House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23 April 2013
398

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: 23 April 2013
399

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.”.’.

Public Bill Committee: 23 April 2013
400

Children and Families Bill, continued

Registration of births within children’s centres: pilot scheme

Andrea Leadsom

Mrs Sharon Hodgson

Mr Frank Field

NC32

To move the following Clause:—

‘(1)
The Secretary of State must, by regulations, establish a pilot scheme to trial the

registration of births within children’s centres.

(2)
The pilot scheme established under this section must name no less than six local

authorities in which the registration of births within children’s centres will be

trialled.

(3)
The Secretary of State must make available funding for the pilot schemes

established under this section.

(4)
Pilot schemes established under this section should—

(a)
last not less than 12 months and not more than 24; and

(b)
be evaluated by an independent body.

(5)
The independent body evaluating the pilot schemes in accordance with paragraph

(4)(b) must present a report to the Secretary of State within three months of their

conclusion, assessing the effectiveness of the pilot schemes against criteria

including—

(a)
cost effectiveness;

(b)
the levels of engagement with children’s centres by new parents;

(c)
an analysis of the changes in relationship between the children’s centres

and families; and

(d)
the change in health and developmental indicators within their catchment

areas.

(6)
Regulations under this section—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

(7)
Before regulations under subsection (6) are laid before Parliament the Secretary

of State must consult—

(a)
local authorities and directors of children’s services;

(b)
organisations other than local authorities involved in the management of

children’s centres;

(c)
the Department for Health and health agencies, and

(d)
any other person or organisation he may deem appropriate.

(8)
In this section “children’s centre” has the meaning given by section 5A(4)

(Arrangements for provision of children’s centres) of the Childcare Act 2006.’.

Public Bill Committee: 23 April 2013
401

Children and Families Bill, continued

Registration of births to take place only at children’s centres

Andrea Leadsom

Mrs Sharon Hodgson

Mr Robert Buckland

NC33

To move the following Clause:—

‘(1)
The Births and Deaths Registration Act 1953 is amended as follows.

(2)
After section 14A (re-registration after declaration of parentage) insert—

“14B
Registration of births to take place only at children’s centres

Information relating to the birth of every child born in England required

to be given under this Part, and any duty under this Part to sign the

register of births, may be given or fulfilled only at a children’s centre, as

defined in section 5A of the Childcare Act 2006 (arrangements for

provision of children’s centres).”.’.

Report of inspections of home-based child care settings

Andrea Leadsom

Mrs Sharon Hodgson

NC34

To move the following Clause:—

‘In section 50 of the Childcare Act 2006 (report of inspections) in subsection (1)

after paragraph (c) insert—

“(ca)
how well home-based child care setting meet the attachment needs of

children under two,”.’.

Inclusive and accessible education, health and social care provision

Mr Robert Buckland

NC36

To move the following Clause:—

‘In exercising a function under Part 3 of this Act, a local authority and NHS

bodies in England must promote and secure inclusive and accessible education,

health and social care provision to support children, young people and their

families.’.

Public Bill Committee: 23 April 2013
402

Children and Families Bill, continued

Constraints on Children’s Commissioner

Mr Steve Reed

NC37

To move the following Clause:—

‘In Schedule 1 to the Children Act 2004, in paragraph 1 (status) after sub-

paragraph (2) insert—

“(3)
The Minister shall have due regard to the desirability of ensuring that the

Children’s Commissioner is under as few constraints as reasonably

possible in determining—

(a)
the Commissioner’s activities,

(b)
the Commissioners’s timetables, and

(c)
the Commissioner’s priorities.”.’.

Staff to child ratios: Ofsted-registered childminder settings

Mrs Sharon Hodgson

Lisa Nandy

Lucy Powell

NC38

To move the following Clause:—

‘(1)
This section applies to Ofsted-registered childminder settings.

(2)
The ratio of staff to children under the age of eight must be no less than one to

six, where—

(a)
a maximum of three children may be young children;

(b)
a maximum of one child is under the age of one.

(3)
Any care provided by childminders for older children must not adversely affect

the care of children receiving early years provision.

(4)
If a childminder can demonstrate to parents, carers and inspectors, that the

individual needs of all the children are being met, then in addition to the ratio set

out in subsection (2), they may also care for—

(a)
babies who are siblings of the children referred to in subsection (2), or

(b)
their own baby.

(5)
If children aged between four and five years only attend the childminding setting

outside of normal school hours or the normal school term time, they may be cared

for at the same time as three other young children, provided that at no time does

the ratio of staff to children under the age of eight exceed one to six.

