Session 2013 - 14
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Other Bills before Parliament


 
 

Report Stage Proceedings: 11 June 2013                  

100

 

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

 

Not called  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


 
 

Report Stage Proceedings: 11 June 2013                  

101

 

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

 

Not called  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.”.’.

 



 
 

Report Stage Proceedings: 11 June 2013                  

102

 

Children and Families Bill, continued

 
 

General duty of local authority to secure sufficient early help services

 

Tim Loughton [R]

 

Andrea Leadsom

 

Not called  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

 

Not called  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

 

Not called  NC14

 

To move the following Clause:—


 
 

Report Stage Proceedings: 11 June 2013                  

103

 

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]

 

Not called  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

 

Not called  NC16

 

To move the following Clause:—


 
 

Report Stage Proceedings: 11 June 2013                  

104

 

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

 

Not called  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.


 
 

Report Stage Proceedings: 11 June 2013                  

105

 

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

 

Not called  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

 

Not called  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

 

Negatived on division  NC20

 

To move the following Clause:—


 
 

Report Stage Proceedings: 11 June 2013                  

106

 

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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