Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee: 18 April 2013                  

342

 

Children and Families Bill, continued

 
 

‘( )    

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.’.

 


 

Continuity of special educational provision when a child or young person moves

 

residence

 

Caroline Nokes

 

NC17

 

To move the following Clause:—

 

‘(1)    

This section applies where—

 

(a)    

a local authority (the “sending authority”) maintains an education, health

 

and care plan for a child or young person, and

 

(b)    

another local authority (the “receiving authority”) is notified by the

 

child’s parent or the young person that they intend to move residence to

 

the receiving authority’s area.

 

(2)    

Where the sending authority is notified by the child’s parent or the young person

 

that they intend to move residence it must provide the receiving authority with a

 

copy of the education, health and care plan.

 

(3)    

The receiving authority must—

 

(a)    

review the child or young person’s education health and care plan having

 

regard to the need for continuity of provision, and the outcomes specified

 

in the plan; and

 

(b)    

provide the child’s parent or the young person with such information as

 

it considers appropriate.’.

 


 

Information sharing about live births

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC18

 

To move the following Clause:—

 

‘(1)    

NHS trusts should make arrangements to share with local authorities records of

 

live births to parents resident in their area, to be used by the local authority for the

 

purposes of identifying and contacting new families through children’s centres

 

and any other early years outreach services it may operate.

5

(2)    

The Secretary of State must, within a period of six months of Royal Assent to this

 

Act, bring forward regulations placing consequential requirements on trusts and

 

local authorities in exercising their duty under subsection (1), including, but not

 

limited to—

 

(a)    

the format of arrangements made;

10

(b)    

the safeguarding of information;

 

(c)    

the circumstances in which it would not be appropriate for a trust to

 

provide information to local authorities;


 
 

Public Bill Committee: 18 April 2013                  

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Children and Families Bill, continued

 
 

(d)    

the regularity of data transfers;

 

(e)    

timescales within which a local authority must contact new families

15

made known to it; and

 

(f)    

any further requirements the Secretary of State deems necessary.’.

 

As an Amendment to Mrs Sharon Hodgson’s proposed New Clause (Information

 

sharing about live births) (NC18):—

 

Andrea Leadsom

 

(a)

 

Parliamentary Star - white    

Line  16,  at end add—

 

‘(3)    

Local authorities must establish a pilot scheme to trial the registration of births

 

within children’s centres, and evaluate the effectiveness of the scheme to—

 

(a)    

identify and contact new families; and

 

(b)    

enable children’s centres to reach more families, in particular those with

 

children under the age of two, or who the local authority consider—

 

(i)    

hard to reach, or

 

(ii)    

vulnerable.’.

 


 

Children and young people in mainstream schools with specified health conditions,

 

without special educational needs

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC19

 

To move the following Clause:—

 

‘(1)    

The governing body of a mainstream school has a duty to produce and implement

 

a medical conditions policy that defines how it plans to support the needs of

 

children with specified health conditions.

 

(2)    

The medical conditions policy must include provision about—

 

(a)    

the means by which records of the specified health conditions of children

 

at the school are to be recorded and maintained; and

 

(b)    

the preparation of an individual healthcare plan for each child with a

 

specified health condition which sets out the needs of that child arising

 

from that condition.

 

(3)    

The medical conditions policy must include requirements relating to the

 

provision of appropriate training for school staff to support the implementation of

 

individual healthcare plans.

 

(4)    

In preparing an individual healthcare plan the governing body must—

 

(a)    

consult the parents of the child concerned and, where appropriate, the

 

child about the contents of the plan; and

 

(b)    

there shall be a duty on NHS bodies to co-operate with the governing

 

body in its preparation and implementation of individual healthcare

 

plans.

 

(5)    

Local authorities and clinical commissioning groups must co-operate with

 

governing bodies in fulfilling their functions under this Act.


 
 

Public Bill Committee: 18 April 2013                  

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Children and Families Bill, continued

 
 

(6)    

The Secretary of State may by regulations define ‘specified health conditions’ for

 

the purposes of this section.

 

(7)    

For the purposes of this section ‘NHS bodies’ has the same meaning as in the

 

Health and Social Care Act 2012.’.

