House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 14 March 2013
52

Children and Families Bill, continued

Mr Edward Timpson

61


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

‘(4)
Regulations may prescribe circumstances in which a clinical commissioning

group that would otherwise be a local partner of a local authority by virtue of

subsection (2)(k)(ii) is to be treated as not being a local partner of the authority.’.

Mr Robert Buckland

51


Clause  30,  page  23,  line  33,  after ‘employment’, insert ‘, retaining employment

and accessing benefits’.

Mr Robert Buckland

52


Clause  30,  page  24,  line  2,  at end insert—

‘(7A)
Regulations must make provision about a national framework, including—

(a)
the principles underpinning the local offer;

(b)
how services in the local offer are to be reviewed;

(c)
the scope of what should be covered by the local offer;

(d)
the format in which a local offer will be prepared and published; and

(e)
how services can be held to account for failing to deliver what is set out

in the local offer.’.

Mr Robert Buckland

36


Clause  32,  page  25,  line  1,  after ‘information’, insert ‘in an appropriately

accessible form’.

Mr Robert Buckland

41


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

‘(c)
the child or young person may be a disabled child under section 17 of the

Children Act 1989 or section 28 of the Chronically Sick and Disabled

Person’s Act 1970.’.

Mr Robert Buckland

42


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

‘(c)
they are a disabled child or young person under section 6 of the Equality

Act 2010 who may need healthcare provision in order to manage their

impairment.’.

Public Bill Committee: 14 March 2013
53

Children and Families Bill, continued

Mr Robert Buckland

37


Clause  36,  page  28,  line  10,  leave out subsection (10).

Mr Robert Buckland

43


Clause  36,  page  28,  line  28,  after ‘assessments’, insert ‘including—

(i)
triggering assessments under section 17 of the Children’s Act;

and

(ii)
healthcare assessments.’.

Mr Edward Timpson

62


Clause  37,  page  29,  line  3,  leave out from ‘provision’ to end of line 4 and insert

‘reasonably required by the learning difficulties and disabilities which result in him or her

having special educational needs.

(2A)
An EHC plan may also specify other health care and social care provision

reasonably required by the child or young person.’.

Mr Robert Buckland

44


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

‘(g)
an institution of higher education which the young person has accepted

an offer from.’.

Mr Edward Timpson

63


Clause  42,  page  31,  line  34,  at end insert—

‘(Z1)
This section applies where a local authority maintains an EHC plan for a child or

young person.’.

Mr Edward Timpson

64


Clause  42,  page  31,  line  35,  leave out subsection (1) and insert—

‘(1)
The local authority must secure the specified special educational provision for the

child or young person.

(1A)
If the plan specifies health care provision, the responsible commissioning body

must arrange the specified health care provision for the child or young person.

(1B)
“The responsible commissioning body”, in relation to any specified health care

provision, means the body (or each body) that is under a duty to arrange health

care provision of that kind in respect of the child or young person.’.

Public Bill Committee: 14 March 2013
54

Children and Families Bill, continued

Mr Edward Timpson

65


Clause  42,  page  31,  line  37,  leave out ‘Subsection (1) does not apply if’ and insert

‘Subsections (1) and (1A) do not apply to the extent that’.

Mr Edward Timpson

66


Clause  42,  page  31,  line  38,  after ‘suitable’, insert ‘alternative’.

Mr Edward Timpson

67


Clause  42,  page  31,  line  38,  at end insert—

‘(3)
“Specified”, in relation to an EHC plan, means specified in the plan.’.

Mr Robert Buckland

45


Clause  44,  page  32,  line  18,  after ‘maintains’, insert ‘, or has ever maintained,’.

Mr Robert Buckland

46


Clause  45,  page  33,  line  5,  leave out from ‘authority’ to end of line 6 and insert

‘must maintain an EHC plan for a child or young person up to their 25th birthday unless’.

Mr Robert Buckland

38


Clause  45,  page  33,  line  18,  leave out subsection (4) and insert—

‘(4)
A local authority may only cease to maintain an EHC Plan if—

(a)
the authority has completed a transition review meeting with the child or

young person and their family, at which there is agreement from all

parties that the specified outcomes to the EHC plan have been achieved;

and

(b)
a transition plan has been completed in partnership with the child or

young person and their family and other agencies, which supports their

progression into the next phase, including higher education or

employment.’.

Mr Robert Buckland

39


Clause  45,  page  33,  line  36,  at end insert—

‘(d)
the procedure to be followed for transition review meetings and transition

plan development.’.

Public Bill Committee: 14 March 2013
55

Children and Families Bill, continued

Mr Robert Buckland

35


Clause  50,  page  35,  line  42,  at end insert—

‘(g)
the social care provision specified in an EHC plan;

(h)
the healthcare provision specified in an EHC plan.’.

Mr Robert Buckland

53


Page  47,  line  15,  leave out Clause 69.

New clauses

Amendments to the Health Act 2006

Alex Cunningham

Bill Esterson

Mr Steve Reed

Pat Glass

NC1

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—

“8A
Offence of failing to prevent smoking in a private vehicle when

children are present

(1)
It is the duty of any person who drives a private vehicle to ensure that that

vehicle is smoke-free whenever a child or children under the age of 18

are in such vehicle or part of such vehicle.

(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.

Public Bill Committee: 14 March 2013
56

Children and Families Bill, continued

(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—

“(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;

Public Bill Committee: 14 March 2013
57

Children and Families Bill, continued

(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:—

‘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—

Public Bill Committee: 14 March 2013
58

Children and Families Bill, continued

(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—

“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.



© Parliamentary copyright	Revised 14 March 2013