Session 2013 - 14
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Other Bills before Parliament


 
 

Notices of Amendments: 7 June 2013                     

321

 

Children and Families Bill, continued

 
 

(3)    

In section 74(1) of the Education and Inspections Act 2006, which (when brought

 

into force) will substitute a new section 85 in the Education Act 2002, in

 

subsection (4) of that substituted section (foundation subjects for the fourth key

 

stage), at the end there is inserted “, and

 

(d)    

personal, social and health education.”

 

(4)    

Before section 86 of the Education Act 2002 there is inserted—

 

“85B  

Personal, social and health education

 

(1)    

For the purposes of this Part, personal, social and health education

 

(“PSHE”) shall include sex and relationship education, including

 

information about same-sex relationships, sexual violence, domestic

 

violence and sexual consent.

 

(2)    

The National Curriculum for England is not required to specify

 

attainment targets or assessment arrangements for PSHE (and section

 

84(1) has effect accordingly).

 

(3)    

The Secretary of State for Education shall set out guidance to schools and

 

colleges to ensure that a coherent approach to personal, social, health and

 

economic education is developed, including between primary and

 

secondary schools.

 

(4)    

It is the duty of the governing body and head teacher of any school in

 

which PSHE is provided in pursuance of this Part to secure that guidance

 

issued under subsection (3) is followed and that—

 

(a)    

information presented in the course of providing PSHE should

 

be accurate and balanced;

 

(b)    

PSHE is taught in a way that is appropriate to the ages of the

 

pupils concerned and to their religious and cultural backgrounds,

 

and reflects a reasonable range of religious, cultural and other

 

perspectives;

 

(c)    

PSHE is taught in a way that endeavours to promote equality,

 

celebrate diversity, and emphasise the importance of both rights

 

and responsibilities.

 

(5)    

In the exercise of their functions under this Part so far as relating to

 

PSHE, a local authority, governing body or head teacher shall have

 

regard to any guidance issued from time to time by the Secretary of State.

 

(5)    

Section 403 of the Education Act 1996 (sex education: manner of provision) is

 

amended as set out in subsections (6) to (9).

 

(6)    

In subsection (1), for the words from the beginning to “at a maintained school”

 

there is substituted “The governing body or other proprietor of any school to

 

which this section applies, and its head teacher, must take such steps as are

 

reasonably practicable to ensure that sex and relationships education is given to

 

registered pupils at the school and that”.

 

(7)    

After that subsection there is inserted—

 

“(1ZA)    

The schools to which this section applies are—

 

(a)    

maintained schools;

 

(b)    

city technology colleges;

 

(c)    

city colleges for the technology of the arts;

 

(d)    

Academies.

 

    

A reference in this section or section 404 to the governing body of a school, in

 

relation to a school within paragraph (b), (c) or (d), shall be read as a reference to

 

the proprietor of the school.”.


 
 

Notices of Amendments: 7 June 2013                     

322

 

Children and Families Bill, continued

 
 

(8)    

In subsection (1A)—

 

(a)    

for “when sex education is given to registered pupils at maintained

 

schools” there is substituted “when sex and relationships education is

 

given to registered pupils at schools to which this section applies”;

 

(b)    

in paragraph (a), after “, and” there is inserted “learn the nature of civil

 

partnership and the importance of strong and stable relationships.”;

 

(c)    

paragraph (b) is omitted.

 

(9)    

In subsection (1C), for “sex education” there is substituted “sex and relationships

 

education”,

 

(10)    

In section 579 of the Education Act 1996 (general interpretation), in the definition

 

of “sex education” in subsection (1)—

 

(a)    

for “sex education” there is substituted “sex and relationships

 

education”;

 

(b)    

at the end there is inserted “but does not include education about human

 

reproduction provided as part of any science teaching;”.

 

(11)    

For section 405 of the Education Act 1996 there is substituted—

 

“405  

Exemption from sex and relationships education

 

“(1)    

If a pupil of sufficient maturity in attendance at a school to which section

 

403 applies requests to be wholly or partly excused from receiving sex

 

and relationships education at the school, the pupil shall be so excused

 

accordingly until the request is withdrawn.

 

(2)    

The Secretary of State must in regulations define “sufficient maturity”.

 

(3)    

A statutory instrument containing regulations under subsection (2) may

 

not be made unless a draft of the instrument has been laid before and

 

approved by a resolution of each House of Parliament.

 

(4)    

The Secretry of State must lay draft regulations before Parliament before

 

the end of the period of 3 months beginning with the day on which this

 

Act is passed.”.’.

