Session 2013 - 14
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Other Bills before Parliament


 
 

93

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 11 June 2013

 

Report Stage Proceedings

 

Children and Families Bill, As Amended


 

New Clauses

 

Transfer of EHC plans

 

Secretary Michael Gove

 

Agreed to  NC9

 

To move the following Clause:—

 

‘(1)    

Regulations may make provision for an EHC plan maintained for a child or young

 

person by one local authority to be transferred to another local authority in

 

England, where the other authority becomes responsible for the child or young

 

person.

 

(2)    

The regulations may in particular—

 

(a)    

impose a duty on the other authority to maintain the plan;

 

(b)    

treat the plan as if originally prepared by the other authority;

 

(c)    

treat things done by the transferring authority in relation to the plan as

 

done by the other authority.’.

 


 

Childcare costs scheme: preparatory expenditure

 

Secretary Michael Gove

 

Agreed to  NC10

 

To move the following Clause:—

 

‘The Commissioners for Her Majesty’s Revenue and Customs may incur

 

expenditure in preparing for the introduction of a scheme for providing assistance

 

in respect of the costs of childcare.’.

 



 
 

Report Stage Proceedings: 11 June 2013                  

94

 

Children and Families Bill, continued

 
 

Regulation of child performance

 

Tim Loughton

 

Meg Munn

 

Negatived  NC3

 

To move the following Clause:—

 

‘(1)    

In section 37 of the Children and Young Persons Act 1963 (Restriction on persons

 

under 16 taking part in public performances, etc.) the words “under the

 

compulsory school leaving age” shall be inserted after the word “child” in

 

subsection (1).

 

(2)    

After subsection (2) there shall be inserted—

 

“(2A)    

In this section, “Performance” means the planned participation by a child

 

aged under the compulsory school leaving age in a public entertainment

 

production, unless that participation—

 

(a)    

involves risks that are no greater than the risks faced by that child

 

in the ordinary course of his life and does not require the child to

 

be absent from school or requires an absence from school of not

 

more than four days in a six month period and such absence is

 

authorised by the school;

 

(b)    

involves the child doing that which he would do in any event in

 

the ordinary course of his life; or

 

(c)    

involves the creation of audio-visual content where there is an

 

overriding public interest in the child’s participation.”.

 

(3)    

Subsection (3)(a) of that section shall be repealed.

 

(4)    

After subsection (5) of that section there shall be inserted—

 

“(5A)    

Regulations under this section shall provide for the local authority to give

 

reasons for any refusal of a licence under this section and shall specify

 

any mitigating action which would be required to allow a licence to be

 

issued.

 

(5B)    

A refusal of a local authority to grant a licence may be reversed on

 

appeal.”.

 

(5)    

Subsection (6) of that section shall be repealed.

 

(6)    

After subsection (7) the following shall be inserted—

 

“(7A)    

A licence granted by a local authority shall be transferrable to another

 

local authority if the child moves residence from one local authority area

 

to another.”.

 

(7)    

Section 38 of the Act (Restriction on licences for performances by children under

 

14) shall be repealed.

 

(8)    

After section 39 of the Act, there shall be inserted—

 

“39A  

Presumption that a licence should be issued

 

(1)    

There shall be a presumption that a licence shall be issued unless there is

 

identifiable potential harm that cannot be mitigated by any other action.

 

(2)    

For the purposes of this section—

 

(a)    

“identifiable potential harm” shall be any outcome that acts

 

adversely against the wellbeing of the child;

 

(b)    

“mitigated” shall mean such reasonable action that secures the

 

safety of the child from the impact on their wellbeing; and


 
 

Report Stage Proceedings: 11 June 2013                  

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Children and Families Bill, continued

 
 

(c)    

“wellbeing” includes the physical, mental and emotional

 

condition and interests of the child.

 

39B    

Guidance

 

(1)    

The Secretary of State shall issue guidance to local authorities on the

 

criteria for issuing licences and the conditions which shall apply to them;

 

and this guidance may make different provision for children falling

 

within different age bands applicable to their development age.

 

(2)    

Guidance shall include a requirement for the local authority’s decision to

 

be based on an assessment of the risks involved in the child’s

 

participation in the performance.

