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| |
| |
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| | (4) | Regulations may make provision about personal budgets, in particular— |
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| | (a) | about requests for personal budgets; |
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| | (b) | about the amount of a personal budget; |
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| | (c) | about the sources of the funds making up a person budget; |
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| | (d) | for payments (“direct payments”) representing all or part of a |
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| | personal budget to be made to the recipient, or (in prescribed |
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| | circumstances) a person of a prescribed description, in order to |
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| | secure any special guardianship support services to which the |
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| | |
| | (e) | about the description of special guardianship support services to |
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| | which personal budgets and direct payments may (and may not) |
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| | |
| | (f) | for a personal budget or direct payment to cover the agreed cost |
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| | of the special guardianship support services to which the budget |
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| | |
| | (g) | about when, how, to whom and on what conditions direct |
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| | payments may (and may not) be made; |
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| | (h) | about when direct payments may be required to be repaid and the |
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| | |
| | (i) | about conditions with which a person or body making direct |
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| | payments must comply before, after or at the time of making a |
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| | |
| | (j) | about arrangements for providing information, advice or support |
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| | in connection with personal budgets and direct payments. |
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| | (5) | If the regulations include provision authorising direct payments, they |
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| | |
| | (a) | require the consent of the recipient, or (in prescribed |
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| | circumstances) a person of a prescribed description, to be |
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| | obtained before direct payments are made; |
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| | (b) | require the authority to stop making direct payments where the |
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| | required consent is withdrawn. |
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| | (6) | Any special guardianship support services secured by means of direct |
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| | payments made by a local authority are to be treated as special |
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| | guardianship support services provided by the authority for all purposes, |
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| | subject to any prescribed conditions or exceptions. |
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| | (7) | In this section “prescribed” means prescribed by regulations.’. |
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| |
| | Special guardianship support services: duty to provide information |
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| |
| | |
| To move the following Clause:— |
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| | ‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship |
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| | support services: personal budgets), insert— |
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| |
| |
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| | “14H | Special guardianship support services: duty to provide information |
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| | (1) | Except in circumstances prescribed by regulations, a local authority in |
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| | England must provide the information specified in subsection (2) to— |
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| | (a) | any person who has contacted the authority to request |
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| | information about special guardianship support, |
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| | (b) | any person within the authority’s area who the authority are |
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| | aware is a special guardian for a child, and |
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| | (c) | any person within the authority’s area who is a special guardian |
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| | and has contacted the authority to request any of the information |
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| | specified in subsection (2). |
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| | |
| | (a) | information about the special guardianship support services |
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| | available to people in the authority’s area; |
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| | (b) | information about the right to request an assessment under |
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| | section 14F (assessments etc for special guardianship support |
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| | services), and the authority’s duties under that section and |
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| | regulations made under it; |
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| | (c) | information about the authority’s duties under section 14G |
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| | (special guardianship support services: personal budgets) and the |
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| | regulations made under it; |
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| | (d) | any other information prescribed by regulations.’. |
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| |
| | Review of impact of under-occupancy penalty on prospective adopters, prospective |
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| | special guardians and foster parents |
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| |
| |
| |
| | |
| 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— |
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| | (a) | carry out a review of the impact of the housing under-occupancy penalty |
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| | on prospective adopters, prospective special guardians and foster parents, |
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| | |
| | (b) | publish a report of the conclusions of the review.’. |
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| |
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| |
| |
|
| | Pre-proceedings work with families |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is |
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| | |
| | (2) | After subsection (12) insert— |
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| | “(13) | Where, as a result of complying with this section, a local authority |
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| | concludes that a child may need to become looked after in order to |
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| | safeguard and promote the child’s welfare, the local authority must, |
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| | unless emergency action is required,— |
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| | (a) | identify, and consider the willingness and suitability of any |
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| | relative, friend or other person connected with the child, to care |
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| | for them as an alternative to them becoming looked after by |
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| | |
| | (b) | offer the child’s parents or other person with parental |
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| | responsibility a family group conference to develop a plan which |
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| | will safeguard and promote the child’s welfare.”.’. |
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| |
| | Provision of health services for children looked after by local authorities |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Following a medical assessment at the time of a child being taken into care, the |
|
| | clinical commissioning group has a duty to health services, where appropriate. |
|
| | (2) | Health services includes, but is not limited to, therapeutic counselling and other |
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| | mental health services.’. |
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| |
