Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 16 April 2013                  

285

 

Children and Families Bill, continued

 
 

people

 

Annette Brooke

 

NC29

 

To move the following Clause:—

 

‘A local authority in England must establish and maintain a register of sight

 

impaired and severely sight impaired children and young people who are

 

ordinarily resident in its area.’.

 

 


 

Duty to assess and meet young carers’ needs for care and support

 

Mr Robert Buckland

 

Annette Brooke

 

Lucy Powell

 

NC30

 

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, the authority

 

must—

 

(a)    

assess whether the child has needs for support relating to their caring role

 

(or is likely to have such needs in the future), and

 

(b)    

if the child is found to have such needs, set out what those needs are (or

 

are likely to be in the future).

 

(2)    

Having carried out an assessment under subsection (1), a local authority must

 

meet those needs for support which it considers to be necessary to meet in order

 

to safeguard and promote the child’s welfare.

 

(3)    

Having carried out an assessment under subsection (1), a local authority must also

 

consider whether the adult is or may be eligible for assessment under the Care and

 

Support Act 2013, and if so must ensure such an assessment is carried out unless

 

that adult objects.

 

(4)    

Having carried out an assessment under subsection (1), a local authority must

 

consider whether, in the case of a child who is caring for a disabled child, the child

 

being cared for requires an assessment under the Children Act 1989 and if so shall

 

carry out that assessment unless the person with parental responsibility for that

 

child objects.

 

(5)    

The Secretary of State shall issue guidance in relation to the duties set out above

 

having consulted with persons whom the Secretary of State considers to be

 

appropriate, the said guidance to be issued under section 7 of the Local Authority

 

Social Services Act 1970.

 

(6)    

Any service provided by an authority in the exercise of functions conferred on

 

them under this section may be provided for the family or for any member of the

 

child’s family, and may include—

 

(a)    

services to the adult the child is providing care for to meet the adult’s

 

needs for care and support; and

 

(b)    

services to the adult to enhance their parenting capacity.


 
 

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Children and Families Bill, continued

 
 

    

If such services are provided with a view to safeguarding and promoting the

 

child‘s welfare.’.

 


 

Inspection and review of local authorities in England

 

Mr Robert Buckland

 

NC31

 

To move the following Clause:—

 

‘(1)    

Section 135 of the Education and Inspections Act 2006 is amended as follows.

 

(2)    

After section 135(1)(e), insert—

 

“(ea)    

the functions conferred on the authority under Part 3 of the

 

Children and Families Act 2013.”.

 

(3)    

After section 136(4), insert—

 

“(5)    

The Chief Inspector must inspect the performance by an authority in

 

supporting children and young people with special educational needs.”.’.

 


 

Registration of births within children’s centres: pilot scheme

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

Mr Frank Field

 

NC32

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must, by regulations, establish a pilot scheme to trial the

 

registration of births within children’s centres.

 

(2)    

The pilot scheme established under this section must name no less than six local

 

authorities in which the registration of births within children’s centres will be

 

trialled.

 

(3)    

The Secretary of State must make available funding for the pilot schemes

 

established under this section.

 

(4)    

Pilot schemes established under this section should—

 

(a)    

last not less than 12 months and not more than 24; and

 

(b)    

be evaluated by an independent body.

 

(5)    

The independent body evaluating the pilot schemes in accordance with paragraph

 

(4)(b) must present a report to the Secretary of State within three months of their

 

conclusion, assessing the effectiveness of the pilot schemes against criteria

 

including—

 

(a)    

cost effectiveness;

 

(b)    

the levels of engagement with children’s centres by new parents;

 

(c)    

an analysis of the changes in relationship between the children’s centres

 

and families; and

 

(d)    

the change in health and developmental indicators within their catchment

 

areas.


 
 

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(6)    

Regulations under this section—

 

(a)    

shall be made by statutory instrument, and

 

(b)    

may not be made unless a draft has been laid before and approved by

 

resolution of each House of Parliament.

 

(7)    

Before regulations under subsection (6) are laid before Parliament the Secretary

 

of State must consult—

 

(a)    

local authorities and directors of children’s services;

 

(b)    

organisations other than local authorities involved in the management of

 

children’s centres;

 

(c)    

the Department for Health and health agencies, and

 

(d)    

any other person or organisation he may deem appropriate.

 

(8)    

In this section “children’s centre” has the meaning given by section 5A(4)

 

(Arrangements for provision of children’s centres) of the Childcare Act 2006.’.

