House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

17

House of Commons

Tuesday 19 March 2013

Public Bill Committee Proceedings

Children and Families Bill

[NINTH AND TENTH Sittings]

Lisa Nandy

Mrs Sharon Hodgson

Withdrawn  28

Clause  14,  page  12,  line  15,  after ‘issued’, insert ‘unless the court considers it

necessary in order to safeguard or promote the child’s welfare to permit additional time

for the disposing of the application.’.

Lucy Powell

Not called  33

Clause  14,  page  12,  line  35,  at end insert ‘or promote the child’s long-term

welfare.’.

Lisa Nandy

Mrs Sharon Hodgson

Not called  29

Clause  14,  page  13,  line  4,  after ‘weeks’, insert ‘or, having taken into consideration

the safeguarding and promotion of the child’s welfare, following evidence presented to

the court relating to a planned programme of intervention, such longer time period as the

court deems appropriate.’.

Clause Agreed to.

Lisa Nandy

Mrs Sharon Hodgson

Withdrawn  30

Clause  15,  page  14,  line  6,  at end insert—

‘(A1)
Section 22 of the Children Act 1989 (general duty of local authority in relation to

children looked after by them) is amended as follows—

     In subsection (4), after “proposing to look after,”, insert “including when

making any fundamental change to the care plan before or after a care

order has been made.”.’.

Public Bill Committee Proceedings: 19 March 2013
18

Children and Families Bill, continued

Lisa Nandy

Mrs Sharon Hodgson

Negatived on division  31

Clause  15,  page  14,  line  10,  after ‘provisions’, insert ‘and sibling placement

arrangements’.

Lisa Nandy

Mrs Sharon Hodgson

Not called  32

Clause  15,  page  14,  line  13,  at end insert ‘unless it deems such consideration

necessary in assessing the permanence provisions of the section 31A plan for the child

concerned and making the care order, taking into account the circumstances of the

application and the safeguarding and promotion of the child’s welfare.’.

Clause Agreed to.

Clauses 16 to 18 Agreed to.

Mrs Sharon Hodgson

Lisa Nandy

Withdrawn  68

Clause  19,  page  17,  line  17,  leave out ‘a local authority’ and insert ‘local

authorities and NHS bodies’.

Mrs Sharon Hodgson

Lisa Nandy

Withdrawn  69

Clause  19,  page  17,  line  30,  at end add—

‘(e)
the well-being of the child or young person’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  70

Clause  19,  page  17,  line  30,  at end add—

‘(2)
The Secretary of State shall make regulations defining the objectives that—

(a)
a local authority in England, or

(b)
a local partner of that local authority, pursuant to section 28, subsection

(2), paragraphs (j) to (m),


shall pursue in exercising a function under this Part.

(3)
Objectives under subsection (2) must include, but are not limited to—

(a)
increasing, maintaining and promoting positive family relationships;

(b)
increasing, maintaining and promoting the participation of children and

young people and their families in local community activities;

(c)
where possible, increasing the proximity of services for children and

young people and their families to where they are needed, and

(d)
where possible, increasing the accessibility of services with regard to the

financial circumstances and working arrangements of the children and

young people and their families they cater to.’.

Public Bill Committee Proceedings: 19 March 2013
19

Children and Families Bill, continued

Clause Agreed to.

Mrs Sharon Hodgson

Lisa Nandy

Withdrawn  71

Clause  20,  page  17,  leave out lines 40 to 42 and insert—

‘(b)
is a disabled person as defined by section 6 of the Equality Act 2010.’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  72

Clause  20,  page  17,  line  42,  at end insert—

‘(c)
has a chronic illness or long-term health condition which impacts on his

or her ability to access the same learning opportunities as their peers

without additional or extra provision.’.

Clause Agreed to.

Mr Robert Buckland

Withdrawn  189

Clause  21,  page  18,  line  16,  at end insert ‘including the private, voluntary and

independent early years sector and home-based early years provision.’.

Mr Edward Timpson

Agreed to  55

Clause  21,  page  18,  line  19,  leave out ‘all forms of’.

Mr Edward Timpson

Agreed to  56

Clause  21,  page  18,  line  20,  leave out ‘(whether or not’.

Clause, as amended, Agreed to.

Mr Robert Buckland

Withdrawn  195

Clause  22,  page  18,  line  32,  after ‘identifies’, insert ‘as early as possible’.

Mr Robert Buckland

Not called  40

Clause  22,  page  18,  line  33,  at end add—

‘(2)
Regulations must make provision for how local authorities exercise their

functions referred to in subsection (1).’.

