House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Consideration of Bill: 11 June 2013
361

Children and Families Bill, continued

(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.”.

(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accordingly until the request is withdrawn.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 Secretary 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

Mrs Sharon Hodgson

Mr Virendra Sharma

NC21

To move the following Clause:—

Consideration of Bill: 11 June 2013
362

Children and Families Bill, continued

‘(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;

(d)
the delivery; and

(e)
the evaluation of such services.’.

Information sharing about live births

Andrea Leadsom

Craig Whittaker

Mrs Sharon Hodgson

Paul Burstow

Mr Frank Field

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.’.

Consideration of Bill: 11 June 2013
363

Children and Families Bill, continued

Allowances payable to self-employed adoptive parents

Valerie Vaz

NC23

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

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

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

Barbara Keeley

NC25

To move the following Clause:—

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

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

Consideration of Bill: 11 June 2013
364

Children and Families Bill, continued

(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.’.

Schools: duties with respect to young carers

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

Barbara Keeley

NC26

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.’.

Consideration of Bill: 11 June 2013
365

Children and Families Bill, continued

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

Stephen Twigg

Mrs Sharon Hodgson

Lisa Nandy

Barbara Keeley

NC27

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;

(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.’.

Vicarious liability of local authorities for the acts of foster parents

John Mann

NC28


To move the following Clause:—

‘(1)
A local authority is vicariously liable for any tort committed by a foster parent

where:

(a)
that foster parent has had a child placed into their care by that local

authority; and

(b)
their tortious act or omission has resulted in harm to that child.

Consideration of Bill: 11 June 2013
366

Children and Families Bill, continued

(2)
The vicarious liability established by subsection (1) is deemed always to have had

effect.’.

Children’s Commissioner to report on children between zero amd two years old

Mr Frank Field

Andrea Leadsom

NC29


To move the following Clause:—

‘As soon as possible after the end of each financial year the Children’s

Commissioner must make a report on the exercise of his functions during that

year in relation to children between the ages of zero and two; what he has found

in the course of exercising those functions during that year; and the matters he

intends to consider or research in the next financial year.’.

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.”.’.

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.’.

Consideration of Bill: 11 June 2013
367

Children and Families Bill, continued

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).”’.

Bill Esterson

Craig Whittaker

31

Clause  9,  page  9,  line  8,   at end insert ‘and section 23B (8A) and monitoring and

evaluating the effectiveness of that local authority in discharging its duties under section

23C (4B) and section 23CA and advising them on ways to improve.’.

Bill Esterson

Craig Whittaker

32

Clause  9,  page  9,  line  11,  at end add—



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