 


 

Registration of births to take place only at children’s centres

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

Mr Robert Buckland

 

NC33

 

To move the following Clause:—

 

‘(1)    

The Births and Deaths Registration Act 1953 is amended as follows.

 

(2)    

After section 14A (re-registration after declaration of parentage) insert—

 

“14B  

Registration of births to take place only at children’s centres

 

Information relating to the birth of every child born in England required

 

to be given under this Part, and any duty under this Part to sign the

 

register of births, may be given or fulfilled only at a children’s centre, as

 

defined in section 5A of the Childcare Act 2006 (arrangements for

 

provision of children’s centres).”.’.

 


 

Report of inspections of home-based child care settings

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

NC34

 

To move the following Clause:—

 

‘In section 50 of the Childcare Act 2006 (report of inspections) in subsection (1)

 

after paragraph (c) insert—


 
 

Public Bill Committee: 16 April 2013                  

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Children and Families Bill, continued

 
 

“(ca)    

how well home-based child care setting meet the attachment needs of

 

children under two,”.’.

 


 

Extension of CCFW’s remit

 

Lisa Nandy

 

NC35

 

To move the following Clause:—

 

‘In section 72B of the Care Standards Act 2000, after subsection (1)(b) add—

 

“(c)    

the exercise or proposed exercise in relation to Wales of any

 

function of a UK Government Minister.”.’.

 


 

Inclusive and accessible education, health and social care provision

 

Mr Robert Buckland

 

NC36

 

To move the following Clause:—

 

‘In exercising a function under Part 3 of this Act, a local authority and NHS

 

bodies in England must promote and secure inclusive and accessible education,

 

health and social care provision to support children, young people and their

 

families.’.

 


 

Constraints on Children’s Commissioner

 

Mr Steve Reed

 

NC37

 

To move the following Clause:—

 

‘In Schedule 1 to the Children Act 2004, in paragraph 1 (status) after sub-

 

paragraph (2) insert—

 

“(3)    

The Minister shall have due regard to the desirability of ensuring that the

 

Children’s Commissioner is under as few constraints as reasonably

 

possible in determining—

 

(a)    

the Commissioner’s activities,

 

(b)    

the Commissioners’s timetables, and

 

(c)    

the Commissioner’s priorities.”.’.

 



 
 

Public Bill Committee: 16 April 2013                  

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Children and Families Bill, continued

 
 

Staff to child ratios: Ofsted-registered childminder settings

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Lucy Powell

 

NC38

 

To move the following Clause:—

 

‘(1)    

This section applies to Ofsted-registered childminder settings.

 

(2)    

The ratio of staff to children under the age of eight must be no less than one to

 

six, where—

 

(a)    

a maximum of three children may be young children;

 

(b)    

a maximum of one child is under the age of one.

 

(3)    

Any care provided by childminders for older children must not adversely affect

 

the care of children receiving early years provision.

 

(4)    

If a childminder can demonstrate to parents, carers and inspectors, that the

 

individual needs of all the children are being met, then in addition to the ratio set

 

out in subsection (2), they may also care for—

 

(a)    

babies who are siblings of the children referred to in subsection (2), or

 

(b)    

their own baby.

 

(5)    

If children aged between four and five years only attend the childminding setting

 

outside of normal school hours or the normal school term time, they may be cared

 

for at the same time as three other young children, provided that at no time does

 

the ratio of staff to children under the age of eight exceed one to six.

 

(6)    

If a childminder employs an assistant or works with another childminder, each

 

childminder or assistant may care for the number of children permitted by the

 

ratios specified in subsections (2), (4) and (5).

 

(7)    

Children may only be left in the sole care of a childminder’s assistant for two

 

hours in a single day.

 

(8)    

Childminders must obtain the permission of a child’s parents or carers before that

 

child can be left in the sole care of a childminder’s assistant.

 

(9)    

The ratios in subsections (2), (4) and (5) apply to childminders providing

 

overnight care, provided that the children are continuously monitored, which may

 

be through the use of electronic equipment.

 

(10)    

For the purposes of this section a child is—

 

(a)    

a “young child” up until 1 September following his or her fifth birthday.

 

(b)    

an “older child” after the 1 September following his or her fifth

 

birthday.’.

 


 

Staff to child ratios: Ofsted-registered non-domestic childminder

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Lucy Powell

 

NC39

 

To move the following Clause:—

 

‘(1)    

This section applies to Ofsted-registered, non-domestic childcare settings.

