House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 18 April 2013
356

Children and Families Bill, continued

(6)
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.’.

Duty to ensure sufficient support

Mrs Sharon Hodgson

Lisa Nandy

NC41

To move the following Clause:—

‘(1)
It shall be the general duty of every local authority to take steps to ensure that, so

far as reasonably practicable, a range and level of services are provided sufficient

to improve the wellbeing of young carers who are ordinarily resident in their area.

(2)
The reference in subsection (1) to services may include those provided by

institutions referred to elsewhere in this Act, as well as to those provided on a

regular basis by charitable and voluntary organisations.

(3)
In discharging its duty under subsection (1), a local authority must have regard

to—

(a)
data gathered by other agencies in exercising their duties under sections

[Health bodies: duties with respect to young carers], [Schools: duties

with respect to young carers] and [Further and higher education

institutions: duties with respect to student carers];

(b)
any guidance given from time to time by the Secretary of State.’.

Duty to assess social care provision for young carers

Mrs Sharon Hodgson

Lisa Nandy

NC42

To move the following Clause:—

‘(1)
In determining for the purposes of section [Duty to ensure sufficient support]

whether the provision of social care support is sufficient to meet the needs of

young carers, a local authority must—

(a)
undertake an assessment of social care needs of disabled people and

young carers in their area;

(b)
undertake an assessment of the sufficiency of the supply of social care

services for disabled people and young carers in their area;

(c)
publish a strategy setting out the steps to ensuring sufficiency of supply

of social care services for disabled people and young carers in their area;

and

(d)
have regard to any guidance given from time to time by the Secretary of

State.

Public Bill Committee: 18 April 2013
357

Children and Families Bill, continued

(2)
In relation to paragraphs (1)(a) and (b), the Secretary of State may by regulations

define the assessments of social care needs and sufficiency of supply of social

care services.’.

Health bodies: duties with respect to young carers

Mrs Sharon Hodgson

Lisa Nandy

NC43

To move the following Clause:—

‘(1)
In exercising their general functions health bodies must—

(a)
promote and safeguard the well-being of young carers;

(b)
ensure that effective procedures exist to identify patients who are or are

about to become carers;

(c)
ensure that effective procedures exist to identify patients who it may be

reasonably assumed may be receiving care from a child or young person

for whom they are responsible;

(d)
ensure that appropriate systems exist to ensure that carers receive

appropriate information and advice; and

(e)
ensure that systems are in place to ensure that the relevant general

medical services are rendered to their patients who are young carers, or

to the young carers of their patients.

(2)
In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by

regulations further provide for the strategies to be developed.’.

Schools: duties with respect to young carers

Mrs Sharon Hodgson

Lisa Nandy

NC44

To move the following Clause:—

‘(1)
The appropriate authorities of schools must ensure that, within 12 months of the

passing of this Act, they take all reasonable steps to ensure that there is in place

a policy which—

(a)
identifies young carers within the school; and

(b)
makes arrangements for the provision within school of appropriate

support to promote the well-being and improve the educational

attainment of pupils who are young carers.

(2)
In discharging its duty under subsection (1), where appropriate the authority

must—

(a)
consult with the family of the child or young person identified, or the

young person themselves;

(b)
involve the local authority in which the identified pupil is ordinarily

resident;

Public Bill Committee: 18 April 2013
358

Children and Families Bill, continued

(c)
refer the identified pupil to additional services outside the school;

(d)
have regard to any guidance given from time to time by the Secretary of

State.

(3)
The “appropriate authority” for a school is—

(a)
in the case of a maintained school, the governing body;

(b)
in the case of an Academy, the proprietor;

(c)
in the case of a pupil referral unit, the management committee.’.

Further and higher educational institutions: duties with respect to student carers

Mrs Sharon Hodgson

Lisa Nandy

NC45

To move the following Clause:—

‘(1)
The responsible body of an institution to which this section applies must, within

12 months of the passing of this Act, identify or make arrangements to identify

student carers and have a policy in place on promoting the well-being of student

carers.

