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| | Continuity in the arrangements for the people with whom a child is to live |
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| To move the following Clause:— |
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| | ‘(1) | In section 1 of the Children Act 1989, insert the following after subsection (2A)— |
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| | “(2B) | In any family proceedings, unless the contrary is shown, a court is to |
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| | presume that continuity in the arrangements relating to the person or |
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| | people with whom a child is to live will further the child’s welfare.”. |
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| | (2) | In section 22 of the Children Act 1989, insert the following after subsection (3)— |
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| | “(3ZA) | A local authority is to presume, unless the contrary is shown, that |
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| | continuity in the arrangements relating to the person or people with |
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| | whom a child looked after by that local authority is to live will help to |
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| | fulfil its duty under subsection (3)(a) to safeguard and promote the |
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| | welfare of that child.”.’. |
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| | Long-term post-adoption and fostering support |
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| To move the following Clause:— |
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| | ‘A local authority must ensure that its adoption support services, special |
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| | guardianship support services and fostering support services are provided in a |
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| | way which is in the long-term interests of those for whom they are provided.’. |
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| | Status, rights and remuneration of non-biological parents |
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| To move the following Clause:— |
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| | ‘(1) | Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of— |
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| | (i) | options for the professional recognition of carers who look after |
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| | children who are not their biological children, to include foster |
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| | parents, residential social workers and adoptive parents; |
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| | (ii) | the status and rights of these carers; and |
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| | (iii) | arrangements for the remuneration of these carers; and |
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| | (b) | publish a report of the conclusions of the review.’. |
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| | Minimum four-day week requirement for special educational provision at further |
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| To move the following Clause:— |
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| | ‘Where an institution within the further education sector in England admits a |
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| | young person aged under 19 for whom an EHC plan is maintained, it must deliver |
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| | the special educational provision required by that young person on at least four |
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| | days in every week in which that provision is delivered.’. |
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| | Special guardianship support services: personal budgets |
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| To move the following Clause:— |
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| | ‘In Part 2 of the Children Act 1989, after section 14F (Special guardianship |
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| | support services), insert— |
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| | “14G | Special guardianship support services: personal budgets |
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| | (1) | This section applies where— |
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| | (a) | after carrying out an assessment under section 14F, a local |
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| | authority in England decides to provide any special guardianship |
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| | support services to a person (“the recipient”), and |
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| | (b) | the recipient is a child being cared for by a special guardian or a |
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| | (2) | The local authority must prepare a personal budget for the recipient if |
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| | asked to do so by the recipient or (in prescribed circumstances) a person |
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| | of a prescribed description. |
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| | (3) | The authority prepares a “personal budget” for the recipient if they |
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| | identify an amount as available to secure the special guardianship support |
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| | services that they have decided to provide, with a view to the recipient |
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| | being involved in securing those services. |
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| | (4) | Regulations may make provision about personal budgets, in particular— |
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| | (a) | about requests for personal budgets; |
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| | (b) | about the amount of a personal budget; |
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| | (c) | about the sources of the funds making up a person budget; |
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| | (d) | for payments (“direct payments”) representing all or part of a |
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| | personal budget to be made to the recipient, or (in prescribed |
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| | circumstances) a person of a prescribed description, in order to |
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| | secure any special guardianship support services to which the |
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| | (e) | about the description of special guardianship support services to |
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| | which personal budgets and direct payments may (and may not) |
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| | (f) | for a personal budget or direct payment to cover the agreed cost |
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| | of the special guardianship support services to which the budget |
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| | (g) | about when, how, to whom and on what conditions direct |
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| | payments may (and may not) be made; |
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| | (h) | about when direct payments may be required to be repaid and the |
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| | (i) | about conditions with which a person or body making direct |
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| | payments must comply before, after or at the time of making a |
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| | (j) | about arrangements for providing information, advice or support |
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| | in connection with personal budgets and direct payments. |
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| | (5) | If the regulations include provision authorising direct payments, they |
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| | (a) | require the consent of the recipient, or (in prescribed |
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| | circumstances) a person of a prescribed description, to be |
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| | obtained before direct payments are made; |
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| | (b) | require the authority to stop making direct payments where the |
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| | required consent is withdrawn. |
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| | (6) | Any special guardianship support services secured by means of direct |
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| | payments made by a local authority are to be treated as special |
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| | guardianship support services provided by the authority for all purposes, |
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| | subject to any prescribed conditions or exceptions. |
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| | (7) | In this section “prescribed” means prescribed by regulations.’. |
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| | Special guardianship support services: duty to provide information |
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| To move the following Clause:— |
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| | ‘In Part 2 of the Children Act 1989, after section 14G (Special guardianship |
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| | support services: personal budgets), insert— |
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| | “14H | Special guardianship support services: duty to provide information |
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| | (1) | Except in circumstances prescribed by regulations, a local authority in |
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| | England must provide the information specified in subsection (2) to— |
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| | (a) | any person who has contacted the authority to request |
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| | information about special guardianship support, |
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| | (b) | any person within the authority’s area who the authority are |
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| | aware is a special guardian for a child, and |
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| | (c) | any person within the authority’s area who is a special guardian |
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| | and has contacted the authority to request any of the information |
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| | specified in subsection (2). |
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| | (a) | information about the special guardianship support services |
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| | available to people in the authority’s area; |
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| | (b) | information about the right to request an assessment under |
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| | section 14F (assessments etc for special guardianship support |
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| | services), and the authority’s duties under that section and |
