House of Commons Amendments

Session 2012 - 13
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Other Bills before Parliament

Notices of Amendments: 14 March 2013
88

Children and Families Bill, continued

Mr Robert Buckland

190

Clause  41,  page  31,  line  10,  at end insert ‘and listed in a local offer.’.

Mr Robert Buckland

191

Clause  41,  page  31,  line  22,  at end insert—

‘( )
The Secretary of State must give consideration to an institution’s request to be

approved if it meets the criteria outlined in Regulations made under this section.’.

Mr Robert Buckland

192

Clause  41,  page  31,  line  33,  at end insert—

‘( )
what recourse institutions will have to appeal or review decisions made

by the Secretary of State;

( )
as to what timetable a list of institutions will be adjusted, published and

reviewed;

( )
what relation an approved list of institutions has with regulations

governing local offers.’.

Mr Robert Buckland

193

Clause  27,  page  21,  line  18,  at end insert—

‘( )
the governing bodies, proprietors or principals of institutions approved

by the Secretary of State under section 41 (independent special schools

and special post-16 institutions: approval).’.

Mr Robert Buckland

194

Clause  30,  page  23,  line  25,  after ‘provision’, insert ‘including institutions

approved by the Secretary of State under section 41’.

Mr Robert Buckland

195

Clause  22,  page  18,  line  32,  after ‘identifies’, insert ‘as early as possible’.

Mr Robert Buckland

196

Clause  30,  page  24,  line  13,  at end insert—

‘(f)
the arrangements to support all teaching staff to help children with

special educational needs.’.

Access to therapeutic support

Annette Brooke

NC27

To move the following Clause:—

‘(1)
Where a child has been abused or harmed, or a child has been placed at risk of

abuse or harm, the local authority or clinical commissioning group has a duty to

provide health services, where appropriate.

(2)
In this section—

Notices of Amendments: 14 March 2013
89

Children and Families Bill, continued

“health services” includes, but is not limited to, therapeutic counselling and

other mental health services;

“local authority” has the meaning given by subsection 13(9);

“clinical commissioning group” has the meaning given by section 10 of the

Health and Social Care Act 2012.’.

Duty to promote the mental health and emotional wellbeing of looked after children

Annette Brooke

NC28

To move the following Clause:—

‘In section 22 of the Children Act 1989 [General duty of local authority in relation

to children looked after by them] after subsection (3A) insert the following new

subsections—

“(3B)
The duty of a local authority under subsection (3)(a) to safeguard and

promote the welfare of a child looked after by them includes in particular

a duty to promote the child’s mental health and emotional wellbeing.

(3C)
A local authority in England must appoint at least one person for the

purposes of discharging the duties imposed by virtue of subsection (3B).

(3D)
A person appointed by a local authority under subsection (3C) must be

an officer or the local authority, another local authority or a health body

in England”.’.

Annette Brooke

197

Clause  33,  page  25,  line  18,  leave out ‘maintained’ and insert ‘mainstream’

Annette Brooke

198

Clause  25,  page  19,  line  36,  at end insert—

‘(h)
communication, language and literacy.’.

Annette Brooke

199

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

‘(d)
securing the provision set out in section 30 [Local offer for children and

young people with special educational needs].’.

Annette Brooke

200

Clause  28,  page  21,  line  37,  leave out ‘maintained nursery school’ and insert ‘the

providers of relevant early years education in its area’.

Annette Brooke

201

Clause  29,  page  22,  line  45,  leave out ‘maintained nursery school’ and insert ‘the

providers of relevant early years education in its area’.

Notices of Amendments: 14 March 2013
90

Children and Families Bill, continued

Annette Brooke

202

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

‘(v)
progress made by children and young people with special

educational needs in language, literacy, communication and

numeracy;

(vi)
services contributed to or procured through section 30 [Local

offer for children and young people with special educational

needs].’.

Maintaining a register of sight impaired and severely sight impaired children and young

people

Annette Brooke

NC29

To move the following Clause:—

‘A local authority in England must establish and maintain a register of sight

impaired and severely sight impaired children and young people who are

ordinarily resident in its area.’.

Annette Brooke

203

Clause  35,  page  27,  line  3,  leave out ‘maintained nursery school’ and insert,

‘relevant early years setting’.

Duty to assess and meet young carers’ needs for care and support

Mr Robert Buckland

Annette Brooke

Lucy Powell

NC30

To move the following Clause:—

‘(1)
Where it appears to a local authority that a child within their area may provide or

be about to provide care to an adult or a child who is disabled, the authority

must—

(a)
assess whether the child has needs for support relating to their caring role

(or is likely to have such needs in the future), and

(b)
if the child is found to have such needs, set out what those needs are (or

are likely to be in the future).

(2)
Having carried out an assessment under subsection (1), a local authority must

meet those needs for support which it considers to be necessary to meet in order

to safeguard and promote the child’s welfare.

(3)
Having carried out an assessment under subsection (1), a local authority must also

consider whether the adult is or may be eligible for assessment under the Care and

Support Act 2013, and if so must ensure such an assessment is carried out unless

that adult objects.

(4)
Having carried out an assessment under subsection (1), a local authority must

consider whether, in the case of a child who is caring for a disabled child, the child

being cared for requires an assessment under the Children Act 1989 and if so shall

Notices of Amendments: 14 March 2013
91

Children and Families Bill, continued

carry out that assessment unless the person with parental responsibility for that

child objects.

(5)
The Secretary of State shall issue guidance in relation to the duties set out above

having consulted with persons whom the Secretary of State considers to be

appropriate, the said guidance to be issued under section 7 of the Local Authority

Social Services Act 1970.