| | Welfare of the child - quality of parental relationship |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the |
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| | addition at the end of subsection (3) of the following paragraph: |
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|
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| |
| |
|
| | “(h) | the quality of the relationship that the child has with each of his |
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| | parents, both currently and in the foreseeable future.”.’. |
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| |
| | Arrangements for the provision of evidence by staff of a local authority or of an |
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| | authorised applicant in children proceedings |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must make arrangements to support a person who is |
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| | instructed to provide evidence for use in children proceedings if they are a |
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| | member of the staff of a local authority or of an authorised applicant under section |
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| | |
| | (2) | The arrangements described in subsection (1) may include— |
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| | (a) | training prior to the proceedings, |
|
| | (b) | coaching whilst at court, |
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| | (c) | designated facilities at court to enable preparation for the proceedings, |
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| | |
| | (d) | any other arrangements the Secretary of State believes will enable |
|
| | members of the staff of a local authority or of an authorised applicant to |
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| | provide evidence in the proceedings.’. |
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| |
| | Duty to assess young carers’ needs for support |
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| |
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | Where it appears to a local authority that a child within their area may provide or |
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| | be about to provide care to an adult or a child who is disabled, and may be taken |
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| | to be a child in need under section 17(10) of the Children Act 1989, the authority |
|
| | |
| | (a) | whether the child does have needs for support (or is likely to do so in the |
|
| | |
| | (b) | if the child does, what those needs are (or are likely to be in the future). |
|
| | (2) | A local authority, in carrying out an assessment under subsection (1), must |
|
| | consider whether, with a view to safeguarding and promoting the child’s |
|
| | |
| | (a) | the adult may need to be assessed for care and support need, |
|
| | (b) | the adult is an “adult needing care”, |
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| |
| |
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| | (c) | the disabled child may need to be assessed for care and support needs. |
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| | (3) | For the purpose of this section a child shall be taken to be in need if— |
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| | (a) | he is unlikely to achieve or maintain, or have the opportunity of achieving |
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| | or maintaining a reasonable standard of health or development without |
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| | the provision for him of services by a local authority, |
|
| | (b) | his health or development is likely to be significantly impaired, or further |
|
| | impaired, without provision for him of such services, or |
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| | |
| | (4) | A child who “may provide care” is a child who may provide or be about to |
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| | provide care for an adult (an “adult needing care”) or a child who is a child in |
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| | |
| | (5) | “Child in need” means a child for whom, or for whose family or for a member of |
|
| | whose family, services are being provided under section 17 of the Children Act |
|
| | 1989 (services for children in need, their families and others). |
|
| | (6) | “Adult” means an “adult needing care”.’. |
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| |
| | Duty to secure social care provision in accordance with EHC Plan |
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| |
| | |
|
| To move the following Clause:— |
|
| | ‘( ) | A local authority that maintains an EHC plan for a child or young person must |
|
| | secure the social care provision identified through an assessment under section 17 |
|
| | of the Children Act 1989 specified in the plan.’. |
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| |
| | Order of the House [25 February 2013] |
|
| | That the following provisions shall apply to the Children and Families Bill: |
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| | |
| | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | Proceedings in Public Bill Committee |
|
| | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
|
| | concluded) be brought to a conclusion on Tuesday 23 April 2013. |
|
| | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
|
| | |
| | Consideration and Third Reading |
|
| | 4. | Proceedings on Consideration shall (so far as not previously concluded) be |
|
| | brought to a conclusion one hour before the moment of interruption on the |
|
| | day on which those proceedings are commenced. |
|
| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
|
| | brought to a conclusion at the moment of interruption on that day. |
|
| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
|
| | proceedings on Consideration and Third Reading. |
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|
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| |
| |
|
| | |
| | 7. | Any other proceedings on the Bill (including any proceedings on |
|
| | consideration of Lords Amendments or on any further messages from the |
|
| | Lords) may be programmed. |
|
| |
| | Order of the Committee [5 March 2013] |
|
| | |
| | (1) | the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 5 |
|
| | |
| | (a) | at 2.00 pm on Tuesday 5 March; |
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| | (b) | at 11.30 am and 2.00 pm on Thursday 7 March; |
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| | (c) | at 9.25 am and 2.00 pm on Tuesday 12 March; |
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| | (d) | at 11.30 am and 2.00 pm on Thursday 14 March; |
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| | (e) | at 9.25 am and 2.00 pm on Tuesday 19 March; |
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| | (f) | at 11.30 am and 2.00 pm on Thursday 21 March; |
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| | (g) | at 9.25 am and 2.00 pm on Tuesday 16 April; |
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| | (h) | at 11.30 am and 2.00 pm on Thursday 18 April; and |
|
| | (i) | at 9.25 am and 2.00 pm on Tuesday 23 April; |
|
| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | |
| | |
| | | | | | | | | Department for Education; |
| | | | | | | | | | | | | | | | | | The Thomas Coram Foundation |
| | | | | | for Children (Coram); Professor |
| | | | | | Julie Selwyn, Professor of Child |
| | | | | | | | | | | | University of Bristol; TACT |
| | | | | | David Norgrove, Chair of Family |
| | | | | | Justice Review and Chair of |
| | | | | | Family Justice Board; Lord Justice |
| | | | | | Munby, President of the Family |
| | | | | | Division; Coram Children’s Legal |
| | | | | | | | | | | | Council for Disabled Children; |
| | | | | | Every Disabled Child Matters; |
| | | | | | Special Education Consortium |
| | | | | | Achievement for All; Independent |
| | | | | | Parental Special Education |
| | | | | | Advice; Institute of Education |
| | | | | | National Association for Special |
| | | | | | | | | | | | Communication Trust; Association |
| | | | | | of Educational Psychologists |
| | | | | | Association of Colleges; National |
| | | | | | Association of Head Teachers; |
| | | | | | David Bartram, Assistant Head, |
| | | | | | | | | | | | | | | | | | | | | | | | Ofsted; Daycare Trust and the |
| | | | | | Family and Parenting Institute; |
| | | | | | | | | | | | | | | | | | Dr Roger Morgan, Children’s |
| | | | | | Rights Director of England; |
| | | | | | | | | | | | Working Families; Fawcett Society |
| | | | | | | | | | | | Fatherhood Institute; Federation of |
| | | | | | | | | | | | Association of Directors of |
| | | | | | Children’s Services; Barnardo’s |
| | |
|
|
|
| |
| |
|
| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
|
| | following order: Clauses 1 to 6; Schedule 1; Clauses 7 to 12; Schedule 2; |
|
| | Clauses 13 to 71; Schedule 3; Clauses 72 and 73; Schedule 4; Clauses 74 to |
|
| | 85; Schedule 5; Clause 86; Schedule 6; Clauses 87 to 96; Schedule 7; Clauses |
|
| | 97 to 104; new Clauses; new Schedules; Clauses 105 to 110; and remaining |
|
| | proceedings on the Bill; and |
|
| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
|
| | conclusion at 5.00 pm on Tuesday 23 April. |
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| |
|