House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 19 March 2013
137

Children and Families Bill, continued

(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

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

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

Public Bill Committee: 19 March 2013
138

Children and Families Bill, continued

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: 19 March 2013
139

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).

Public Bill Committee: 19 March 2013
140

Children and Families Bill, continued

(3D)
A person appointed by a local authority under subsection (3C) must be

an officer or the local authority, another local authority or a health body

in England”.’.

Maintaining a register of sight impaired and severely sight impaired children and young

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

Public Bill Committee: 19 March 2013
141

Children and Families Bill, continued

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.


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.”.’.

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: 19 March 2013
142

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: 19 March 2013
143

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.

NOTICES WITHDRAWN

The following Notices were withdrawn on 14 March:

NC15



© Parliamentary copyright	Revised 19 March 2013