(6)
If a childminder employs an assistant or works with another childminder, each

childminder or assistant may care for the number of children permitted by the

ratios specified in subsections (2), (4) and (5).

(7)
Children may only be left in the sole care of a childminder’s assistant for two

hours in a single day.

(8)
Childminders must obtain the permission of a child’s parents or carers before that

child can be left in the sole care of a childminder’s assistant.

(9)
The ratios in subsections (2), (4) and (5) apply to childminders providing

overnight care, provided that the children are continuously monitored, which may

be through the use of electronic equipment.

Public Bill Committee: 23 April 2013
403

Children and Families Bill, continued

(10)
For the purposes of this section a child is—

(a)
a “young child” up until 1 September following his or her fifth birthday.

(b)
an “older child” after the 1 September following his or her fifth

birthday.’.

Staff to child ratios: Ofsted-registered non-domestic childminder

Mrs Sharon Hodgson

Lisa Nandy

Lucy Powell

NC39

To move the following Clause:—

‘(1)
This section applies to Ofsted-registered, non-domestic childcare settings.

(2)
For children aged under two—

(a)
the ratio of staff to children must be no less than one to three;

(b)
at least one member of staff must hold a full and relevant level 3

qualification, and must be suitably experienced in working with children

under two;

(c)
at least half of all other members of staff must hold a full and relevant

level 2 qualification;

(d)
at least half of all members of staff must have received training in care

for babies; and

(e)
where there is a dedicated area solely for children under two years old,

the member of staff in charge of that area must, in the judgement of their

employer, have suitable experience of working with children under two

years old.

(3)
For children between the ages of two and three—

(a)
the ratio of staff to children must be no less than one to four;

(b)
at least one member of staff must hold a full and relevant level 3

qualification; and

(c)
at least half of all other members of staff must hold a full and relevant

level 2 qualification.

(4)
Where there is registered early years provision, which operates between 8 am and

4 pm, and a member of staff with Qualified Teacher Status, Early Years

Professional Status or other full and relevant level 6 qualification is working

directly with the children, for children aged three and over—

(a)
the ratio of staff to children must be no less than one to 13; and

(b)
at least one other member of staff must hold a full and relevant level 3

qualification.

(5)
Where there is registered early years provision, which operates outside the hours

of 8 am and 4 pm, and between the hours of 8 am and 4 pm where a member of

staff with Qualified Teacher Status, Early Years Professional Status or other full

and relevant level 6 qualification is not working directly with the children, for

children aged three and over—

(a)
the ratio of staff to children must be no less than one to eight;

(b)
at least one member of staff must hold a full and relevant level 3

qualification; and

Public Bill Committee: 23 April 2013
404

Children and Families Bill, continued

(c)
at least half of all other staff must hold a full and relevant level 2

qualification.

(6)
In independent schools where—

(a)
a member of staff with Qualified Teacher Status, Early Years

Professional Status or other full and relevant level 6 qualification;

(b)
an instructor; or

(c)
a suitably qualified overseas-trained teacher is working directly with the

children, for children aged three and over—

(i)
for classes where the majority of children will reach the age of

five or older within the school year, the ratio of staff to children

must be no less than one to 30;

(ii)
for all other classes the ratio of staff to children must be no less

than one to 13; and

(iii)
at least one other member of staff must hold a full and relevant

level 3 qualification.

(7)
In independent schools where there is—

(a)
no member of staff with Qualified Teacher Status, Early Years

Professional Status or other full and relevant level 6 qualification;

(b)
no instructor; or

(c)
no suitably qualified overseas-trained teacher, working directly with the

children, for children aged three and over—

(i)
the ratio of staff to children must be no less than one to eight;

(ii)
at least one member of staff must hold a full and relevant level 3

qualification; and

(iii)
at least half of all other members of staff must hold a full and

relevant level 2 qualification.

(8)
In maintained nursery schools and nursery classes in maintained schools (except

reception classes)—

(a)
the ratio of staff to children must be no less than one to 13;

(b)
at least one member of staff must be a school teacher as defined by

subsection 122(3) [Power to prescribe pay and conditions] of the

Education Act 2002 and Schedule 2 to the Education (School Teachers’

Qualifications) (England) Regulations 2003; and

(c)
at least one other member of staff must hold a full and relevant level 3

qualification.

(9)
The Secretary of State may make provision in statutory guidance to—

(a)
define qualifications as “full and relevant”; and

(b)
define “suitable experience” for those working with children under two.

(10)
If HM Chief Inspector of Education is concerned about the quality of provision

or the safety and well-being of children in a setting he may impose different

ratios.’.



© Parliamentary copyright	Revised 23 April 2013