 


 

Tribunal service: information on cases related to special educational needs

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC20

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must collect information on all cases related to special

 

educational needs which are considered by the Tribunal Service, including—

 

(a)    

the local authority involved;

 

(b)    

the cost to the Tribunal Service;

 

(c)    

the amount spent by the local authority on fighting each case;

 

(d)    

the nature of each case; and

 

(e)    

the outcome of each case.

 

(2)    

The Secretary of State must collate and publish information collected in the

 

exercise of his functions under subsection (1) once a year.

 

(3)    

The following bodies must make arrangements to provide such information to the

 

Secretary of State as is necessary to enable him to perform his functions under

 

this section—

 

(a)    

the Tribunal Service;

 

(b)    

local authorities.’.

 


 

Early years area SEN co-ordinators

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC21

 

To move the following Clause:—

 

‘(1)    

Local authorities must appoint sufficient full-time equivalent members of staff (to

 

be known as Early Years Area SEN Co-ordinators) to have responsibility for co-

 

ordinating provision for children in Ofsted-registered early years settings other

 

than maintained nursery schools.

 

(2)    

In assessing sufficiency of staffing levels under subsection (1) the local authority

 

must have regard to—

 

(a)    

the number of children with special educational needs in its area

 

registered with early years settings to which subsection (1) applies;

 

(b)    

the number and geographical location of early years settings to which

 

subsection (1) applies.

 

(3)    

Regulations may provide for—


 
 

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Children and Families Bill, continued

 
 

(a)    

further considerations to be made by local authorities in exercising their

 

duties under subsection (1);

 

(b)    

the specific responsibilities of Early Years Area SEN Co-ordinators.

 

(4)    

The Secretary of State shall publish guidance to local authorities to assist in

 

exercising their functions under subsection (1).

 

(5)    

Local authorities must publish information on the provision of Early Years Area

 

SEN Co-ordinators as part of exercising their duties under section 30 of this Act

 

(local offer for children and young people with special educational needs).’.

 


 

Application of Part 3 to detained children and young people

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC22

 

To move the following Clause:—

 

‘(1)    

This section applies to children and young people detained in custody in

 

pursuance of—

 

(a)    

an order made by a court, or

 

(b)    

an order of recall made by the Secretary of State.

 

(2)    

Where a child or young person under the age of 18 to whom subsection (1) applies

 

has an EHC plan immediately prior to commencing his or her custodial sentence,

 

the local authority responsible for that child or young person must determine

 

which elements of provision described in the said plan may be delivered during

 

that sentence.

 

(3)    

Where a child or young person under the age of 18 to whom subsection (1) applies

 

has an EHC plan immediately prior to commencing his or her custodial

 

sentence—

 

(a)    

if that sentence is greater than 13 weeks in minimum length, the

 

responsible local authority may cease the plan;

 

(b)    

if the sentence is not more than 13 weeks in minimum length, the

 

responsible local authority may consider whether it would be

 

advantageous to continue to deliver any parts of the child or young

 

person’s EHC plan during his or her detention.

 

(4)    

In the course of their considerations under subsections (2) and (3), the responsible

 

local authority must consult—

 

(a)    

the child or young person concerned, and their family;

 

(b)    

the institution in which the child or young person will be detained;

 

(c)    

any organisations delivering education or training within or on behalf of

 

the institution in which the child or young person will be detained, and;

 

(d)    

any professionals or agencies other than the local authority which

 

currently provide services under the terms of the child or young person’s

 

EHC plan.

 

(5)    

In the course of their considerations under subsections (2) and (3), the responsible

 

local authority must have regard to—

 

(a)    

the nature of the crime for which the child or young person has been

 

detained;

 

(b)    

the age of the child or young person;

 

(c)    

the previous educational outcomes of the child or young person;


 
 

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Children and Families Bill, continued

 
 

(d)    

the views of those consulted by virtue of subsection (4), and;

 

(e)    

the level and appropriateness of education or training delivered within or

 

on behalf of the institution in which the child or young person will be

 

detained.’.

 


 

Inclusion within mainstream schools and post-16 institutions

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC23

 

To move the following Clause:—

 

‘(1)    

This section applies where a child or young person with special educational needs

 

attends a mainstream school or post-16 institution.

 

(2)    

The relevant authority should use its best endeavours to ensure that—

 

(a)    

the child or young person is able to access mainstream courses and

 

qualifications within that institution;

 

(b)    

all staff working at the school who may have contact with the child or

 

young person are aware of the needs of that child or young person;

 

(c)    

all web-based content provided by it or on its behalf meets British

 

Standard 8878:2010; and

 

(d)    

all students in attendance at the institution are able to play an active role

 

in school life.