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| | regulations made under it; |
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| | (c) | information about the authority’s duties under section 14G |
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| | (special guardianship support services: personal budgets) and the |
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| | regulations made under it; |
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| | (d) | any other information prescribed by regulations.’. |
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| | Review of impact of under-occupancy penalty on prospective adopters, prospective |
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| | special guardians and foster parents |
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| To move the following Clause:— |
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| | ‘Before the end of one year beginning with the day on which this Act receives |
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| | Royal Assent, the Secretary of State must— |
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| | (a) | carry out a review of the impact of the housing under-occupancy penalty |
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| | on prospective adopters, prospective special guardians and foster parents, |
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| | (b) | publish a report of the conclusions of the review.’. |
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| | Pre-proceedings work with families |
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| To move the following Clause:— |
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| | ‘(1) | Section 47 of the Children Act 1989 (Local authority’s duty to investigate) is |
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| | (2) | After subsection (12) insert— |
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| | “(13) | Where, as a result of complying with this section, a local authority |
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| | concludes that a child may need to become looked after in order to |
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| | safeguard and promote the child’s welfare, the local authority must, |
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| | unless emergency action is required,— |
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| | (a) | identify, and consider the willingness and suitability of any |
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| | relative, friend or other person connected with the child, to care |
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| | for them as an alternative to them becoming looked after by |
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| | (b) | offer the child’s parents or other person with parental |
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| | responsibility a family group conference to develop a plan which |
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| | will safeguard and promote the child’s welfare.”.’. |
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| | Provision of health services for children looked after by local authorities |
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| To move the following Clause:— |
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| | ‘(1) | Following a medical assessment at the time of a child being taken into care, the |
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| | clinical commissioning group has a duty to health services, where appropriate. |
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| | (2) | Health services includes, but is not limited to, therapeutic counselling and other |
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| | mental health services.’. |
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| | Welfare of the child - quality of parental relationship |
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| To move the following Clause:— |
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| | ‘Section 1 of the Children Act 1989 (welfare of the child) is amended by the |
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| | addition at the end of subsection (3) of the following paragraph: |
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| | “(h) | the quality of the relationship that the child has with each of his |
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| | parents, both currently and in the foreseeable future.”.’. |
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| | Arrangements for the provision of evidence by staff of a local authority or of an |
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| | authorised applicant in children proceedings |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must make arrangements to support a person who is |
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| | instructed to provide evidence for use in children proceedings if they are a |
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| | member of the staff of a local authority or of an authorised applicant under section |
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| | (2) | The arrangements described in subsection (1) may include— |
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| | (a) | training prior to the proceedings, |
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| | (b) | coaching whilst at court, |
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| | (c) | designated facilities at court to enable preparation for the proceedings, |
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| | (d) | any other arrangements the Secretary of State believes will enable |
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| | members of the staff of a local authority or of an authorised applicant to |
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| | provide evidence in the proceedings.’. |
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| | Duty to secure social care provision in accordance with EHC Plan |
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| To move the following Clause:— |
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| | ‘( ) | A local authority that maintains an EHC plan for a child or young person must |
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| | secure the social care provision identified through an assessment under section 17 |
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| | of the Children Act 1989 specified in the plan.’. |
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| | Continuity of special educational provision when a child or young person moves |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where— |
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| | (a) | a local authority (the “sending authority”) maintains an education, health |
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| | and care plan for a child or young person, and |
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| | (b) | another local authority (the “receiving authority”) is notified by the |
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| | child’s parent or the young person that they intend to move residence to |
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| | the receiving authority’s area. |
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| | (2) | Where the sending authority is notified by the child’s parent or the young person |
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| | that they intend to move residence it must provide the receiving authority with a |
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| | copy of the education, health and care plan. |
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| | (3) | The receiving authority must— |
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| | (a) | review the child or young person’s education health and care plan having |
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| | regard to the need for continuity of provision, and the outcomes specified |
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| | (b) | provide the child’s parent or the young person with such information as |
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| | it considers appropriate.’. |
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| | Information sharing about live births |
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| To move the following Clause:— |
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| | ‘(1) | NHS trusts should make arrangements to share with local authorities records of |
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| | live births to parents resident in their area, to be used by the local authority for the |
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| | purposes of identifying and contacting new families through children’s centres |
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| | and any other early years outreach services it may operate. |
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| | (2) | The Secretary of State must, within a period of six months of Royal Assent to this |
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| | Act, bring forward regulations placing consequential requirements on trusts and |
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| | local authorities in exercising their duty under subsection (1), including, but not |
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| | (a) | the format of arrangements made; |
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| | (b) | the safeguarding of information; |
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| | (c) | the circumstances in which it would not be appropriate for a trust to |
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| | provide information to local authorities; |
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| | (d) | the regularity of data transfers; |
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| | (e) | timescales within which a local authority must contact new families |
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| | (f) | any further requirements the Secretary of State deems necessary.’. |
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| | Children and young people in mainstream schools with specified health conditions, |
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| | without special educational needs |
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| To move the following Clause:— |
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| | ‘(1) | The governing body of a mainstream school has a duty to produce and implement |
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| | a medical conditions policy that defines how it plans to support the needs of |
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| | children with specified health conditions. |
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| | (2) | The medical conditions policy must include provision about— |
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| | (a) | the means by which records of the specified health conditions of children |
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| | at the school are to be recorded and maintained; and |
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| | (b) | the preparation of an individual healthcare plan for each child with a |
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| | specified health condition which sets out the needs of that child arising |
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