(6)
Any service provided by an authority in the exercise of functions conferred on

them under this section may be provided for the family or for any member of the

child’s family, and may include—

(a)
services to the adult the child is providing care for to meet the adult’s

needs for care and support; and

(b)
services to the adult to enhance their parenting capacity.


If such services are provided with a view to safeguarding and promoting the

child‘s welfare.’.

Mr Robert Buckland

204

Clause  26,  page  19,  line  42,  at end insert—

‘(1A)
A local authority in England must, in exercising its functions under this Part,

consider how it may encourage through any process of procurement it shall carry

out—

(a)
a diversity of provision of education; and

(b)
non-discrimination between maintained schools and non-maintained

schools.’.

Mr Robert Buckland

205

Clause  39,  page  30,  line  10,  at end insert—

‘(4A)
Where a local authority considers that subsection 4(b) applies it must, before

reaching a conclusion on that matter, consider such incompatibility in a manner

that does not discriminate between maintained schools and non-maintained

schools.’.

Inspection and review of local authorities in England

Mr Robert Buckland

NC31

To move the following Clause:—

‘(1)
Section 135 of the Education and Inspections Act 2006 is amended as follows.

(2)
After section 135(1)(e), insert—

“(ea)
the functions conferred on the authority under Part 3 of the

Children and Families Act 2013.”.

(3)
After section 136(4), insert—

“(5)
The Chief Inspector must inspect the performance by an authority in

supporting children and young people with special educational needs.”.’.

Mr Robert Buckland

206

Clause  24,  page  19,  line  3,  leave out ‘who is under compulsory school age’.

Notices of Amendments: 14 March 2013
92

Children and Families Bill, continued

Mr Robert Buckland

207

Clause  66,  page  45,  leave out line 30, and insert ‘The Secretary of State must review

and revise the code on a regular basis.’.

Mr Robert Buckland

208

Clause  67,  page  46,  leave out lines 1 and 2, and insert ‘The Secretary of State must

consult those parties listed in section 66, subsection (1), about the draft and must consider

any representations made by them.’.

Mr Robert Buckland

209

Clause  67,  page  46,  line  3,  leave out sections 3, 4, 5, 6, 7 and 8 and insert—

‘(3)
A code, or revision of a code, does not come into operation until the Secretary of

State by order so provides.

(4)
The power conferred by subsection (3) shall be made by statutory instrument.

(5)
An order bringing a code or revision of a code, into operation may not be made

unless a draft order has been laid before and approved by resolution of each

House of Parliament.

(6)
When an order or draft of an order is laid, the code or revision of a code to which

is relates must also be laid.

(7)
No order or draft of an order may be laid until the consultation required by

subsection (2) has taken place.’.

Mr Robert Buckland

210

Clause  45,  page  33,  leave out lines 18 to 20, and insert ‘In determining whether it is no

longer necessary of an EHC Plan to be maintained for a young person aged over 18, a local

authority must have regard to the young person’s right to the continuation of an EHC Plan

up to the age of 25 and access education provision in an age-appropriate setting.’.

Mr Robert Buckland

211

Clause  36,  page  28,  line  9,  at end insert—

‘(8A)
An EHC needs assessment, as set out in section 8, must be secured within 29 days

of the notification.’.

Mr Robert Buckland

212

Clause  36,  page  27,  line  18,  after second ‘a’, insert ‘provider of early years

education.’.

Mr Robert Buckland

213

Clause  38,  page  29,  line  27,  at end insert—

‘(g)
an institution at which early years education is provided.’.

Mr Robert Buckland

214

Clause  26,  page  19,  line  42,  at end insert—

Notices of Amendments: 14 March 2013
93

Children and Families Bill, continued

‘(1A)
Local authorities and Health and Wellbeing Boards must put in place

arrangements for jointly reviewing services and developing joint outcomes

frameworks.’.

Mr Robert Buckland

215

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

‘(4A)
Where a service is set out in the local offer, the responsible agency has a duty to

deliver that service.’.

Mr Robert Buckland

216

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

‘(2A)
In using their best endeavours to meet special educational needs, the school or

other institution must provide a graduated response through using the School

Action and School Action Plus stages.’.

Mrs Sharon Hodgson

217

Clause  46,  page  33,  line  41,  at end add—

‘(3)
Where a young person is completing a programme of study, supported internship

or apprenticeship which does not conform to academic years, a local authority

may continue to maintain an EHC plan for that young person until the end of that

programme where this programme has been commenced by mutual consent of—

(a)
the young person;

(b)
the local authority; and

(c)
any health bodies contributing to support delivered by virtue of the young

person’s EHC plan.’.

Mr Robert Buckland

218

Clause  36,  page  28,  leave out lines 16 and 17, and insert ‘In forming an opinion for the

purposes of this section in relation to a young person aged over 18, a local authority must

have regard to the young person’s right to the continuation of an EHC Plan up to the age

of 25 and access education provision in an age-appropriate setting.’.

Mr Robert Buckland

219

Clause  37,  page  29,  leave out lines 5 and 6, and insert ‘In making a decision for the

purposes of this section in relation to a young person aged over 18, a local authority must

have regard to the young person’s right to the continuation of an EHC Plan up to the age

of 25 and access education provision in an age-appropriate setting’.

Mr Robert Buckland

220

Clause  44,  page  32,  leave out lines 27 to 29, and insert ‘reviewing an EHC Plan

maintained for a young person aged over 18, or deciding whether to secure a re-

assessment of the needs of such a young person, a local authority must have regard to the

young person’s right to the continuation of an EHC Plan up to the age of 25 and access

education provision in an age-appropriate setting.’.



© Parliamentary copyright	Revised 15 March 2013