Public Bill Committee Proceedings: 19 March 2013
20

Children and Families Bill, continued

Mr Robert Buckland

Not selected  54

Clause  22,  page  18,  line  33,  at end insert—

‘(2)
Regulations must make provision for the collection and publication of data

relating to children and young people by type of Special Education Need.’.

Clause Agreed to.

Clause 23 Agreed to.

Mr Robert Buckland

Withdrawn  206

Clause  24,  page  19,  line  3,  leave out ‘who is under compulsory school age’.

Clause Agreed to.

Mr Robert Buckland

Withdrawn  187

Clause  25,  page  19,  line  21,  leave out ‘in its area who have special educational

needs and insert—

‘(i)
in its area who have special educational needs, or

(ii)
outside its area for children or young people for whom it is

responsible who have special educational needs.’

Mrs Sharon Hodgson

Lisa Nandy

Not called  73

Clause  25,  page  19,  line  28,  leave out subsection (2).

Annette Brooke

Not called  198

Clause  25,  page  19,  line  36,  at end insert—

‘(h)
communication, language and literacy.’.

Clause Agreed to.

Mr Edward Timpson

Agreed to  57

Clause  26,  page  19,  line  38,  leave out ‘clinical commissioning groups’ and insert

‘commissioning bodies’.

Mr Robert Buckland

Withdrawn  204

Clause  26,  page  19,  line  42,  at end insert—

Public Bill Committee Proceedings: 19 March 2013
21

Children and Families Bill, continued

‘(1A)
A local authority in England must, in exercising its functions under this Part,

consider how it may encourage through any process of procurement it shall carry

out—

(a)
a diversity of provision of education; and

(b)
non-discrimination between maintained schools and non-maintained

schools.’.

Mr Robert Buckland

Not called  214

Clause  26,  page  19,  line  42,  at end insert—

‘(1A)
Local authorities and Health and Wellbeing Boards must put in place

arrangements for jointly reviewing services and developing joint outcomes

frameworks.’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  74

Clause  26,  page  20,  line  3,  at end insert—

‘(d)
any other provision deemed necessary to meet the special educational,

health or social care needs of a child or young person.’.

Mr Edward Timpson

Agreed to  58

Clause  26,  page  20,  line  7,  leave out ‘special educational needs of the children and

young people concerned’ and insert ‘learning difficulties and disabilities which result in

the children and young people concerned having special educational needs’.

Mr Robert Buckland

Not called  47

Clause  26,  page  20,  line  7,  leave out ‘special educational’ and insert ‘educational,

health and care’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  75

Clause  26,  page  20,  line  17,  at end insert—

‘(h)
compliance with the disability provisions of the Equalities Act.’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  76

Clause  26,  page  20,  line  23,  at end insert—

‘(d)
ensuring reasonable adjustments required are made.’.

Annette Brooke

Not called  199

Clause  26,  page  20,  line  23,  at end insert—

‘(d)
securing the provision set out in section 30 [Local offer for children and

young people with special educational needs].’.

Public Bill Committee Proceedings: 19 March 2013
22

Children and Families Bill, continued

Mr Edward Timpson

Agreed to  59

Clause  26,  page  20,  line  32,  leave out subsection (8) and insert—

‘(8)
A local authority’s “partner commissioning bodies” are—

(a)
the National Health Service Commissioning Board, to the extent that it is

under a duty under section 3B of the National Health Service Act 2006 to

arrange for the provision of services or facilities for any children and

young people for whom the authority is responsible who have special

educational needs, and

(b)
each clinical commissioning group that is under a duty under section 3 of

that Act to arrange for the provision of services or facilities for any such

children and young people.

(9)
Regulations may prescribe circumstances in which a clinical commissioning

group that would otherwise be a partner commissioning body of a local authority

by virtue of subsection (8)(b) is to be treated as not being a partner

commissioning body of the authority.’.

Mrs Sharon Hodgson

Lisa Nandy

Not called  77

Clause  26,  page  20,  line  34,  at end add—

‘(9)
The local authority must publish joint commissioning agreements in digital

format within one calendar month of said agreement being finalised or revised,

and make printed copies available on request.

(10)
In providing printed copies of joint commissioning agreements by virtue of

subsection (9), the local authority may charge a fee, the level of which should not

exceed the cost of supplying the copy.’.

Clause, as amended, Agreed to.

[Adjourned until Thursday at 11.30 am



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