House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 11 June 2013
354

Children and Families Bill, continued

(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 other member of staff must hold a full and relevant

level 3 qualification, and

(iii)
at least one other member 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.’.

Support for children with specified health conditions

Mr Adrian Sanders

Bob Stewart

Pauline Latham

Mrs Sharon Hodgson

Mr Jim Cunningham

NC8

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—

(a)
consult the parent of the child concerned and, where appropriate, the

child about the contents of the plan; and

Consideration of Bill: 11 June 2013
355

Children and Families Bill, continued

(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.’.

General duty of local authorities to co-operate to secure sufficient accommodation for

looked after children

Tim Loughton

Ann Coffey

NC11

To move the following Clause:—

‘(1)
The Children Act 1989 is amended as follows.

(2)
After section 22G (General duty of local authority to secure sufficient

accommodation for looked after children), insert the following new section:

“22H
General duty of local authorities to co-operate to secure sufficient

accommodation for looked after children

(1)
It is the general duty of a local authority to take steps in co-operation with

neighbouring local authorities that secure, so far as reasonably

practicable, the outcomes in subsections (2) and (3).

(2)
The first outcome applies to the children defined in subsection (3) of

section 22G in respect of whom the local authority are unable to secure

the outcome defined in subsection (2) of that section.

(3)
The first outcome is that the local authority is able to secure

accommodation for those children that—

(a)
is within a neighbouring authority’s area; and

(b)
meets the need of those children.

(4)
The second outcome applies to the children defined in subsection (3) of

section 22G in respect of whom a neighbouring local authority is unable

to secure the outcome defined in subsection (2) of that section.

(5)
The second outcome is that the local authority is able to secure

accommodation for those children that—

(a)
is within the authority’s area; and

(b)
meets the need of those children.”.’.

Consideration of Bill: 11 June 2013
356

Children and Families Bill, continued

General duty of local authority to secure sufficient early help services

Tim Loughton [R]

Andrea Leadsom

NC12

To move the following Clause:—

‘(1)
It is the general duty of a local authority to take steps that secure, so far as

reasonably practicable, the outcome in subsection (2).

(2)
The outcome is that the local authority is able to provide the children and young

people mentioned in subsection (3) and their families with provision of early help

services that—

(a)
are within the authority’s area or a neighbouring authority’s area; and

(b)
meet the needs of those children and young people and their families.

(3)
The children and young people referred to in subsection (2) are those—

(a)
who live within the local authority’s area, or

(b)
that the local authority is looking after.

(4)
In this section—

“early help services” means services to children under 6 and their families,

and services to children and young people (of whatever age) and their

families early in the emergence of a problem;

“young people” means people under 25.’.

Duty of local safeguarding children boards to undertake serious reviews

Tim Loughton

Ann Coffey

NC13

To move the following Clause:—

‘(1)
Section 14 of the Children Act 2004 (Functions and procedure of Local

Safeguarding Children Boards) is amended as follows.

(2)
After subsection (2), insert—

“(2A)
Functions of review under subsection (2) shall include a duty to

undertake serious case reviews at the direction of the Secretary of

State.”.’.

Part-time independent educational institutions to have no right to give corporal

punishment

Tim Loughton

Meg Munn

Ann Coffey

NC14

To move the following Clause:—

Consideration of Bill: 11 June 2013
357

Children and Families Bill, continued

‘(1)
Schedule 1 to the Education and Skills Act 2008 (Minor and consequential

amendments) is amended as follows.

(2)
In sub-paragraph (5) of paragraph 9, insert the following words at the end of

inserted subsection (7B):

“except that it applies in relation to this section as if for paragraphs (a) and

(b) of subsection (2) of section 92 of that Act there were substituted the

following words “for any amount of time during an academic year, no

matter how little”.”.’.

Return from care

Tim Loughton [R]

NC15

To move the following Clause:—

‘(1)
The Children Act 1989 is amended as follows.

(2)
After section 22C (Ways in which looked after children are to be accommodated

and maintained), insert the following new section:

“22CA
Return home support services for looked after children returning

home to the care of their parents/others with parental responsibility

(1)
Whenever a local authority decides that a looked after child should return

to the care of its parent, the local authority must assess and monitor the

support needs of the child and the parent for as long as is necessary to

safeguard and promote the child’s welfare.