 

(2)    

For children aged under two—


 
 

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(a)    

the ratio of staff to children must be no less than one to three;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification, and must be suitably experienced in working with children

 

under two;

 

(c)    

at least half of all other members of staff must hold a full and relevant

 

level 2 qualification;

 

(d)    

at least half of all members of staff must have received training in care

 

for babies; and

 

(e)    

where there is a dedicated area solely for children under two years old,

 

the member of staff in charge of that area must, in the judgement of their

 

employer, have suitable experience of working with children under two

 

years old.

 

(3)    

For children between the ages of two and three—

 

(a)    

the ratio of staff to children must be no less than one to four;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification; and

 

(c)    

at least half of all other members of staff must hold a full and relevant

 

level 2 qualification.

 

(4)    

Where there is registered early years provision, which operates between 8 am and

 

4 pm, and a member of staff with Qualified Teacher Status, Early Years

 

Professional Status or other full and relevant level 6 qualification is working

 

directly with the children, for children aged three and over—

 

(a)    

the ratio of staff to children must be no less than one to 13; and

 

(b)    

at least one other member of staff must hold a full and relevant level 3

 

qualification.

 

(5)    

Where there is registered early years provision, which operates outside the hours

 

of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of

 

staff with Qualified Teacher Status, Early Years Professional Status or other full

 

and relevant level 6 qualification is not working directly with the children, for

 

children aged three and over—

 

(a)    

the ratio of staff to children must be no less than one to eight;

 

(b)    

at least one member of staff must hold a full and relevant level 3

 

qualification; and

 

(c)    

at least half of all other staff must hold a full and relevant level 2

 

qualification.

 

(6)    

In independent schools where—

 

(a)    

a member of staff with Qualified Teacher Status, Early Years

 

Professional Status or other full and relevant level 6 qualification;

 

(b)    

an instructor; or

 

(c)    

a suitably qualified overseas-trained teacher is working directly with the

 

children, for children aged three and over—

 

(i)    

for classes where the majority of children will reach the age of

 

five or older within the school year, the ratio of staff to children

 

must be no less than one to 30;

 

(ii)    

for all other classes the ratio of staff to children must be no less

 

than one to 13; and

 

(iii)    

at least one other member of staff must hold a full and relevant

 

level 3 qualification.

 

(7)    

In independent schools where there is—

 

(a)    

no member of staff with Qualified Teacher Status, Early Years

 

Professional Status or other full and relevant level 6 qualification;

 

(b)    

no instructor; or


 
 

Public Bill Committee: 16 April 2013                  

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Children and Families Bill, continued

 
 

(c)    

no suitably qualified overseas-trained teacher, working directly with the

 

children, for children aged three and over—

 

(i)    

the ratio of staff to children must be no less than one to eight;

 

(ii)    

at least one member of staff must hold a full and relevant level 3

 

qualification; and

 

(iii)    

at least half of all other members of staff must hold a full and

 

relevant level 2 qualification.

 

(8)    

In maintained nursery schools and nursery classes in maintained schools (except

 

reception classes)—

 

(a)    

the ratio of staff to children must be no less than one to 13;

 

(b)    

at least one member of staff must be a school teacher as defined by

 

subsection 122(3) [Power to prescribe pay and conditions] of the

 

Education Act 2002 and Schedule 2 to the Education (School Teachers’

 

Qualifications) (England) Regulations 2003; and

 

(c)    

at least one other member of staff must hold a full and relevant level 3

 

qualification.

 

(9)    

The Secretary of State may make provision in statutory guidance to—

 

(a)    

define qualifications as “full and relevant”; and

 

(b)    

define “suitable experience” for those working with children under two.

 

(10)    

If HM Chief Inspector of Education is concerned about the quality of provision

 

or the safety and well-being of children in a setting he may impose different

 

ratios.’.

 


 

Information on children’s centres

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC40

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must compile and publish information on children’s

 

centres in England every three months, including—

 

(a)    

the number of registered children’s centres in each local authority area;

 

(b)    

the annual budget of each children’s centre in each local authority area;

 

(c)    

the total weekly opening hours of each centre in each local authority area;

 

(d)    

any changes in the figures for (a), (b) or (c) since the same period in the

 

preceding year; and

 

(e)    

any other information he deems useful to compile and publish.

 

(2)    

Local authorities are obliged to provide information requested by the Secretary of

 

State in pursuance of his duties under subsection (1), in a format specified by him.

 

(3)    

The Secretary of State must publish information in an accessible format, not later

 

than three months after the information has been provided by the local authorities.

 

(4)    

The Secretary of State may charge a prescribed fee for providing information

 

compiled under this section in paper form.

 

(5)    

The level of fee charged under subsection (5) must not exceed the cost of

 

production and supply.


 
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Revised 16 April 2013