Session 2012 - 13
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1233

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 25 April 2013

 

Consideration of Bill


 

Children and Families Bill, As Amended

 

Access to therapeutic support

 

Annette Brooke

 

NC1

 

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.’.

 

Duty to promote the mental health and emotional wellbeing of looked after children

 

Annette Brooke

 

NC2

 

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).


 
 

Notices of Amendments: 25 April 2013                  

1234

 

Children and Families Bill, continued

 
 

(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”.’.

 

Tim Loughton

 

1

 

Page  2,  line  21  [Clause  3],  at beginning add ‘After a period of three years from the

 

introduction of adoption scorecards’.

 

Tim Loughton [R]

 

2

 

Page  2,  line  24  [Clause  3],  at end insert—

 

‘(1A)    

The Secretary of State may require local authorities to make arrangements with

 

adoption agencies to compensate them for the cost of recruiting approved

 

prospective adopters.’.

 

Tim Loughton [R]

 

3

 

Page  2,  line  34  [Clause  3],  leave out paragraph (c).

 

Regulation of child performance

 

Tim Loughton

 

NC3

 

To move the following Clause:—

 

‘(1)    

In section 37 of the Children and Young Persons Act 1963 (Restriction on persons

 

under 16 taking part in public performances, etc.) the words “under the

 

compulsory school leaving age” shall be inserted after the word “child” in

 

subsection (1).

 

(2)    

After subsection (2) there shall be inserted—

 

“(2A)    

In this section, “Performance” means the planned participation by a child

 

aged under the compulsory school leaving age in a public entertainment

 

production, unless that participation—

 

(a)    

involves risks that are no greater than the risks faced by that child

 

in the ordinary course of his life and does not require the child to

 

be absent from school or requires an absence from school of not

 

more than four days in a six month period and such absence is

 

authorised by the school;

 

(b)    

involves the child doing that which he would do in any event in

 

the ordinary course of his life; or

 

(c)    

involves the creation of audio-visual content where there is an

 

overriding public interest in the child’s participation.”.

 

(3)    

Subsection (3)(a) of that section shall be repealed.

 

(4)    

After subsection (5) of that section there shall be inserted—

 

“(5A)    

Regulations under this section shall provide for the local authority to give

 

reasons for any refusal of a licence under this section and shall specify

 

any mitigating action which would be required to allow a licence to be

 

issued.


 
 

Notices of Amendments: 25 April 2013                  

1235

 

Children and Families Bill, continued

 
 

(5B)    

A refusal of a local authority to grant a licence may be reversed on

 

appeal.”.

 

(5)    

Subsection (6) of that section shall be repealed.

 

(6)    

After subsection (7) the following shall be inserted—

 

“(7A)    

A licence granted by a local authority shall be transferrable to another

 

local authority if the child moves residence from one local authority area

 

to another.”.

 

(7)    

Section 38 of the Act (Restriction on licences for performances by children under

 

14) shall be repealed.

 

(8)    

After section 39 of the Act, there shall be inserted—

 

“39A  

Presumption that a licence should be issued

 

(1)    

There shall be a presumption that a licence shall be issued unless there is

 

identifiable potential harm that cannot be mitigated by any other action.

 

(2)    

For the purposes of this section—

 

(a)    

“identifiable potential harm” shall be any outcome that acts

 

adversely against the wellbeing of the child;

 

(b)    

“mitigated” shall mean such reasonable action that secures the

 

safety of the child from the impact on their wellbeing; and

 

(c)    

“wellbeing” includes the physical, mental and emotional

 

condition and interests of the child.

 

39B    

Guidance

 

(1)    

The Secretary of State shall issue guidance to local authorities on the

 

criteria for issuing licences and the conditions which shall apply to them;

 

and this guidance may make different provision for children falling

 

within different age bands applicable to their development age.

 

(2)    

Guidance shall include a requirement for the local authority’s decision to

 

be based on an assessment of the risks involved in the child’s

 

participation in the performance.

 

(3)    

Guidance shall include the safeguarding arrangements which shall be

 

made in regard to participation in sporting activities; and in drawing up

 

this guidance the Secretary of State shall consult sports governing bodies.

 

(4)    

Guidance shall require the local authority, in considering the terms on

 

which a licence is issued, to have regard to the number of days actually

 

worked spread across a particular period.

 

(5)    

Guidance shall require local authorities to provide for on-line

 

applications for licences, to deal with all licences in time if submitted at

 

least 10 days before they are to come into effect, or five days in respect

 

of a repeated application.

 

(6)    

Guidance shall provide for local authorities to inspect sites where

 

children taking part in performances are to be accommodated, if they will

 

be residing alongside unconnected adults.

 

(7)    

Guidance shall provide for local authorities to disregard absence in

 

connection with licensed performances in school records for authorised

 

absences.


 
 

Notices of Amendments: 25 April 2013                  

1236

 

Children and Families Bill, continued

 
 

(8)    

Guidance shall provide that local authorities shall require that matrons or

 

chaperones shall operate under standards accepted by the appropriate

 

advisory bodies.

 

(9)    

Guidance shall also include the circumstances in which it is appropriate

 

to authorise a body of persons to organise a performance for which

 

licences will not be required by virtue of section 37(3)(b) of this Act,

 

including where the performers are of 13 years or upwards or if the body

 

is an amateur body and has a nominated child protection person who has

 

received appropriate training and is independent of the chaperone.

 

(10)    

Guidance under this section shall be laid before Parliament and shall be

 

subject to annulment in pursuance of a resolution of either House of

 

Parliament as if it were contained in a statutory instrument subject to such

 

annulment.”.

 

(9)    

Clause 42 of the Act (Licences for children and young persons performing

 

abroad) shall be amended by inserting after subsection (1)—

 

“(1A)    

Licences under section 25 of the principal Act in relation to performances

 

as defined under this Act shall be issued by local authorities rather than

 

as specified in the principal Act.”.

 

(10)    

In subsection (2) of that section the words after the word “granted” shall be

 

replaced by the words “regardless of the age of the child”.

 

(11)    

In the Children (Performances) Regulations 1968 (SI 1968/1728)—

 

(a)    

In Regulation 8 (Medical examinations) in paragraph (2), the words

 

“performance taking place within a period of six months from the date of

 

the said medical examination” shall be replaced by the words “later

 

performance”.

 

(b)    

At the end of Regulation 10 (Education) there shall be inserted—

 

“(6)    

The child’s parents or guardians must inform the child’s school

 

of any days on which the child will be absent by reason of taking

 

part in performances.”.

 

(c)    

In Regulation 12(3) (maximum number of other children a matron shall

 

have charge of), “eleven” shall be replaced by “nine”.

 

(d)    

At the end of Regulation 12 (Matrons) there shall be inserted—

 

“(7)    

A matron in respect of a performance organised by an amateur

 

body who is unpaid shall not require local authority approval

 

provided that he or she is CRB-checked and is independent of the

 

nominated child protection person.”.

 

(e)    

Regulation 17 (Further medical examinations) shall cease to have

 

effect.’.

 


 
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Revised 26 April 2013