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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Children and Families Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [5 March 2013]. |
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| Clause 6, page 4, leave out lines 27 to 35. |
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| Schedule 1, page 116, line 14, leave out paragraph 11 and insert— |
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| | ‘11(1) | Sections 125 to 131 cease to have effect in relation to Scotland. |
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| | (2) | Accordingly, in section 149 (extent), in subsection (4) omit paragraph (b).’. |
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| Clause 7, page 5, line 27, at end insert— |
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| | ‘(2A) | In subsection (1), after paragraph (d) insert— |
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| | “(e) | his siblings (whether of the whole or half blood).”.’. |
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| Clause 8, page 7, line 46, at end insert— |
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| | (3A) | In section 96(3) of that Act (section 95 does not prohibit payment of legal or |
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| | medical expenses in connection with applications under section 26 etc) after “26” |
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| | (3B) | In section 1(1) of the Family Law Act 1986 (orders which are Part 1 orders) after |
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| | “(ac) | an order made under section 51A of the Adoption and Children |
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| | Act 2002 (post-adoption contact), other than an order varying or |
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| | revoking such an order;”. |
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| | (3C) | In section 2 of that Act (jurisdiction of courts in England and Wales to make Part |
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| | 1 orders: pre-conditions) after subsection (2B) insert— |
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| | “(2C) | A court in England and Wales shall not have jurisdiction to make an order |
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| | under section 51A of the Adoption and Children Act 2002 unless— |
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| | (a) | it has jurisdiction under the Council Regulation or the Hague |
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| | (b) | neither the Council Regulation nor the Hague Convention |
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| | applies but the condition in section 3 of this Act is satisfied.”’. |
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| Clause 8, page 8, line 4, at end insert— |
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| | ‘(5) | In section 17(4) of the Armed Forces Act 1991 (persons to be given notice of |
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| | application for service family child assessment order) before paragraph (e) |
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| | “(db) | any person in whose favour an order under section 51A of the |
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| | Adoption and Children Act 2002 (post-adoption contact) is in |
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| | force with respect to the child;”. |
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| | (6) | In section 18(7) of that Act (persons who may apply to vary or discharge a service |
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| | family child assessment order) before paragraph (e) insert— |
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| | “(db) | any person in whose favour an order under section 51A of the |
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| | Adoption and Children Act 2002 (post-adoption contact) is in |
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| | force with respect to the child;”. |
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| | (7) | In section 20(8) of that Act (persons who are to be allowed reasonable contact |
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| | with a child subject to a protection order) before paragraph (d) insert— |
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| | “(cb) | any person in whose favour an order under section 51A of the |
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| | Adoption and Children Act 2002 (post-adoption contact) is in |
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| | force with respect to the child;”. |
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| | (8) | In section 22A(7) of that Act (persons who are to be allowed reasonable contact |
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| | with a child in service police protection) before paragraph (d) insert— |
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| | “(cb) | any person in whose favour an order under section 51A of the |
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| | Adoption and Children Act 2002 (post-adoption contact) is in |
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| | force with respect to the child,”.’. |
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| Clause 9, page 8, line 15, at end add— |
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| | ‘(3D) | A person appointed by a local authority under subsection (3B) shall be |
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| | responsible for oversight of the way in which pupil premium for children looked |
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| | after by that authority is spent.’. |
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| Clause 9, page 8, line 15, at end add— |
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| | ‘(3D) | A person appointed by a local authority under subsection (3B) is reponsible for |
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| | promoting the educational attainment of children in all schools in the local |
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| | authority area receiving public funding, including Academies. |
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| | (3E) | A person appointed by a local authority under subsection (3B) has responsibility |
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| | for allocating the pupil premium for the education of looked after children paid |
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| | to the local authority pursuant to section 14 of the Education Act 2002.’. |
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| Clause 10, page 8, line 20, at end insert ‘unless in the view of the court it is |
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| Clause 10, page 8, line 34, at end insert ‘“approved mediator” means a mediator |
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| who satisfies such training and quality assurance standards as the Lord Chancellor may |
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| by regulations specify;’. |
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| Clause 10, page 8, line 36, after ‘held’, insert ‘with an approved mediator’. |
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| Clause 11, page 9, line 17, at end insert— |
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| | ‘(2B) | “Involvement” means any kind of direct or indirect involvement that promotes |
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| | the welfare of the child, but shall not be taken to mean any particular division of |
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| Page 9, line 11, leave out Clause 11. |
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| Clause 12, page 9, leave out lines 38 to 41, and insert— |
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| | ‘(a) | with whom a child is to— |
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| | (iii) | otherwise have contact; and |
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| | (b) | when, with any person, a child is to— |
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| | (iii) | otherwise have contact.’. |
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| Clause 12, page 9, line 42, at end add— |
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| | ‘(5) | “Rights of custody” under the Hague Convention are determined by an order |
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| | made under subsection (3)(a)(i).’. |