 


 

Inclusive and accessible education, health and social care provision

 

Mr Robert Buckland

 

NC21

 

To move the following Clause:—

 

‘(1)    

In exercising a function under Part 3, a local authority and NHS bodies in England

 

must promote and secure inclusive and accessible education, health and social

 

care provision to support children, young people and their families.

 

(2)    

Regulations will set out requirements on an authority and its partner NHS

 

commissioning bodies to promote and secure inclusive and accessible education,

 

health and social care provision in its local area, in particular through—

 

(a)    

the planning;

 

(b)    

the design;

 

(c)    

the commissioning or funding;


 
 

Notices of Amendments: 7 June 2013                     

323

 

Children and Families Bill, continued

 
 

(d)    

the delivery; and

 

(e)    

the evaluation of such services.’.

 


 

Information sharing about live births

 

Andrea Leadsom

 

Craig Whittaker

 

NC22

 

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.

 

(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

 

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

 

limited to—

 

(a)    

the format of arrangements made;

 

(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

 

made known to it; and

 

(f)    

any further requirements the Secretary of State deems necessary.

 

(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.’.

 


 

Allowances payable to self-employed adoptive parents

 

Valerie Vaz

 

NC23

 

Parliamentary Star    

To move the following Clause:—

 

‘The Secretary of State shall conduct an analysis of the potential costs, benefits

 

and desirability of providing for adoptive parents who are self-employed or in

 

receipt of welfare benefits to receive a weekly payment during the adoption pay


 
 

Notices of Amendments: 7 June 2013                     

324

 

Children and Families Bill, continued

 
 

period equivalent to the maternity allowance paid to new parents whose children

 

are born to them.’.

 


 

Publication of information relating to Special Educational Needs tribunal cases

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC24

 

Parliamentary Star    

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.’.

 


 

Health bodies: duties with respect to young carers

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC25

 

Parliamentary Star    

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


 
 

Notices of Amendments: 7 June 2013                     

325

 

Children and Families Bill, continued

 
 

(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.’.

 


 

Schools: duties with respect to young carers

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC26

 

Parliamentary Star    

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

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

NC27

 

Parliamentary Star    

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


 
 

Notices of Amendments: 7 June 2013                     

326

 

Children and Families Bill, continued

 
 

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;

 

(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.’.

 


 

Lisa Nandy

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

33

 

Clause  1,  page  1,  leave out line 9 and insert ‘satisfied that C should be placed for

 

adoption—’.

 


 

Lisa Nandy

 

Stephen Twigg

 

Mrs Sharon Hodgson

 

34

 

Clause  2,  page  1,  line  15,  at end insert—

 

‘(1A)    

In subsection (4), after paragraph (f) insert—

 

“(g)    

the child’s religious persuasion, racial origin and cultural and linguistic

 

background, although this paragraph does not apply to an adoption

 

agency in Wales, to which subsection (5) instead applies.”.’.

 



 
 

Notices of Amendments: 7 June 2013                     

327

 

Children and Families Bill, continued

 
 

Tim Loughton [R]

 

2

 

Clause  3,  page  2,  line  22,  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]

 

Meg Munn

 

29

 

Clause  3,  page  2,  line  22,  at end insert—

 

‘(1A)    

Directions under subsection (1) may not be given before May 2017, being five

 

years after the introduction of adoption scorecards.’.

 

Tim Loughton [R]

 

3

 

Clause  3,  page  2,  line  32,  leave out paragraph (c).

 


 

Secretary Michael Gove

 

9

 

Clause  6,  page  5,  line  9,  at end insert—

 

‘( )    

In section 129 (disclosure of information), in subsection (2)(a) after “suitable for

 

adoption” insert “or for whom a local authority in England is considering

 

adoption”.’.

 


 

Secretary Michael Gove

 

16

 

Clause  8,  page  8,  line  42,  at end add—

 

‘(12)    

In Part 1 of Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders

 

Act 2012 (civil legal services)—

 

(a)    

in paragraph 12(9) (victims of domestic violence and family matters), in

 

the definition of “family enactment” after paragraph (o) insert—

 

“(p)    

section 51A of the Adoption and Children Act 2002

 

(post-adoption contact orders).”, and

 

(b)    

in paragraph 13(1) (protection of children and family matters) after

 

paragraph (f) insert—

 

“(g)    

orders under section 51A of the Adoption and

 

Children Act 2002 (post-adoption contact).”’.

 



 
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