Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 14 March 2013                  

59

 

Children and Families Bill, continued

 
 

(4)    

Regulations may make provision about personal budgets, in particular—

 

(a)    

about requests for personal budgets;

 

(b)    

about the amount of a personal budget;

 

(c)    

about the sources of the funds making up a person budget;

 

(d)    

for payments (“direct payments”) representing all or part of a

 

personal budget to be made to the recipient, or (in prescribed

 

circumstances) a person of a prescribed description, in order to

 

secure any special guardianship support services to which the

 

budget relates;

 

(e)    

about the description of special guardianship support services to

 

which personal budgets and direct payments may (and may not)

 

relate;

 

(f)    

for a personal budget or direct payment to cover the agreed cost

 

of the special guardianship support services to which the budget

 

or payment relates;

 

(g)    

about when, how, to whom and on what conditions direct

 

payments may (and may not) be made;

 

(h)    

about when direct payments may be required to be repaid and the

 

recovery of unpaid sums;

 

(i)    

about conditions with which a person or body making direct

 

payments must comply before, after or at the time of making a

 

direct payment;

 

(j)    

about arrangements for providing information, advice or support

 

in connection with personal budgets and direct payments.

 

(5)    

If the regulations include provision authorising direct payments, they

 

must—

 

(a)    

require the consent of the recipient, or (in prescribed

 

circumstances) a person of a prescribed description, to be

 

obtained before direct payments are made;

 

(b)    

require the authority to stop making direct payments where the

 

required consent is withdrawn.

 

(6)    

Any special guardianship support services secured by means of direct

 

payments made by a local authority are to be treated as special

 

guardianship support services provided by the authority for all purposes,

 

subject to any prescribed conditions or exceptions.

 

(7)    

In this section “prescribed” means prescribed by regulations.’.

 


 

Special guardianship support services: duty to provide information

 

Lucy Powell

 

NC9

 

To move the following Clause:—

 

‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship

 

support services: personal budgets), insert—


 
 

Public Bill Committee: 14 March 2013                  

60

 

Children and Families Bill, continued

 
 

“14H  

Special guardianship support services: duty to provide information

 

(1)    

Except in circumstances prescribed by regulations, a local authority in

 

England must provide the information specified in subsection (2) to—

 

(a)    

any person who has contacted the authority to request

 

information about special guardianship support,

 

(b)    

any person within the authority’s area who the authority are

 

aware is a special guardian for a child, and

 

(c)    

any person within the authority’s area who is a special guardian

 

and has contacted the authority to request any of the information

 

specified in subsection (2).

 

(2)    

The information is—

 

(a)    

information about the special guardianship support services

 

available to people in the authority’s area;

 

(b)    

information about the right to request an assessment under

 

section 14F (assessments etc for special guardianship support

 

services), and the authority’s duties under that section and

 

regulations made under it;

 

(c)    

information about the authority’s duties under section 14G

 

(special guardianship support services: personal budgets) and the

 

regulations made under it;

 

(d)    

any other information prescribed by regulations.’.

 


 

Review of impact of under-occupancy penalty on prospective adopters, prospective

 

special guardians and foster parents

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

Bill Esterson

 

NC10

 

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 impact of the housing under-occupancy penalty

 

on prospective adopters, prospective special guardians and foster parents,

 

and

 

(b)    

publish a report of the conclusions of the review.’.

 



 
 

Public Bill Committee: 14 March 2013                  

61

 

Children and Families Bill, continued

 
 

Pre-proceedings work with families

 

Lisa Nandy

 

Mrs Sharon Hodgson

 

NC11

 

To move the following Clause:—

 

‘(1)    

Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is

 

amended as follows—

 

(2)    

After subsection (12) insert—

 

“(13)    

Where, as a result of complying with this section, a local authority

 

concludes that a child may need to become looked after in order to

 

safeguard and promote the child’s welfare, the local authority must,

 

unless emergency action is required,—

 

(a)    

identify, and consider the willingness and suitability of any

 

relative, friend or other person connected with the child, to care

 

for them as an alternative to them becoming looked after by

 

unrelated carers;

 

(b)    

offer the child’s parents or other person with parental

 

responsibility a family group conference to develop a plan which

 

will safeguard and promote the child’s welfare.”.’.

 


 

Provision of health services for children looked after by local authorities

 

Annette Brooke

 

NC12

 

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

 

mental health services.’.

 


 

Welfare of the child - quality of parental relationship

 

Lisa Nandy

 

Sharon Hodgson

 

NC13

 

To move the following Clause:—

 

‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the

 

addition at the end of subsection (3) of the following paragraph:


 
 

Public Bill Committee: 14 March 2013                  

62

 

Children and Families Bill, continued

 
 

“(h)    

the quality of the relationship that the child has with each of his

 

parents, both currently and in the foreseeable future.”.’.