 

(3)    

Guidance shall include the safeguarding arrangements which shall be

 

made in regard to participation in sporting activities; and in drawing up

 

this guidance the Secretary of State shall consult sports governing bodies.

 

(4)    

Guidance shall require the local authority, in considering the terms on

 

which a licence is issued, to have regard to the number of days actually

 

worked spread across a particular period.

 

(5)    

Guidance shall require local authorities to provide for on-line

 

applications for licences, to deal with all licences in time if submitted at

 

least 10 days before they are to come into effect, or five days in respect

 

of a repeated application.

 

(6)    

Guidance shall provide for local authorities to inspect sites where

 

children taking part in performances are to be accommodated, if they will

 

be residing alongside unconnected adults.

 

(7)    

Guidance shall provide for local authorities to disregard absence in

 

connection with licensed performances in school records for authorised

 

absences.

 

(8)    

Guidance shall provide that local authorities shall require that matrons or

 

chaperones shall operate under standards accepted by the appropriate

 

advisory bodies.

 

(9)    

Guidance shall also include the circumstances in which it is appropriate

 

to authorise a body of persons to organise a performance for which

 

licences will not be required by virtue of section 37(3)(b) of this Act,

 

including where the performers are of 13 years or upwards or if the body

 

is an amateur body and has a nominated child protection person who has

 

received appropriate training and is independent of the chaperone.

 

(10)    

Guidance under this section shall be laid before Parliament and shall be

 

subject to annulment in pursuance of a resolution of either House of

 

Parliament as if it were contained in a statutory instrument subject to such

 

annulment.”.

 

(9)    

Clause 42 of the Act (Licences for children and young persons performing

 

abroad) shall be amended by inserting after subsection (1)—

 

“(1A)    

Licences under section 25 of the principal Act in relation to performances

 

as defined under this Act shall be issued by local authorities rather than

 

as specified in the principal Act.”.

 

(10)    

In subsection (2) of that section the words after the word “granted” shall be

 

replaced by the words “regardless of the age of the child”.

 

(11)    

In the Children (Performances) Regulations 1968 (SI 1968/1728)—


 
 

Report Stage Proceedings: 11 June 2013                  

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Children and Families Bill, continued

 
 

(a)    

In Regulation 8 (Medical examinations) in paragraph (2), the words

 

“performance taking place within a period of six months from the date of

 

the said medical examination” shall be replaced by the words “later

 

performance”.

 

(b)    

At the end of Regulation 10 (Education) there shall be inserted—

 

“(6)    

The child’s parents or guardians must inform the child’s school

 

of any days on which the child will be absent by reason of taking

 

part in performances.”.

 

(c)    

In Regulation 12(3) (maximum number of other children a matron shall

 

have charge of), “eleven” shall be replaced by “nine”.

 

(d)    

At the end of Regulation 12 (Matrons) there shall be inserted—

 

“(7)    

A matron in respect of a performance organised by an amateur

 

body who is unpaid shall not require local authority approval

 

provided that he or she is CRB-checked and is independent of the

 

nominated child protection person.”.

 

(e)    

Regulation 17 (Further medical examinations) shall cease to have

 

effect.’.

 


 

Continuing support for former foster children

 

Paul Goggins

 

Mr Robert Buckland

 

Annette Brooke

 

Ann Coffey

 

Mr Elfyn Llwyd

 

Mark Durkan

 

Mr David Blunkett

 

Mike Weatherley

 

Meg Munn

 

Mr John Leech

 

Hazel Blears

 

Katy Clark

 

Mr Clive Betts

 

Mr David Anderson

 

Mr George Howarth

 

Jim Shannon

 

Nic Dakin

 

Alex Cunningham

 

Mr Tom Clarke

 

Andrea Leadsom

 

Jenny Chapman

 

Not called  NC4

 

To move the following Clause:—

 

‘Section 23C of the Children Act 1989 (continuing functions in respect of former

 

relevant children) is amended by the insertion of the following subsections after

 

subsection (5).

 

“(5ZA)    

The assistance given under subsection (4)(c) shall include the

 

continuation of accommodation with the former local authority foster

 

parent, unless—

 

(a)    

the former relevant child states that he or she does not wish to

 

continue residing in such accommodation, or

 

(b)    

the former local authority foster parent does not wish to continue

 

to provide accommodation, or

 

(c)    

it is not reasonably practicable to arrange such accommodation.

