14171.33-39

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Children and Families Bill

33

(c)
make provision about the manner in which a parent carer’s

needs assessment is to be carried out;

(d)
make provision about the form a parent carer’s needs

assessment is to take.

(5)
The Secretary of State may by regulations amend the list in section

17ZD(8)(b) so as to—

(a)
add an entry,

(b)
remove an entry, or

(c)
vary an entry.

17ZF
Consideration of parent carers’ needs assessments

A local authority that carry out a parent carer’s needs assessment

must consider the assessment and decide—

(a)
whether the parent carer has needs for support in relation to

the care which he or she provides or intends to provide;

(b)
whether the disabled child cared for has needs for support;

(c)
if paragraph (a) or (b) applies, whether those needs could be

satisfied (wholly or partly) by services which the authority

may provide under section 17; and

(d)
if they could be so satisfied, whether or not to provide any

such services in relation to the parent carer or the disabled

child cared for.”

(2)
In section 104 of the Children Act 1989 (regulations and orders)—

(a)
in subsections (2) and (3A) (regulations within subsection (3B) or

(3C) not subject to annulment but to be approved in draft) after

“(3AA),” insert “(3AB),”, and

(b)
after subsection (3AA) insert—

“(3AB)
Regulations fall within this subsection if they are

regulations made in the exercise of the power conferred by

section 17ZE(5).””
128
Insert the following new Clause—

“Arrangements for living with former foster parents after reaching adulthood

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

(2)
After section 23C (continuing functions in respect of former relevant

children) insert—

“23CZA
Arrangements for certain former relevant children to continue to

live with former foster parents

(1)
Each local authority in England have the duties provided for in

subsection (3) in relation to a staying put arrangement.

(2)
A “staying put arrangement” is an arrangement under which—

(a)
a person who is a former relevant child by virtue of section

23C(1)(b), and

(b)
a person (a “former foster parent”) who was the former

relevant child’s local authority foster parent immediately

before the former relevant child ceased to be looked after by

the local authority,

34


continue to live together after the former relevant child has ceased

to be looked after.

(3)
It is the duty of the local authority (in discharging the duties in

section 23C(3) and by other means)—

(a)
to monitor the staying put arrangement, and

(b)
to provide advice, assistance and support to the former

relevant child and the former foster parent with a view to

maintaining the staying put arrangement.

(4)
Support provided to the former foster parent under subsection

(3)(b) must include financial support.

(5)
Subsection (3)(b) does not apply if the local authority consider that

the staying put arrangement is not consistent with the welfare of the

former relevant child.

(6)
The duties set out in subsection (3) subsist until the former relevant

child reaches the age of 21.”

(3)
In Part 2 of Schedule 2 (local authority support for looked after children)

after paragraph 19B (preparation for ceasing to be looked after) insert—

“Preparation for ceasing to be looked after: staying put arrangements

19BA (1)
This paragraph applies in relation to an eligible child (within the

meaning of paragraph 19B) who has been placed by a local

authority in England with a local authority foster parent.

      (2)
When carrying out the assessment of the child’s needs in

accordance with paragraph 19B(4), the local authority must

determine whether it would be appropriate to provide advice,

assistance and support under this Act in order to facilitate a

staying put arrangement, and with a view to maintaining such an

arrangement, after the local authority cease to look after him or

her.

      (3)
The local authority must provide advice, assistance and support

under this Act in order to facilitate a staying put arrangement

if—

(a)
the local authority determine under sub-paragraph (2)

that it would be appropriate to do so, and

(b)
the eligible child and the local authority foster parent

wish to make a staying put arrangement.

      (4)
In this paragraph, “staying put arrangement” has the meaning

given by section 23CZA.””
129
Insert the following new Clause—

“Duty to support pupils with medical conditions

(1)
The appropriate authority for a school to which this section applies must

make arrangements for supporting pupils at the school with medical

conditions.

(2)
In meeting the duty in subsection (1) the appropriate authority must have

regard to guidance issued by the Secretary of State.

35

(3)
The duty in subsection (1) does not apply in relation to a pupil who is a

young child for the purposes of Part 3 of the Childcare Act 2006 (regulation

of provision of childcare in England).

(4)
This section applies to the following schools in England—

(a)
a maintained school;

(b)
an Academy school;

(c)
an alternative provision Academy;

(d)
a pupil referral unit.

