House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 21 March 2013
182

Children and Families Bill, continued

(3)
The medical conditions policy must include requirements relating to the

provision of appropriate training for school staff to support the implementation of

individual healthcare plans.

(4)
In preparing an individual healthcare plan the governing body must—

(a)
consult the parents of the child concerned and, where appropriate, the

child about the contents of the plan; and

(b)
there shall be a duty on NHS bodies to co-operate with the governing

body in its preparation and implementation of individual healthcare

plans.

(5)
Local authorities and clinical commissioning groups must co-operate with

governing bodies in fulfilling their functions under this Act.

(6)
The Secretary of State may by regulations define ‘specified health conditions’ for

the purposes of this section.

(7)
For the purposes of this section ‘NHS bodies’ has the same meaning as in the

Health and Social Care Act 2012.’.

Tribunal service: information on cases related to special educational needs

Mrs Sharon Hodgson

Lisa Nandy

NC20

To move the following Clause:—

‘(1)
The Secretary of State must collect information on all cases related to special

educational needs which are considered by the Tribunal Service, including—

(a)
the local authority involved;

(b)
the cost to the Tribunal Service;

(c)
the amount spent by the local authority on fighting each case;

(d)
the nature of each case; and

(e)
the outcome of each case.

(2)
The Secretary of State must collate and publish information collected in the

exercise of his functions under subsection (1) once a year.

(3)
The following bodies must make arrangements to provide such information to the

Secretary of State as is necessary to enable him to perform his functions under

this section—

(a)
the Tribunal Service;

(b)
local authorities.’.

Public Bill Committee: 21 March 2013
183

Children and Families Bill, continued

Early years area SEN co-ordinators

Mrs Sharon Hodgson

Lisa Nandy

NC21

To move the following Clause:—

‘(1)
Local authorities must appoint sufficient full-time equivalent members of staff (to

be known as Early Years Area SEN Co-ordinators) to have responsibility for co-

ordinating provision for children in Ofsted-registered early years settings other

than maintained nursery schools.

(2)
In assessing sufficiency of staffing levels under subsection (1) the local authority

must have regard to—

(a)
the number of children with special educational needs in its area

registered with early years settings to which subsection (1) applies;

(b)
the number and geographical location of early years settings to which

subsection (1) applies.

(3)
Regulations may provide for—

(a)
further considerations to be made by local authorities in exercising their

duties under subsection (1);

(b)
the specific responsibilities of Early Years Area SEN Co-ordinators.

(4)
The Secretary of State shall publish guidance to local authorities to assist in

exercising their functions under subsection (1).

(5)
Local authorities must publish information on the provision of Early Years Area

SEN Co-ordinators as part of exercising their duties under section 30 of this Act

(local offer for children and young people with special educational needs).’.

Application of Part 3 to detained children and young people

Mrs Sharon Hodgson

Lisa Nandy

NC22

To move the following Clause:—

‘(1)
This section applies to children and young people detained in custody in

pursuance of—

(a)
an order made by a court, or

(b)
an order of recall made by the Secretary of State.

(2)
Where a child or young person under the age of 18 to whom subsection (1) applies

has an EHC plan immediately prior to commencing his or her custodial sentence,

the local authority responsible for that child or young person must determine

which elements of provision described in the said plan may be delivered during

that sentence.

(3)
Where a child or young person under the age of 18 to whom subsection (1) applies

has an EHC plan immediately prior to commencing his or her custodial

sentence—

(a)
if that sentence is greater than 13 weeks in minimum length, the

responsible local authority may cease the plan;

(b)
if the sentence is not more than 13 weeks in minimum length, the

responsible local authority may consider whether it would be

Public Bill Committee: 21 March 2013
184

Children and Families Bill, continued

advantageous to continue to deliver any parts of the child or young

person’s EHC plan during his or her detention.

(4)
In the course of their considerations under subsections (2) and (3), the responsible

local authority must consult—

(a)
the child or young person concerned, and their family;

(b)
the institution in which the child or young person will be detained;

(c)
any organisations delivering education or training within or on behalf of

the institution in which the child or young person will be detained, and;

(d)
any professionals or agencies other than the local authority which

currently provide services under the terms of the child or young person’s

EHC plan.

(5)
In the course of their considerations under subsections (2) and (3), the responsible

local authority must have regard to—

(a)
the nature of the crime for which the child or young person has been

detained;

(b)
the age of the child or young person;

(c)
the previous educational outcomes of the child or young person;

(d)
the views of those consulted by virtue of subsection (4), and;

(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.’.

Public Bill Committee: 21 March 2013
185

Children and Families Bill, continued

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.”.’.

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

Public Bill Committee: 21 March 2013
186

Children and Families Bill, continued

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.’.

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.’.

Public Bill Committee: 21 March 2013
187

Children and Families Bill, continued

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).

(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).

Public Bill Committee: 21 March 2013
188

Children and Families Bill, continued

(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

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.”.’.



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