(2)
This section applies to—

(a)
a university;

(b)
any other institution within the higher education sector;

(c)
an institution within the further education sector.

(3)
A responsible body is—

(a)
in the case of an institution in paragraphs (2)(a) or (b), the governing

body;

(b)
in the case of a college of further education under the management of a

board of management, the board of management;

(c)
in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

of the college, whether or not formally constituted as a governing body

or board of governors.

(4)
In discharging its duty under subsection (1), where appropriate the authority

must—

(a)
consult with the family of the child or young person identified, or the

young person themselves;

(b)
involve the local authority in which the identified pupil is ordinarily

resident;

(c)
refer the identified student to additional services outside of the

institution; and

(d)
have regard to any guidance given from time to time by the Secretary of

State.’.

Public Bill Committee: 18 April 2013
359

Children and Families Bill, continued

Interpretation

Mrs Sharon Hodgson

Lisa Nandy

NC46

To move the following Clause:—

‘In this Part—

“carer” has the same meaning as in section 1 of the Carers (Recognition and

Services) Act 1995;

“young carer” means a person under 18 years of age who carries out caring

tasks and assumes a level of responsibility for another person which

would normally be carried out by an adult;

“student carer” means a person enrolled with an institution in the further or

higher education sector who carries out caring tasks and assumes a level

of responsibility for another person with a disability;

“well-being” means the state of young carers so far as relating to—

(a)
physical and mental health and emotional well-being;

(b)
control by them over their day-to-day lives;

(c)
participation in education, training or recreation;

(d)
social and economic well-being;

(e)
domestic, family and personal relationships;

(f)
the contribution made by them to society.

“children’s services” means services that could be provided under section

17(1) of the Children Act 1989;

“community care services” has the same meaning as in section 46(3) of the

National Health Service and Community Care Act 1990;

“disability” has the same meaning as in section 6 of the Equality Act 2010;

“general medical services” has the same meaning as in the National Health

Service Act 2006;

“health bodies” includes—

(a)
“Clinical Commissioning Groups”, which has the same meaning

as in section 1I of the National Health Service Act 2006;

(b)
“Foundation Trusts”, which has the same meaning as in section

30 of the National Health Service Act 2006;

(c)
“NHS Trusts”, which have the same meaning as in section 25 of

the National Health Service Act 2006; and

(d)
“the NHS Commissioning Board”, which has the same meaning

as in section 1H of the National Health Service Act 2006;

“higher education” and “further education” have the same meanings as in

section 94 of the Equality Act 2010;

“local authority” means a county council, district council, London borough

council, the Greater London Authority or the Common Council of the

City of London;

“social care services” means any support that could be provided by a local

authority in discharge of its functions under the Local Authority Social

Services Act 1970 or pursuant to its powers under section 2 of the Local

Government Act 2000.’.

Public Bill Committee: 18 April 2013
360

Children and Families Bill, continued

Teachers

Mr Graham Allen

Bill Esterson

NC47

To move the following Clause:—

‘(1)
This section imposes duties on the appropriate authorities of the following

schools in England—

(a)
mainstream schools;

(b)
maintained nursery schools.

(2)
The appropriate authority must ensure all new teachers have undertaken in their

initial teacher training a mandatory module on special educational needs,

including dyslexia.

(3)
The “appropriate authority” for a school is—

(a)
in the case of a maintained school or maintained nursery school, the

governing body;

(b)
in the case of an Academy, the proprietor.’.

Remit of the Children’s Commissioner for Wales

Lisa Nandy

Mrs Sharon Hodgson

NC48


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.”.’.

