House of Commons Public Bill Committee Proceedings

Session 2012 - 13
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Other Bills before Parliament

Public Bill Committee Proceedings: 25 April 2013
98

Children and Families Bill, continued

(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.

(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

Negatived on division  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

Public Bill Committee Proceedings: 25 April 2013
99

Children and Families Bill, continued

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

(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.’.

Public Bill Committee Proceedings: 25 April 2013
100

Children and Families Bill, continued

Information on children’s centres

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC40

To move the following Clause:—

‘(1)
The Secretary of State must compile and publish information on children’s

centres in England every three months, including—

(a)
the number of registered children’s centres in each local authority area;

(b)
the annual budget of each children’s centre in each local authority area;

(c)
the total weekly opening hours of each centre in each local authority area;

(d)
any changes in the figures for (a), (b) or (c) since the same period in the

preceding year; and

(e)
any other information he deems useful to compile and publish.

(2)
Local authorities are obliged to provide information requested by the Secretary of

State in pursuance of his duties under subsection (1), in a format specified by him.

(3)
The Secretary of State must publish information in an accessible format, not later

than three months after the information has been provided by the local authorities.

(4)
The Secretary of State may charge a prescribed fee for providing information

compiled under this section in paper form.

(5)
The level of fee charged under subsection (5) must not exceed the cost of

production and supply.

(6)
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.’.

Duty to ensure sufficient support

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC41

To move the following Clause:—

‘(1)
It shall be the general duty of every local authority to take steps to ensure that, so

far as reasonably practicable, a range and level of services are provided sufficient

to improve the wellbeing of young carers who are ordinarily resident in their area.

(2)
The reference in subsection (1) to services may include those provided by

institutions referred to elsewhere in this Act, as well as to those provided on a

regular basis by charitable and voluntary organisations.

(3)
In discharging its duty under subsection (1), a local authority must have regard

to—

(a)
data gathered by other agencies in exercising their duties under sections

[Health bodies: duties with respect to young carers], [Schools: duties

with respect to young carers] and [Further and higher education

institutions: duties with respect to student carers];

(b)
any guidance given from time to time by the Secretary of State.’.

Public Bill Committee Proceedings: 25 April 2013
101

Children and Families Bill, continued

Duty to assess social care provision for young carers

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC42

To move the following Clause:—

‘(1)
In determining for the purposes of section [Duty to ensure sufficient support]

whether the provision of social care support is sufficient to meet the needs of

young carers, a local authority must—

(a)
undertake an assessment of social care needs of disabled people and

young carers in their area;

(b)
undertake an assessment of the sufficiency of the supply of social care

services for disabled people and young carers in their area;

(c)
publish a strategy setting out the steps to ensuring sufficiency of supply

of social care services for disabled people and young carers in their area;

and

(d)
have regard to any guidance given from time to time by the Secretary of

State.

(2)
In relation to paragraphs (1)(a) and (b), the Secretary of State may by regulations

define the assessments of social care needs and sufficiency of supply of social

care services.’.

Health bodies: duties with respect to young carers

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC43

To move the following Clause:—

‘(1)
In exercising their general functions health bodies must—

(a)
promote and safeguard the well-being of young carers;

(b)
ensure that effective procedures exist to identify patients who are or are

about to become carers;

(c)
ensure that effective procedures exist to identify patients who it may be

reasonably assumed may be receiving care from a child or young person

for whom they are responsible;

(d)
ensure that appropriate systems exist to ensure that carers receive

appropriate information and advice; and

(e)
ensure that systems are in place to ensure that the relevant general

medical services are rendered to their patients who are young carers, or

to the young carers of their patients.

(2)
In relation to paragraphs (1)(b), (c) and (d), the Secretary of State may by

regulations further provide for the strategies to be developed.’.

Public Bill Committee Proceedings: 25 April 2013
102

Children and Families Bill, continued

Schools: duties with respect to young carers

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC44

To move the following Clause:—

‘(1)
The appropriate authorities of schools must ensure that, within 12 months of the

passing of this Act, they take all reasonable steps to ensure that there is in place

a policy which—

(a)
identifies young carers within the school; and

(b)
makes arrangements for the provision within school of appropriate

support to promote the well-being and improve the educational

attainment of pupils who are young carers.