(2)
If after carrying out an assessment in accordance with subsection (1)

above, the local authority decides that the child or the parent has support

needs, they must provide a child in care, and, in the case of formerly-

accommodated children, offer to provide, ‘return home support services’

to meet the identified support needs for as long as is necessary to

safeguard and promote the child’s welfare.

(3)
Whenever the local authority provides ‘return home support services’

under subsection (2) above, they must prepare a personal budget if asked

to do so by the parent or the child, with a view to the recipient being

involved in agreeing and securing those services.”.’.

Provision of further assistance to care leavers up to the age of 25

Craig Whittaker

Bill Esterson

Annette Brooke

Ann Coffey

NC16

To move the following Clause:—

Consideration of Bill: 11 June 2013
358

Children and Families Bill, continued

‘(1)
Section 23CA of the Children Act 1989 (Further assistance to pursue education

or training) is amended as follows.

(2)
At the end of the section heading insert “or for welfare purposes”.

(3)
In subsection (1)(a), at the end, insert “and”.

(4)
In subsection (1)(b), omit the last “and”.

(5)
Omit subsection (1)(c).

(6)
In subsection (4), after “training”, insert “or welfare”.

(7)
In subsection (5)(a), omit the last “or”.

(8)
In subsection (5)(b), after “training”, insert “or welfare”.

(9)
At the end of subsection (5), add the following new paragraphs—

“(c)
providing advice and support in relation to his welfare; or

(d)
making a grant in exceptional circumstances to enable him to

meet expenses connected with his welfare.”.’.

Amendments to the Health Act 2006

Alex Cunningham

Nia Griffith

Mr Virendra Sharma

Andy McDonald

Grahame Morrice

Jim Dowd

Bill Esterson

Mr George Mudie

Debbie Abrahams

Paul Flynn

Lindsay Roy

NC17

To move the following Clause:—

‘(1)
The Health Act 2006 is amended as follows.

(2)
After section 8, insert—

“8A
Offence of failing to prevent smoking in a private vehicle when

children are present

(1)
It is the duty of any person who drives a private vehicle to ensure that the

vehicle is smoke-free whenever a child or children under the age of 18

are in such vehicle or part of such vehicle.

(2)
A person who fails to comply with the duty in subsection (1) commits an

offence.

(3)
A person convicted of an offence under this section is liable on summary

conviction to a fine of £60.

(4)
The Secretary of State may introduce regulations to alter the level of

penalty payable under subsection (3).

(5)
The Secretary of State shall update all relevant regulations regarding the

offence created under subsection (2) within six months of this section

coming into force.

Consideration of Bill: 11 June 2013
359

Children and Families Bill, continued

(3)
In section 79(4)(a), leave out “or 8(7)” and insert “, 8(7), or 8A(4).”.’.

Review of impact of under-occupancy penalty on prospective adopters, prospective

special guardians and foster parents

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

NC18

To move the following Clause:—

‘Before the end of one year beginning with the day on which this Act receives

Royal Assent, the Secretary of State must—

(a)
carry out a review of the impact of the housing under-occupancy penalty

on prospective adopters, prospective special guardians and foster parents,

and

(b)
publish a report of the conclusions of the review.’.

Arrangements to support child witnesses

Lisa Nandy

Stephen Twigg

Mrs Sharon Hodgson

NC19

To move the following Clause:—

‘(1)
The Secretary of State shall by order introduce arrangements to establish

specialist courts in cases where a child has been sexually abused or harmed, and

where the child will be required to give evidence to the court, and to be examined

by the court.

(2)
Arrangements made by order under subsection (1) above shall include

arrangements to appoint intermediaries to support child witnesses in all court

cases, and other measures to support child witnesses.’.

Personal, social and health education in maintained schools

Lisa Nandy

Mrs Sharon Hodgson

Stella Creasy

Diana Johnson

Caroline Lucas

NC20

To move the following Clause:—

Consideration of Bill: 11 June 2013
360

Children and Families Bill, continued

‘(1)
In section 84(3) of the Education Act 2002 (curriculum foundation subjects for

the first, second and third key stages), after paragraph (g) there is inserted—

“(ga)
personal, social and health education”.

(2)
In section 85(4) of the Education Act 2002 (curriculum foundation subjects for

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

(d)
personal, social and health education.”

(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—



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