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| Clause 13, page 10, line 14, leave out subsection (5). |
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| Clause 13, page 10, line 15, at end insert— |
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| | ‘(5A) | The court shall raise with the parties at the first hearing the issue of whether the |
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| | use of expert evidence is likely to be necessary in the proceedings and shall have |
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| | particular regard to setting a timetable for consideration of applications for |
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| | permission to put expert evidence before the court.’. |
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| Clause 14, page 12, line 15, after ‘issued’, insert ‘unless the court considers it |
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| necessary in order to safeguard or promote the child’s welfare to permit additional time |
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| for the disposing of the application.’. |
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| Clause 14, page 12, line 35, at end insert ‘or promote the child’s long-term |
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| Clause 14, page 13, line 4, after ‘weeks’, insert ‘or, having taken into consideration |
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| the safeguarding and promotion of the child’s welfare, following evidence presented to |
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| the court relating to a planned programme of intervention, such longer time period as the |
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| court deems appropriate.’. |
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| Clause 15, page 14, line 6, at end insert— |
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| | ‘(A1) | Section 22 of the Children Act 1989 (general duty of local authority in relation to |
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| | children looked after by them) is amended as follows— |
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| | In subsection (4), after “proposing to look after,”, insert “including when |
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| | making any fundamental change to the care plan before or after a care |
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| Clause 15, page 14, line 10, after ‘provisions’, insert ‘and sibling placement |
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| Clause 15, page 14, line 13, at end insert ‘unless it deems such consideration |
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| necessary in assessing the permanence provisions of the section 31A plan for the child |
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| concerned and making the care order, taking into account the circumstances of the |
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| application and the safeguarding and promotion of the child’s welfare.’. |
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| Clause 21, page 18, line 19, leave out ‘all forms of’. |
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| Clause 21, page 18, line 20, leave out ‘(whether or not’. |
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| Clause 22, page 18, line 33, at end add— |
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| | ‘(2) | Regulations must make provision for how local authorities exercise their |
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| | functions referred to in subsection (1).’. |
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| Clause 22, page 18, line 33, at end insert— |
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| | ‘(2) | Regulations must make provision for the collection and publication of data |
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| | relating to children and young people by type of Special Education Need.’. |
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| Clause 26, page 19, line 38, leave out ‘clinical commissioning groups’ and insert |
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| Clause 26, page 20, line 6, leave out ‘special educational needs of the children and |
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| young people concerned’ and insert ‘learning difficulties and disabilities which result in |
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| the children and young people concerned having special educational needs’. |
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| Clause 26, page 20, line 7, leave out ‘special educational’ and insert ‘educational, |
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| Clause 26, page 20, line 32, leave out subsection (8) and insert— |
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| | ‘(8) | A local authority’s “partner commissioning bodies” are— |
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| | (a) | the National Health Service Commissioning Board, to the extent that it is |
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| | under a duty under section 3B of the National Health Service Act 2006 to |
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| | arrange for the provision of services or facilities for any children and |
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| | young people for whom the authority is responsible who have special |
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| | (b) | each clinical commissioning group that is under a duty under section 3 of |
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| | that Act to arrange for the provision of services or facilities for any such |
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| | children and young people. |
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| | (9) | Regulations may prescribe circumstances in which a clinical commissioning |
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| | group that would otherwise be a partner commissioning body of a local authority |
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| | by virtue of subsection (8)(b) is to be treated as not being a partner |
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| | commissioning body of the authority.’. |
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| Clause 27, page 20, line 40, after ‘needs’, insert ‘and disabled children and young |
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| Clause 27, page 20, line 43, after ‘needs’, insert ‘and disabled children and young |
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| Clause 27, page 21, line 3, at end insert— |
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| | ‘(2A) | If the education and care provision referred to in subsection (1)(a) and (b) is |
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| | deemed insufficient to meet the needs of children and young people under |
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| | subsection (2), a local authority must— |
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| | (a) | publish these findings; and |
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| | (b) | improve that provision until it is deemed by those consulted in subsection |
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| | (3) to be sufficient to meet all the needs identified under section (22).’. |
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| Clause 28, page 22, line 21, leave out from ‘which’ to end of line 22 and insert ‘is |
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| under a duty under section 3 of the National Health Service Act 2006 to arrange for the |
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| provision of services or facilities for any children and young people for whom the |
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| authority is responsible;’. |
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| Clause 28, page 22, line 27, at end insert— |
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| | ‘(2A) | The Local Government Ombudsman has jurisdiction for the purposes of this Part |
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| | over the partners set out in subsections (2)(a) to (2)(i). |
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| | (2B) | The NHS Ombudsman has jurisdiction for the purposes of this Part over the |
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| | partners set out in subsections (2)(j) to (2)(m).’. |
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