Inclusion of children in equality impact assessments

Lisa Nandy

Mrs Sharon Hodgson

NC49

To move the following Clause:—

‘Section 149 of the Equality Act 2010 (Public sector equality duty) is amended as

follows—

“(1)
In subsection (7) after “age” add “,with particular regard to children

under the age of 18.”

(2)
After subsection (9) add—

“(10)
The public sector equality duty set out in this section as it relates

to children shall apply in the formulation and implementation of

Public Bill Committee: 18 April 2013
361

Children and Families Bill, continued

policy and in the formulation, promotion and implementation of

legislation.”.’.

Right to return to the same job after shared parental leave

Lisa Nandy

Mrs Sharon Hodgson

NC50

To move the following Clause:—

‘(1)
An employee who returns to work after any period of—

(a)
ordinary maternity leave;

(b)
ordinary adoption leave;

(c)
paternity leave;

(d)
shared parental leave of 26 weeks or less; or

(e)
parental leave of four weeks or less, which was a period of isolated leave,

or a consecutive period of any statutory leave of 26 weeks or less is

entitled to return from leave to the job in which the employee was

employed before the employee’s absence.

(2)
An employee who returns to work after any period of—

(a)
additional maternity leave;

(b)
additional adoption leave;

(c)
parental leave of more than four weeks; or

(d)
a consecutive period of any statutory leave of more than 26 weeks


is entitled to return from leave to the job in which the employee was employed

before the employee’s absence, or, if it is not reasonably practicable for the

employer to permit the employee to return to that job, to another job which is both

suitable for the employee and appropriate for the employee to do in the

circumstances.

(3)
The reference in subsections (1) and (2) to the job in which an employee was

employed before the employee’s absence is a reference to the job in which the

employee was employed—

(a)
if the employee’s return is from an isolated period of statutory leave,

immediately before that period began,

(b)
if the employee’s return is from consecutive periods of statutory leave,

immediately before the first such period.’.

Extension of other statutory rights to leave and pay

Lucy Powell

NC51

To move the following Clause:—

‘(1)
In section 80A of the Employment Rights Act 1996 (Entitlement to ordinary

paternity leave: birth) subsection (1)(b) is repealed.

Public Bill Committee: 18 April 2013
362

Children and Families Bill, continued

(2)
Section 171ZA of the Social Security Contributions and Benefits Act 1992

(Entitlement: birth) subsection (2)(b) is repealed.’.

Father quota entitlement

Lucy Powell

NC52

To move the following Clause:—

‘(1)
In Part 8 of the Employment Rights Act 1996 after section 80E there is inserted—

“80F
Entitlement to father quota

(1)
The Secretary of State may make regulations entitling an employee who

satisfies specified conditions as to the relationship with a child or

expected child or with the child’s mother to be absent from work on leave

under this section for the purpose of caring for the child.

(2)
Regulations under subsection (1) shall provide that such leave shall be

taken before the end of the period of 56 weeks beginning with the date of

the child’s birth.

(3)
Provision under subsection (1) shall secure that where an employee is

entitled to leave under this section in respect of a child he is entitled to at

least four weeks’ leave.”

(2)
In the Social Security Contributions and Benefits Act 1992 after section 171ZT

there is inserted—

“171ZTT
father quota entitlement

(1)
Regulations shall provide that where an employee is entitled to a father

quota of leave under Section 80F of the Employment Rights Act 1996,

the employee is to be entitled to payments known as “father quota pay”.

(2)
Father quota pay under subsection (1) shall be at the earnings-related

weekly rate of 90 per cent of the employee’s average earnings for the first

six weeks in respect of which it is payable, followed by a fixed weekly

rate thereafter which shall not be less than the weekly rate of the full time

national minimum wage in respect of the remaining portion of the father

quota pay period”.’.

Statutory maternity pay for multiple births

Lucy Powell

NC53

To move the following Clause:—

‘(1)
The Social Security Contributions and Benefits Act 1992 is amended as follows.



© Parliamentary copyright	Revised 18 April 2013