 

(5ZB)    

‘Former local authority foster parent’ means a local authority foster

 

parent within the meaning of section 22C(12) with whom the former


 
 

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Children and Families Bill, continued

 
 

relevant child, as a looked after child, was placed under section 22C(6)(a)

 

or (b).”.’.

 


 

Assessment and support of young carers

 

Mr Robert Buckland

 

Barbara Keeley

 

Paul Burstow

 

Mrs Sharon Hodgson

 

Annette Brooke

 

Not called  NC5

 

To move the following Clause:—

 

‘(1)    

Where it appears to a local authority that a child within their area may provide or

 

be about to provide care to an adult or a child who is disabled, the authority

 

must—

 

(a)    

assess whether the child has needs for support relating to their caring role

 

(or is likely to have such needs in the future); and

 

(b)    

if the child is found to have such needs, set out what those needs are (or

 

are likely to be in the future).

 

(2)    

Having carried out an assessment under subsection (1) the authority must meet

 

those needs for support which it considers to be necessary to meet in order to

 

safeguard and promote the child’s welfare.

 

(3)    

Having carried out an assessment under subsection (1), a local authority must also

 

consider whether the adult is or may be eligible for assessment under the Care Act

 

2013, and if so must ensure such an assessment is carried out unless that adult

 

objects.

 

(4)    

Having carried out an assessment under subsection (1) a local authority must

 

consider whether, in the case of a child who is caring for a disabled child, the child

 

being cared for requires an assessment under the Children Act 1989 and if so shall

 

carry out that assessment unless the person with parental responsibility for that

 

child objects.

 

(5)    

The Secretary of State shall issue guidance in relation to the duties set out above

 

having consulted with persons whom the Secretary of State considers to be

 

appropriate, the said guidance to be issued under section 7 of the Local Authority

 

Social Services Act 1970.

 

(6)    

Any service provided by an authority in the exercise of functions conferred on

 

them under this section may be provided for the family or for any member of the

 

child’s family, and may include—

 

(a)    

services to the adult the child is providing care to meet the adult’s needs

 

for care and support; and

 

(b)    

services to the adult to enhance their parenting capacity.

 

If such services are provided with a view to safeguarding and promoting the

 

child’s welfare.’.

 



 
 

Report Stage Proceedings: 11 June 2013                  

98

 

Children and Families Bill, continued

 
 

Staff to child ratios: Ofsted-registered childminder settings

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Stephen Twigg

 

Negatived on division  NC6

 

To move the following Clause:—

 

‘(1)    

This section applies to Ofsted-registered childminder settings.

 

(2)    

The ratio of staff to children under the age of eight must be no less than one to

 

six, where—

 

(a)    

a maximum of three children may be young children;

 

(b)    

a maximum of one child is under the age of one.

 

(3)    

Any care provided by childminders for older children must not adversely affect

 

the care of children receiving early years provision.

 

(4)    

If a childminder can demonstrate to parents, carers and inspectors, that the

 

individual needs of all the children are being met, then in addition to the ratio set

 

out in subsection (2), they may also care for—

 

(a)    

babies who are siblings of the children referred to in subsection (2), or

 

(b)    

their own baby.

 

(5)    

If children aged between four and five years only attend the childminding setting

 

outside of normal school hours or the normal school term time, they may be cared

 

for at the same time as three other young children, provided that at no time the

 

ratio of staff to children under the age of eight exceeds one to six.

 

(6)    

If a childminder employs an assistant or works with another childminder, each

 

childminder or assistant may care for the number of children permitted by the

 

ratios specified in subsections (2), (4), and (5).

 

(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 childcare settings

 

Mrs Sharon Hodgson

 

Lisa Nandy

 

Stephen Twigg

 

Not called  NC7

 

To move the following Clause:—

 

‘(1)    

This section applies to Ofsted-registered, non-domestic childcare settings.

 

(2)    

For children aged under two—


 
 

Report Stage Proceedings: 11 June 2013                  

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Children and Families Bill, continued

 
 

(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 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

 

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

 

childre, 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


 
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