(2)
In discharging its duty under subsection (1), where appropriate the authority

must—

(a)
consult with the family of the child or young person identified, or the

young person themselves;

(b)
involve the local authority in which the identified pupil is ordinarily

resident;

(c)
refer the identified pupil to additional services outside the school;

(d)
have regard to any guidance given from time to time by the Secretary of

State.

(3)
The “appropriate authority” for a school is—

(a)
in the case of a maintained school, the governing body;

(b)
in the case of an Academy, the proprietor;

(c)
in the case of a pupil referral unit, the management committee.’.

Further and higher educational institutions: duties with respect to student carers

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC45

To move the following Clause:—

‘(1)
The responsible body of an institution to which this section applies must, within

12 months of the passing of this Act, identify or make arrangements to identify

student carers and have a policy in place on promoting the well-being of student

carers.

(2)
This section applies to—

(a)
a university;

(b)
any other institution within the higher education sector;

(c)
an institution within the further education sector.

(3)
A responsible body is—

(a)
in the case of an institution in paragraphs (2)(a) or (b), the governing

body;

(b)
in the case of a college of further education under the management of a

board of management, the board of management;

Public Bill Committee Proceedings: 25 April 2013
103

Children and Families Bill, continued

(c)
in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

of the college, whether or not formally constituted as a governing body

or board of governors.

(4)
In discharging its duty under subsection (1), where appropriate the authority

must—

(a)
consult with the family of the child or young person identified, or the

young person themselves;

(b)
involve the local authority in which the identified pupil is ordinarily

resident;

(c)
refer the identified student to additional services outside of the

institution; and

(d)
have regard to any guidance given from time to time by the Secretary of

State.’.

Interpretation

Mrs Sharon Hodgson

Lisa Nandy

Not called  NC46

To move the following Clause:—

‘In this Part—

“carer” has the same meaning as in section 1 of the Carers (Recognition and

Services) Act 1995;

“young carer” means a person under 18 years of age who carries out caring

tasks and assumes a level of responsibility for another person which

would normally be carried out by an adult;

“student carer” means a person enrolled with an institution in the further or

higher education sector who carries out caring tasks and assumes a level

of responsibility for another person with a disability;

“well-being” means the state of young carers so far as relating to—

(a)
physical and mental health and emotional well-being;

(b)
control by them over their day-to-day lives;

(c)
participation in education, training or recreation;

(d)
social and economic well-being;

(e)
domestic, family and personal relationships;

(f)
the contribution made by them to society.

“children’s services” means services that could be provided under section

17(1) of the Children Act 1989;

“community care services” has the same meaning as in section 46(3) of the

National Health Service and Community Care Act 1990;

“disability” has the same meaning as in section 6 of the Equality Act 2010;

“general medical services” has the same meaning as in the National Health

Service Act 2006;

“health bodies” includes—

(a)
“Clinical Commissioning Groups”, which has the same meaning

as in section 1I of the National Health Service Act 2006;

Public Bill Committee Proceedings: 25 April 2013
104

Children and Families Bill, continued

(b)
“Foundation Trusts”, which has the same meaning as in section

30 of the National Health Service Act 2006;

(c)
“NHS Trusts”, which have the same meaning as in section 25 of

the National Health Service Act 2006; and

(d)
“the NHS Commissioning Board”, which has the same meaning

as in section 1H of the National Health Service Act 2006;

“higher education” and “further education” have the same meanings as in

section 94 of the Equality Act 2010;

“local authority” means a county council, district council, London borough

council, the Greater London Authority or the Common Council of the

City of London;

“social care services” means any support that could be provided by a local

authority in discharge of its functions under the Local Authority Social

Services Act 1970 or pursuant to its powers under section 2 of the Local

Government Act 2000.’.

Teachers

Mr Graham Allen

Bill Esterson

Not called  NC47

To move the following Clause:—

‘(1)
This section imposes duties on the appropriate authorities of the following

schools in England—

(a)
mainstream schools;

(b)
maintained nursery schools.

(2)
The appropriate authority must ensure all new teachers have undertaken in their

initial teacher training a mandatory module on special educational needs,

including dyslexia.

(3)
The “appropriate authority” for a school is—

(a)
in the case of a maintained school or maintained nursery school, the

governing body;

(b)
in the case of an Academy, the proprietor.’.

Remit of the Children’s Commissioner for Wales

Lisa Nandy

Mrs Sharon Hodgson

Not called  NC48

To move the following Clause:—

‘In section 72B of the Care Standards Act 2000, after subsection (1)(b), add—



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