 

(3)    

The relevant authority should produce and publish a document explaining how it

 

meets its duties under this section.

 

(4)    

The Secretary of State should, within one year of the commencement of this Act,

 

produce guidance for schools and post-16 institutions to assist them in fulfilling

 

their duties under this section.’.

 


 

Inclusion: apprenticeships

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC24

 

To move the following Clause:—

 

‘(1)    

The Apprenticeships, Skills, Children and Learning Act 2009 is amended as

 

follows:

 

(2)    

After section 12(2) insert new subsection—

 

“(2A)    

The requirements specified should not adversely affect the participation

 

of young people with special educational needs or disabilities in


 
 

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Children and Families Bill, continued

 
 

apprenticeship schemes, if they are able to perform at the prescribed

 

occupational standard required by the apprenticeship framework.”.’.

 


 

Children and young people temporarily unable to attend mainstream school

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC25

 

To move the following Clause:—

 

‘(1)    

This section applies where a child or young person of compulsory school age is

 

unable to attend school for a period of between one and twenty four months.

 

(2)    

The local authority responsible for a child or young person for whom subsection

 

(1) applies must ensure that appropriate educational provision is available and

 

provided to the child or young person concerned, and that any identified health or

 

social care needs are provided for.

 

(3)    

Regulations may specify acceptable reasons for which subsection (1) may apply,

 

including, but not limited to—

 

(a)    

the placement of the child or young person in a certain school under

 

section 39 of this Act is the subject of dispute;

 

(b)    

the child or young person has been withdrawn from school while an EHC

 

Plan is being prepared;

 

(c)    

the child or young person has been withdrawn from school as a result of

 

a diagnosed medical condition;

 

(d)    

the child or young person has been withdrawn from school, whether by

 

the school, their parents or themselves, as a result of bullying or fear of

 

bullying;

 

(e)    

the child or young person has been withdrawn from school as a result of

 

a diagnosed mental condition or temporary mental instability, including

 

phobia or trauma.

 

(4)    

In discharging their duties under this section, a local authority must—

 

(a)    

consult with the child or young person and their family;

 

(b)    

consult with the school at which the child or young person is currently

 

enrolled, or was last enrolled at;

 

(c)    

consult with professionals from any other agency known to be in contact

 

with the child or young person and their family in relation to the reason

 

for which the child or young person concerned has been withdrawn from

 

school;

 

(d)    

continue to monitor the development of the child or young person

 

concerned;

 

(e)    

have regard to the age and prior educational outcomes of the child or

 

young person when determining provision, and

 

(f)    

consider the suitability of internet-based educational provision.’.

 



 
 

Public Bill Committee: 18 April 2013                  

348

 

Children and Families Bill, continued

 
 

Reporting on implementation of Part 3

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC26

 

To move the following Clause:—

 

‘Within the period of one year beginning with the commencement of this Part,

 

and every year thereafter, the Secretary of State must lay before Parliament a

 

report about the effect of this Part.’.

 


 

Access to therapeutic support

 

Annette Brooke

 

NC27

 

To move the following Clause:—

 

‘(1)    

Where a child has been abused or harmed, or a child has been placed at risk of

 

abuse or harm, the local authority or clinical commissioning group has a duty to

 

provide health services, where appropriate.

 

(2)    

In this section—

 

“health services” includes, but is not limited to, therapeutic counselling and

 

other mental health services;

 

“local authority” has the meaning given by subsection 13(9);

 

“clinical commissioning group” has the meaning given by section 10 of the

 

Health and Social Care Act 2012.’.

 


 

Duty to promote the mental health and emotional wellbeing of looked after children

 

Annette Brooke

 

NC28

 

To move the following Clause:—

 

‘In section 22 of the Children Act 1989 [General duty of local authority in relation

 

to children looked after by them] after subsection (3A) insert the following new

 

subsections—

 

“(3B)    

The duty of a local authority under subsection (3)(a) to safeguard and

 

promote the welfare of a child looked after by them includes in particular

 

a duty to promote the child’s mental health and emotional wellbeing.

 

(3C)    

A local authority in England must appoint at least one person for the

 

purposes of discharging the duties imposed by virtue of subsection (3B).


 
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Revised 18 April 2013