Session 2012 - 13
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Other Bills before Parliament


 
 

Public Bill Committee Proceedings: 25 April 2013          

91

 

Children and Families Bill, continued

 
 

(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.’.

 


 

Inclusion: apprenticeships

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Not called  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

 

Withdrawn  NC25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;


 
 

Public Bill Committee Proceedings: 25 April 2013          

92

 

Children and Families Bill, continued

 
 

(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

 

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

 

Not called  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

 

Not called  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—


 
 

Public Bill Committee Proceedings: 25 April 2013          

93

 

Children and Families Bill, continued

 
 

“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

 

Not called  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

 

Not called  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.’.

 

 



 
 

Public Bill Committee Proceedings: 25 April 2013          

94

 

Children and Families Bill, continued

 
 

Duty to assess and meet young carers’ needs for care and support

 

Mr Robert Buckland

 

Annette Brooke

 

Lucy Powell

 

Withdrawn  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).

 

(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

 

Not called  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.”.


 
 

Public Bill Committee Proceedings: 25 April 2013          

95

 

Children and Families Bill, continued

 
 

(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.”.’.

 


 

Registration of births within children’s centres: pilot scheme

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

Mr Frank Field

 

Not selected  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.


 
 

Public Bill Committee Proceedings: 25 April 2013          

96

 

Children and Families Bill, continued

 
 

(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.’.

 


 

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

 

Andrea Leadsom

 

Mrs Sharon Hodgson

 

Mr Robert Buckland

 

Not selected  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

 

Not called  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

 

Not called  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,


 
 

Public Bill Committee Proceedings: 25 April 2013          

97

 

Children and Families Bill, continued

 
 

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

 

families.’.

 


 

Constraints on Children’s Commissioner

 

Mr Steve Reed

 

Not called  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

 

Negatived on division  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).


 
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Revised 26 April 2013