 


 

Arrangements for the provision of evidence by staff of a local authority or of an

 

authorised applicant in children proceedings

 

Lisa Nandy

 

Sharon Hodgson

 

NC14

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must make arrangements to support a person who is

 

instructed to provide evidence for use in children proceedings if they are a

 

member of the staff of a local authority or of an authorised applicant under section

 

13(8)(a)(i).

 

(2)    

The arrangements described in subsection (1) may include—

 

(a)    

training prior to the proceedings,

 

(b)    

coaching whilst at court,

 

(c)    

designated facilities at court to enable preparation for the proceedings,

 

and

 

(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

 

provide evidence in the proceedings.’.

 


 

Duty to assess young carers’ needs for support

 

Mr Robert Buckland

 

Annette Brooke

 

NC15

 

Parliamentary Star - white    

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, and may be taken

 

to be a child in need under section 17(10) of the Children Act 1989, the authority

 

must assess—

 

(a)    

whether the child does have needs for support (or is likely to do so in the

 

future), and

 

(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

 

welfare—

 

(a)    

the adult may need to be assessed for care and support need,

 

(b)    

the adult is an “adult needing care”,


 
 

Public Bill Committee: 14 March 2013                  

63

 

Children and Families Bill, continued

 
 

(c)    

the disabled child may need to be assessed for care and support needs.

 

(3)    

For the purpose of this section a child shall be taken to be in need if—

 

(a)    

he is unlikely to achieve or maintain, or have the opportunity of achieving

 

or maintaining a reasonable standard of health or development without

 

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

 

(c)    

he is disabled.

 

(4)    

A child who “may provide care” is a child who may provide or be about to

 

provide care for an adult (an “adult needing care”) or a child who is a child in

 

need.

 

(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”.’.

 


 

Duty to secure social care provision in accordance with EHC Plan

 

Mr Robert Buckland

 

NC16

 

Parliamentary Star    

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.’.

 

 

Order of the House [25 February 2013]

 

That the following provisions shall apply to the Children and Families Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

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

 

which it meets.

 

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.


 
 

Public Bill Committee: 14 March 2013                  

64

 

Children and Families Bill, continued

 
 

Other proceedings

 

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]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 8.55 am on Tuesday 5

 

March) meet—

 

(a)  

at 2.00 pm on Tuesday 5 March;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 7 March;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 12 March;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 14 March;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 19 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 21 March;

 

(g)  

at 9.25 am and 2.00 pm on Tuesday 16 April;

 

(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

 

Table:

 

      TABLE

 

Date

Time

Witness

 
 

Tuesday 5 March

Until no later

Department for Education;

 
  

than 10.00 am

Department for Business,

 
   

Innovation and Skills

 
 

Tuesday 5 March

Until no later

The Thomas Coram Foundation

 
  

than 10.45 am

for Children (Coram); Professor

 
   

Julie Selwyn, Professor of Child

 
   

and Family Social Work,

 
   

University of Bristol; TACT

 
 

Tuesday 5 March

Until no later

David Norgrove, Chair of Family

 
  

than 11.25 am

Justice Review and Chair of

 
   

Family Justice Board; Lord Justice

 
   

Munby, President of the Family

 
   

Division; Coram Children’s Legal

 
   

Centre

 
 

Tuesday 5 March

Until no later

Council for Disabled Children;

 
  

than 2.45 pm

Every Disabled Child Matters;

 
   

Special Education Consortium

 
 

Tuesday 5 March

Until no later

Achievement for All; Independent

 
  

than 3.30 pm

Parental Special Education

 
   

Advice; Institute of Education

 
 

Tuesday 5 March

Until no later

National Association for Special

 
  

than 4.15 pm

Educational Needs; The

 
   

Communication Trust; Association

 
   

of Educational Psychologists

 
 

Tuesday 5 March

Until no later

Association of Colleges; National

 
  

than 5.15 pm

Association of Head Teachers;

 
   

David Bartram, Assistant Head,

 
   

Lampton School, Hounslow

 
 

Tuesday 5 March

Until no later

Office of the Children’s

 
  

than 5.45 pm

Commissioner

 
 

Thursday 7 March

Until no later

Ofsted; Daycare Trust and the

 
  

than 12.15 pm

Family and Parenting Institute;

 
   

National Childminding

 
   

Association

 
 

Thursday 7 March

Until no later

Dr Roger Morgan, Children’s

 
  

than 1.00 pm

Rights Director of England;

 
   

Children England

 
 

Thursday 7 March

Until no later

Working Families; Fawcett Society

 
  

than 2.45 pm

  
 

Thursday 7 March

Until no later

Fatherhood Institute; Federation of

 
  

than 3.30 pm

Small Businesses

 
 

Thursday 7 March

Until no later

Association of Directors of

 
  

than 4.15 pm

Children’s Services; Barnardo’s

 

 
 

Public Bill Committee: 14 March 2013                  

65

 

Children and Families Bill, continued

 
 

(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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Revised 14 March 2013