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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Children and Families Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [5 March 2013]. |
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| Clause 14, page 12, line 15, after ‘issued’, insert ‘unless the court considers it |
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| necessary in order to safeguard or promote the child’s welfare to permit additional time |
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| for the disposing of the application.’. |
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| Clause 14, page 12, line 35, at end insert ‘or promote the child’s long-term |
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| Clause 14, page 13, line 4, after ‘weeks’, insert ‘or, having taken into consideration |
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| the safeguarding and promotion of the child’s welfare, following evidence presented to |
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| the court relating to a planned programme of intervention, such longer time period as the |
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| court deems appropriate.’. |
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| Clause 15, page 14, line 6, at end insert— |
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| | ‘(A1) | Section 22 of the Children Act 1989 (general duty of local authority in relation to |
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| | children looked after by them) is amended as follows— |
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| | In subsection (4), after “proposing to look after,”, insert “including when |
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| | making any fundamental change to the care plan before or after a care |
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| Clause 15, page 14, line 10, after ‘provisions’, insert ‘and sibling placement |
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| Clause 15, page 14, line 13, at end insert ‘unless it deems such consideration |
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| necessary in assessing the permanence provisions of the section 31A plan for the child |
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| concerned and making the care order, taking into account the circumstances of the |
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| application and the safeguarding and promotion of the child’s welfare.’. |
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| Clause 19, page 17, line 17, leave out ‘a local authority’ and insert ‘local |
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| authorities and NHS bodies’. |
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| Clause 19, page 17, line 30, at end add— |
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| | ‘(e) | the well-being of the child or young person’. |
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| Clause 19, page 17, line 30, at end add— |
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| | ‘(2) | The Secretary of State shall make regulations defining the objectives that— |
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| | (a) | a local authority in England, or |
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| | (b) | a local partner of that local authority, pursuant to section 28, subsection |
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| | (2), paragraphs (j) to (m), |
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| | | shall pursue in exercising a function under this Part. |
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| | (3) | Objectives under subsection (2) must include, but are not limited to— |
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| | (a) | increasing, maintaining and promoting positive family relationships; |
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| | (b) | increasing, maintaining and promoting the participation of children and |
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| | young people and their families in local community activities; |
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| | (c) | where possible, increasing the proximity of services for children and |
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| | young people and their families to where they are needed, and |
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| | (d) | where possible, increasing the accessibility of services with regard to the |
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| | financial circumstances and working arrangements of the children and |
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| | young people and their families they cater to.’. |
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| Clause 20, page 17, leave out lines 40 to 42 and insert— |
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| | ‘(b) | is a disabled person as defined by section 6 of the Equality Act 2010.’. |
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| Clause 20, page 17, line 42, at end insert— |
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| | ‘(c) | has a chronic illness or long-term health condition which impacts on his |
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| | or her ability to access the same learning opportunities as their peers |
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| | without additional or extra provision.’. |
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| Clause 21, page 18, line 16, at end insert ‘including the private, voluntary and |
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| independent early years sector and home-based early years provision.’. |
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| Clause 21, page 18, line 19, leave out ‘all forms of’. |
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| Clause 21, page 18, line 20, leave out ‘(whether or not’. |
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| Clause 22, page 18, line 32, after ‘identifies’, insert ‘as early as possible’. |
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| Clause 22, page 18, line 33, at end add— |
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| | ‘(2) | Regulations must make provision for how local authorities exercise their |
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| | functions referred to in subsection (1).’. |
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| Clause 22, page 18, line 33, at end insert— |
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| | ‘(2) | Regulations must make provision for the collection and publication of data |
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| | relating to children and young people by type of Special Education Need.’. |
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| Clause 24, page 19, line 3, leave out ‘who is under compulsory school age’. |
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| Clause 25, page 19, line 21, leave out ‘in its area who have special educational |
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| | ‘(i) | in its area who have special educational needs, or |
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| | (ii) | outside its area for children or young people for whom it is |
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| | responsible who have special educational needs.’ |
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| Clause 25, page 19, line 28, leave out subsection (2). |
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| Clause 25, page 19, line 36, at end insert— |
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| | ‘(h) | communication, language and literacy.’. |
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| Clause 26, page 19, line 38, leave out ‘clinical commissioning groups’ and insert |
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| Clause 26, page 19, line 42, at end insert— |
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| | ‘(1A) | A local authority in England must, in exercising its functions under this Part, |
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| | consider how it may encourage through any process of procurement it shall carry |
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| | (a) | a diversity of provision of education; and |
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| | (b) | non-discrimination between maintained schools and non-maintained |
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| Clause 26, page 19, line 42, at end insert— |
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| | ‘(1A) | Local authorities and Health and Wellbeing Boards must put in place |
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| | arrangements for jointly reviewing services and developing joint outcomes |
