House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 21 March 2013
175

Children and Families Bill, continued

Continuity in the arrangements for the people with whom a child is to live

Bill Esterson

NC4

To move the following Clause:—

‘(1)
In section 1 of the Children Act 1989, insert the following after subsection (2A)—

“(2B)
In any family proceedings, unless the contrary is shown, a court is to

presume that continuity in the arrangements relating to the person or

people with whom a child is to live will further the child’s welfare.”.

(2)
In section 22 of the Children Act 1989, insert the following after subsection (3)—

“(3ZA)
A local authority is to presume, unless the contrary is shown, that

continuity in the arrangements relating to the person or people with

whom a child looked after by that local authority is to live will help to

fulfil its duty under subsection (3)(a) to safeguard and promote the

welfare of that child.”.’.

Long-term post-adoption and fostering support

Bill Esterson

Ann Coffey

NC5

To move the following Clause:—

‘A local authority must ensure that its adoption support services, special

guardianship support services and fostering support services are provided in a

way which is in the long-term interests of those for whom they are provided.’.

Status, rights and remuneration of non-biological parents

Bill Esterson

Ann Coffey

NC6

To move the following Clause:—

‘(1)
Before the end of one year beginning with the day on which this Act receives

Royal Assent, the Secretary of State must—

(a)
carry out a review of—

(i)
options for the professional recognition of carers who look after

children who are not their biological children, to include foster

parents, residential social workers and adoptive parents;

(ii)
the status and rights of these carers; and

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Children and Families Bill, continued

(iii)
arrangements for the remuneration of these carers; and

(b)
publish a report of the conclusions of the review.’.

Minimum four-day week requirement for special educational provision at further

education institutions

Dr Julian Lewis

Caroline Nokes

NC7

To move the following Clause:—

‘Where an institution within the further education sector in England admits a

young person aged under 19 for whom an EHC plan is maintained, it must deliver

the special educational provision required by that young person on at least four

days in every week in which that provision is delivered.’.

Special guardianship support services: personal budgets

Lucy Powell

NC8

To move the following Clause:—

‘In Part 2 of the Children Act 1989, after section 14F (Special guardianship

support services), insert—

“14G
Special guardianship support services: personal budgets

(1)
This section applies where—

(a)
after carrying out an assessment under section 14F, a local

authority in England decides to provide any special guardianship

support services to a person (“the recipient”), and

(b)
the recipient is a child being cared for by a special guardian or a

special guardian.

(2)
The local authority must prepare a personal budget for the recipient if

asked to do so by the recipient or (in prescribed circumstances) a person

of a prescribed description.

(3)
The authority prepares a “personal budget” for the recipient if they

identify an amount as available to secure the special guardianship support

services that they have decided to provide, with a view to the recipient

being involved in securing those services.

(4)
Regulations may make provision about personal budgets, in particular—

(a)
about requests for personal budgets;

(b)
about the amount of a personal budget;

(c)
about the sources of the funds making up a person budget;

Public Bill Committee: 21 March 2013
177

Children and Families Bill, continued

(d)
for payments (“direct payments”) representing all or part of a

personal budget to be made to the recipient, or (in prescribed

circumstances) a person of a prescribed description, in order to

secure any special guardianship support services to which the

budget relates;

(e)
about the description of special guardianship support services to

which personal budgets and direct payments may (and may not)

relate;

(f)
for a personal budget or direct payment to cover the agreed cost

of the special guardianship support services to which the budget

or payment relates;

(g)
about when, how, to whom and on what conditions direct

payments may (and may not) be made;

(h)
about when direct payments may be required to be repaid and the

recovery of unpaid sums;

(i)
about conditions with which a person or body making direct

payments must comply before, after or at the time of making a

direct payment;

(j)
about arrangements for providing information, advice or support

in connection with personal budgets and direct payments.

(5)
If the regulations include provision authorising direct payments, they

must—

(a)
require the consent of the recipient, or (in prescribed

circumstances) a person of a prescribed description, to be

obtained before direct payments are made;

(b)
require the authority to stop making direct payments where the

required consent is withdrawn.

(6)
Any special guardianship support services secured by means of direct

payments made by a local authority are to be treated as special

guardianship support services provided by the authority for all purposes,

subject to any prescribed conditions or exceptions.

