House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

231

House of Commons

Tuesday 16 April 2013

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Children and Families Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [5 March 2013].

Mr Robert Buckland

43

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

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

(ii)
healthcare assessments.’.

Mrs Sharon Hodgson

Lisa Nandy

120

Clause  36,  page  28,  line  35,  at end add—

‘(l)
about what constitutes a “qualified healthcare professional” under

subsection (1)(e).’.

Mrs Sharon Hodgson

Lisa Nandy

121

Clause  36,  page  28,  line  35,  at end add—

‘(m)
imposing time limits on the determination of an assessment.’.

Mrs Sharon Hodgson

Lisa Nandy

122

Clause  36,  page  28,  line  35,  at end add—

‘(n)
imposing time limits on corresponding with parents in pursuance of other

duties under this section.’.

Public Bill Committee: 16 April 2013
232

Children and Families Bill, continued

Mrs Sharon Hodgson

Lisa Nandy

123

Clause  36,  page  28,  line  35,  at end add—

‘(12)
Failure to abide by time limits prescribed by virtue of this section does not relieve

the authority of the duty to serve a notice, or make a decision or assessment.’.

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.’.

Mrs Sharon Hodgson

Lisa Nandy

124

Clause  37,  page  29,  line  4,  at end insert—

‘(e)
any provision deemed necessary to be made available to the family of the

child or young person which may assist in the promotion of the well-

being of the child or young person concerned.’.

Mr Robert Buckland

219

Clause  37,  page  29,  line  5,  leave out subsection (3) and insert—

‘(3)
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.’.

Mrs Sharon Hodgson

Lisa Nandy

125

Clause  37,  page  29,  line  6,  at end insert ‘and previous educational outcomes.’.

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 Robert Buckland

213

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

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

Public Bill Committee: 16 April 2013
233

Children and Families Bill, continued

Caroline Nokes

224

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

‘(g)
a voluntary training provider;

(h)
a private training provider.’.

Mrs Sharon Hodgson

Lisa Nandy

129

Clause  39,  page  30,  leave out lines 4 to 10 and insert ‘it is the opinion of the persons or

agencies involved in drafting the child or young person’s EHC plan that the school or

institution requested is unsuitable for the age, ability, aptitude, desired outcomes, well-

being or special educational needs of the child or young person concerned, and that

reasonable adjustments cannot be made.’.

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.’.

Mrs Sharon Hodgson

Lisa Nandy

130

Clause  39,  page  30,  line  11,  after ‘must’, insert ‘, subject to agreement of the child

or young person concerned and their parents,’.

Mrs Sharon Hodgson

Lisa Nandy

131

Clause  40,  page  30,  line  38,  at end insert—

‘(2A)
In determining which school or institution to name on an EHC plan, the local

authority must have regard to—

(a)
where the child or young person is ordinarily resident, and the

accessibility of the school or institution in relation to this;

(b)
the suitability of schools and institutions based on the age, ability,

aptitude, desired outcomes, well-being or special educational needs of

the child or young person concerned;

(c)
the quality of teaching within the school, as deemed by the Chief

Inspector; and

(d)
any other considerations or preferences stated by the child or young

person and their families.’.

Public Bill Committee: 16 April 2013
234

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—

‘(3A)
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.’.

Mrs Sharon Hodgson

Lisa Nandy

132

Clause  41,  page  31,  line  23,  at end insert—

‘(4A)
The Secretary of State must maintain a current list of institutions approved under

this section on the Departmental website, including information on the institution

and the nature of special educational provision, health care provision and social

care provision available.’.

Mrs Sharon Hodgson

Lisa Nandy

133

Clause  41,  page  31,  line  23,  at end insert—

‘(4B)
The Secretary of State must issue notice to local authorities of the designation of

an institution under this section within two weeks of said designation, including

information on the institution and the nature of special educational provision,

health care provision and social care provision available.’.

Mrs Sharon Hodgson

Lisa Nandy

134

Clause  41,  page  31,  leave out lines 32 and 33 at end insert—

‘(d)
further specifying information to be provided to the public and local

authorities by the Secretary of State in exercising his duties under

subsections (4A) and (4B).’.

Mr Robert Buckland

192

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

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

by the Secretary of State;

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

reviewed;

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

governing local offers.’.

Mr Edward Timpson

63

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

Public Bill Committee: 16 April 2013
235

Children and Families Bill, continued

‘(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.’.

Mrs Sharon Hodgson

Lisa Nandy

135

Clause  42,  page  31,  line  36,  after ‘provision’, insert ‘and social care provision’.

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

220

Clause  44,  page  32,  line  27,  leave out subsection (5) and insert—

‘(5)
In 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.’.

Public Bill Committee: 16 April 2013
236

Children and Families Bill, continued

Mrs Sharon Hodgson

Lisa Nandy

137

Clause  44,  page  32,  line  29,  at end insert ‘and prior educational outcomes’.

Mrs Sharon Hodgson

Lisa Nandy

138

Clause  44,  page  32,  line  31,  after ‘child’, insert ‘, the child themselves where

appropriate,’.

Mr Robert Buckland

186

Clause  44,  page  32,  line  36,  at end insert—

‘(b)
about circumstances in which a local authority must or may review an

EHC plan as a result of responsibility for all or part of a child or young

person’s EHC plan being transferred between teams in a local authority.’

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

210

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

‘(4)
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.’.

Mrs Sharon Hodgson

Lisa Nandy

142

Clause  45,  page  33,  line  20,  at end insert ‘and prior educational outcomes’.

Public Bill Committee: 16 April 2013
237

Children and Families Bill, continued

Mr Robert Buckland

39

Clause  45,  page  33,  line  35,  at end insert—

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

plan development.’.

Mrs Sharon Hodgson

Lisa Nandy

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.’.

Caroline Nokes

223

Clause  48,  page  34,  line  39,  at end insert—

‘(k)
a local authority must offer the support of a dedicated key worker to a

child or young person for whom it prepares a personal budget.’.

Mrs Sharon Hodgson

Lisa Nandy

143

Clause  48,  page  35,  line  3,  at end add—

‘(6)
This section will not have effect until an Order is made by the Secretary of State,

subject to affirmative resolution by both Houses of Parliament.

(7)
Before making an Order under subsection (6), the Secretary of State must lay a

copy of a report before both Houses of Parliament detailing findings from the

pathfinder authorities established under the Special Educational Needs (Direct

Payments) (Pilot Scheme) Order 2012, including but not limited to—

(a)
the impact on educational outcomes for children and young people;

(b)
the quality of provision received by children and young people;

(c)
the value for money achieved;

(d)
the impact on services provided for children and young people without

EHC plans, or those for whom direct payments were not made.

(8)
The Secretary of State may not prepare a report under subsection (7) until

September 2014.

(9)
An Order made under subsection (6) may amend this section as the Secretary of

State deems necessary to ensure the effective operation of personal budgets,



© Parliamentary copyright	Revised 16 April 2013