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| Clause 26, page 20, line 3, at end insert— |
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| | ‘(d) | any other provision deemed necessary to meet the special educational, |
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| | health or social care needs of a child or young person.’. |
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| Clause 26, page 20, line 7, leave out ‘special educational needs of the children and |
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| young people concerned’ and insert ‘learning difficulties and disabilities which result in |
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| the children and young people concerned having special educational needs’. |
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| Clause 26, page 20, line 7, leave out ‘special educational’ and insert ‘educational, |
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| Clause 26, page 20, line 17, at end insert— |
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| | ‘(h) | compliance with the disability provisions of the Equalities Act.’. |
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| Clause 26, page 20, line 23, at end insert— |
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| | ‘(d) | ensuring reasonable adjustments required are made.’. |
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| Clause 26, page 20, line 23, at end insert— |
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| | ‘(d) | securing the provision set out in section 30 [Local offer for children and |
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| | young people with special educational needs].’. |
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| Clause 26, page 20, line 32, leave out subsection (8) and insert— |
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| | ‘(8) | A local authority’s “partner commissioning bodies” are— |
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| | (a) | the National Health Service Commissioning Board, to the extent that it is |
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| | under a duty under section 3B of the National Health Service Act 2006 to |
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| | arrange for the provision of services or facilities for any children and |
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| | young people for whom the authority is responsible who have special |
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| | (b) | each clinical commissioning group that is under a duty under section 3 of |
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| | that Act to arrange for the provision of services or facilities for any such |
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| | children and young people. |
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| | (9) | Regulations may prescribe circumstances in which a clinical commissioning |
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| | group that would otherwise be a partner commissioning body of a local authority |
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| | by virtue of subsection (8)(b) is to be treated as not being a partner |
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| | commissioning body of the authority.’. |
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| Clause 26, page 20, line 34, at end add— |
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| | ‘(9) | The local authority must publish joint commissioning agreements in digital |
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| | format within one calendar month of said agreement being finalised or revised, |
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| | and make printed copies available on request. |
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| | (10) | In providing printed copies of joint commissioning agreements by virtue of |
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| | subsection (9), the local authority may charge a fee, the level of which should not |
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| | exceed the cost of supplying the copy.’. |
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| Clause 27, page 20, line 38, after first ‘provision’, insert ‘, health care provision’. |
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| Clause 27, page 20, line 40, after ‘needs’, insert ‘and disabled children and young |
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| Clause 27, page 20, line 41, after first ‘provision’, insert ‘, health care provision’. |
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| Clause 27, page 20, line 43, after ‘needs’, insert ‘and disabled children and young |
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| Clause 27, page 20, line 43, at end insert ‘including provision in institutions |
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| approved by the Secretary of State by virtue of section 41 of this Part.’. |
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| Clause 27, page 21, line 3, at end insert— |
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| | ‘(2A) | If the education and care provision referred to in subsection (1)(a) and (b) is |
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| | deemed insufficient to meet the needs of children and young people under |
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| | subsection (2), a local authority must— |
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| | (a) | publish these findings; and |
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| | (b) | improve that provision until it is deemed by those consulted in subsection |
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| | (3) to be sufficient to meet all the needs identified under section (22).’. |
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| Clause 27, page 21, line 3, at end insert— |
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| | ‘(2A) | The local authority must assess the extent to which there is sufficient funding in |
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| | place to secure the provision detailed in subsection (1) for all the children and |
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| | young people and their families who require it. |
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| | (2B) | Where a local authority exercising its duty under subsection (2A) finds that it |
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| | does not have sufficient funding in place to secure adequate provision for all |
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| | children and young people who require that provision, the authority must |
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| | consider jointly commissioning services for which it is exclusively responsible |
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| | with neighbouring local authorities, where this is appropriate.’. |
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| Clause 27, page 21, line 18, at end insert— |
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| | ‘(a) | the governing bodies, proprietors or principals of institutions approved |
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| | by the Secretary of State under section 41 (independent special schools |
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| | and special post-16 institutions: approval).’. |
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| Clause 27, page 21, line 27, at end add— |
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| | ‘(6) | The local authority must demonstrate that any changes in services made as a |
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| | result of exercising its functions under this section will have the effect of |
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| | improving provision available for children and young people with special |
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| | educational needs and their families.’. |
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| Clause 27, page 21, line 27, at end add— |
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| | ‘(7) | The local authority must prepare and publish a report at least every 24 months |
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| | setting out how it has met its duties under this section.’. |
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| Clause 28, page 21, line 37, leave out ‘maintained nursery school’ and insert ‘the |
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| providers of relevant early years education in its area’. |
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