(7)
In this section “prescribed” means prescribed by regulations.’.

Special guardianship support services: duty to provide information

Lucy Powell

NC9

To move the following Clause:—

‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship

support services: personal budgets), insert—

“14H
Special guardianship support services: duty to provide information

(1)
Except in circumstances prescribed by regulations, a local authority in

England must provide the information specified in subsection (2) to—

(a)
any person who has contacted the authority to request

information about special guardianship support,

Public Bill Committee: 21 March 2013
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Children and Families Bill, continued

(b)
any person within the authority’s area who the authority are

aware is a special guardian for a child, and

(c)
any person within the authority’s area who is a special guardian

and has contacted the authority to request any of the information

specified in subsection (2).

(2)
The information is—

(a)
information about the special guardianship support services

available to people in the authority’s area;

(b)
information about the right to request an assessment under

section 14F (assessments etc for special guardianship support

services), and the authority’s duties under that section and

regulations made under it;

(c)
information about the authority’s duties under section 14G

(special guardianship support services: personal budgets) and the

regulations made under it;

(d)
any other information prescribed by regulations.’.

Review of impact of under-occupancy penalty on prospective adopters, prospective

special guardians and foster parents

Lisa Nandy

Mrs Sharon Hodgson

Bill Esterson

NC10

To move the following Clause:—

‘Before the end of one year beginning with the day on which this Act receives

Royal Assent, the Secretary of State must—

(a)
carry out a review of the impact of the housing under-occupancy penalty

on prospective adopters, prospective special guardians and foster parents,

and

(b)
publish a report of the conclusions of the review.’.

Pre-proceedings work with families

Lisa Nandy

Mrs Sharon Hodgson

NC11

To move the following Clause:—

‘(1)
Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is

amended as follows—

(2)
After subsection (12) insert—

“(13)
Where, as a result of complying with this section, a local authority

concludes that a child may need to become looked after in order to

Public Bill Committee: 21 March 2013
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Children and Families Bill, continued

safeguard and promote the child’s welfare, the local authority must,

unless emergency action is required,—

(a)
identify, and consider the willingness and suitability of any

relative, friend or other person connected with the child, to care

for them as an alternative to them becoming looked after by

unrelated carers;

(b)
offer the child’s parents or other person with parental

responsibility a family group conference to develop a plan which

will safeguard and promote the child’s welfare.”.’.

Provision of health services for children looked after by local authorities

Annette Brooke

NC12

To move the following Clause:—

‘(1)
Following a medical assessment at the time of a child being taken into care, the

clinical commissioning group has a duty to health services, where appropriate.

(2)
Health services includes, but is not limited to, therapeutic counselling and other

mental health services.’.

Welfare of the child - quality of parental relationship

Lisa Nandy

Mrs Sharon Hodgson

NC13

To move the following Clause:—

‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the

addition at the end of subsection (3) of the following paragraph:

“(h)
the quality of the relationship that the child has with each of his

parents, both currently and in the foreseeable future.”.’.

Arrangements for the provision of evidence by staff of a local authority or of an

authorised applicant in children proceedings

Lisa Nandy

Mrs Sharon Hodgson

NC14

To move the following Clause:—

‘(1)
The Secretary of State must make arrangements to support a person who is

instructed to provide evidence for use in children proceedings if they are a

Public Bill Committee: 21 March 2013
180

Children and Families Bill, continued

member of the staff of a local authority or of an authorised applicant under section

13(8)(a)(i).

(2)
The arrangements described in subsection (1) may include—

(a)
training prior to the proceedings,

(b)
coaching whilst at court,

(c)
designated facilities at court to enable preparation for the proceedings,

and

(d)
any other arrangements the Secretary of State believes will enable

members of the staff of a local authority or of an authorised applicant to

provide evidence in the proceedings.’.

Duty to secure social care provision in accordance with EHC Plan

Mr Robert Buckland

NC16

To move the following Clause:—

‘( )
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

Public Bill Committee: 21 March 2013
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Children and Families Bill, continued

(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.

(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;

(b)
the safeguarding of information;

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

provide information to local authorities;

(d)
the regularity of data transfers;

(e)
timescales within which a local authority must contact new families

made known to it; and

(f)
any further requirements the Secretary of State deems necessary.’.

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.



© Parliamentary copyright	Revised 21 March 2013