House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 25 April 2013
426

Children and Families Bill, continued

(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

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.’.

Public Bill Committee: 25 April 2013
427

Children and Families Bill, continued

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

(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.
5
(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

Public Bill Committee: 25 April 2013
428

Children and Families Bill, continued

local authorities in exercising their duty under subsection (1), including, but not

limited to—

(a)
the format of arrangements made;
10
(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
15
made known to it; and

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

As an Amendment to Mrs Sharon Hodgson’s proposed New Clause (Information

sharing about live births) (NC18):—

Andrea Leadsom

Mr Frank Field

Mr Robert Buckland

(a)

Line  16,  at end add—

‘(3)
Local authorities must establish a pilot scheme to trial the registration of births

within children’s centres, and evaluate the effectiveness of the scheme to—

(a)
identify and contact new families; and

(b)
enable children’s centres to reach more families, in particular those with

children under the age of two, or who the local authority consider—

(i)
hard to reach, or

(ii)
vulnerable.’.

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.

(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—

Public Bill Committee: 25 April 2013
429

Children and Families Bill, continued

(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.’.

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.

Public Bill Committee: 25 April 2013
430

Children and Families Bill, continued

(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

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;

Public Bill Committee: 25 April 2013
431

Children and Families Bill, continued

(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: 25 April 2013
432

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



© Parliamentary copyright	Revised 25 April 2013