child or young person

concerned;

(e)
have regard to the age and prior educational outcomes of the child or

young person when determining provision, and

(f)
consider the suitability of internet-based educational provision.’.

Reporting on implementation of Part 3

Mrs Sharon Hodgson

NC26

To move the following Clause:—

‘Within the period of one year beginning with the commencement of this Part,

and every year thereafter, the Secretary of State must lay before Parliament a

report about the effect of this Part.’.

Mr Robert Buckland

185

Clause  30,  page  24,  line  22,  at end insert—

‘(e)
information about how transitional planning will be undertaken by

officers of the local authority;

(f)
information on additional services for children with high incidence and

low severity needs.’

Mr Robert Buckland

186

Clause  44,  page  32,  line  36,  at end insert—

‘(b)
about circumstances in which a local authority must or may review an

EHC plan as a result of responsibility for all or part of a child or young

person’s EHC plan being transferred between teams in a local authority.’

Mr Robert Buckland

187

Clause  25,  page  19,  line  21,  leave out ‘in its area who have special educational

needs, or’ and insert—

‘(i)
in its area who have special educational needs, or

(ii)
outside its area for children or young people for whom it is

responsible who have special educational needs.’

Mr Robert Buckland

188

Clause  28,  page  22,  line  39,  at end add—

‘( )
A local authority in England may co-operate with another local authority in

England to commission and provide services for children and young people with

low incidence special educational needs.’

Mr Robert Buckland

189

Clause  21,  page  18,  line  16,  at end insert ‘including the private, voluntary and

independent early years sector and home-based early years provision.’.



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