(5)
In this section—

“the appropriate authority for a school” means—

(a)
in the case of a maintained school, the governing body,

(b)
in the case of an Academy, the proprietor, and

(c)
in the case of a pupil referral unit, the management

committee;

“maintained school” means—

(a)
a community, foundation or voluntary school, within the

meaning of the School Standards and Framework Act 1998,

or

(b)
a community or foundation special school, within the

meaning of that Act.

(6)
The Education Act 1996 and this section are to be read as if this section were

included in that Act.”
130
Insert the following new Clause—

“Local authority functions relating to children etc: intervention

(1)
Section 497A of the Education Act 1996 (which confers power on the

Secretary of State to secure the proper performance of local authority

education functions, and is applied to social services functions relating to

children by section 50 of the Children Act 2004 and to functions relating to

childcare by section 15 of the Childcare Act 2006) is amended in accordance

with subsection (2).

(2)
After subsection (4A) insert—

“(4AA)
So far as is appropriate in consequence of a direction given under

subsection (4A), a reference (however expressed) in an enactment,

instrument or other document to a local authority is to be read as a

reference to the person by whom the function is exercisable.

(4AB)
Subsection (4AC) applies if a direction given under subsection (4A)

expires or is revoked without being replaced.

(4AC)
So far as is appropriate in consequence of the expiry or revocation,

a reference (however expressed) in an instrument or other

document to the person by whom the function was exercisable is to

be read as a reference to the local authority to which the direction

was given.”

(3)
In section 15 of the Local Government Act 1999 (Secretary of State’s power

to secure compliance with requirements of Part 1 of that Act) after

subsection (6) insert—

36

“(6A)
So far as is appropriate in consequence of a direction given under

subsection (6)(a), a reference (however expressed) in an enactment,

instrument or other document to a best value authority is to be read

as a reference to the person by whom the function is exercisable.

(6B)
Subsection (6C) applies if a direction given under subsection (6)(a)

expires or is revoked without being replaced.

(6C)
So far as is appropriate in consequence of the expiry or revocation,

a reference (however expressed) in an instrument or other

document to the person by whom the function was exercisable is to

be read as a reference to the best value authority to which the

direction was given.””
131
Insert the following new Clause—

“Application of suspension etc powers to establishments and agencies in

England

(1)
In section 14A of the Care Standards Act 2000 (power of Welsh Ministers to

suspend registration of person in respect of establishment or agency), in

subsection (1)—

(a)
for “Welsh Ministers” substitute “registration authority”, and

(b)
omit “for which the Welsh Ministers are the registration authority”.

(2)
In subsection (2) of that section, for “Welsh Ministers give” substitute

“registration authority gives”.

(3)
In section 15(4A) of that Act (duty of Welsh Ministers to give notice of

decision to grant application for cancellation or variation of suspension)—

(a)
for “Welsh Ministers decide” substitute “registration authority

decides”,

(b)
for “they” substitute “it”, and

(c)
for “their” substitute “its”.

(4)
In section 20B of that Act (urgent procedure for suspension or variation etc:

Wales), in the heading omit “: Wales”.

(5)
In subsection (1) of that section—

(a)
in paragraph (a) omit “for which the Welsh Ministers are the

registration authority”, and

(b)
in paragraph (b)—

(i)
for “Welsh Ministers have” substitute “registration

authority has”, and

(ii)
for “they act” substitute “it acts”.

(6)
In subsection (2) of that section, for “Welsh Ministers” in both places

substitute “registration authority”.

(7)
In subsection (4)(b) of that section, for “Welsh Ministers’” substitute

“registration authority’s”.”
132
Insert the following new Clause—

37

“Objectives and standards for establishments and agencies in England

(1)
In section 22 of the Care Standards Act 2000 (regulation of establishments

and agencies), in subsection (1), for the words from “may in particular” to

the end substitute “—

(a)
regulations made by the Secretary of State may in particular

make any provision such as is mentioned in subsection (1A),

(2), (7) or (8), and

(b)
regulations made by the Welsh Ministers may in particular

make any provision such as is mentioned in subsection (2),

(7) or (8).”

(2)
In that section, after subsection (1) insert—

“(1A)
Regulations made by the Secretary of State may prescribe objectives

and standards which must be met in relation to an establishment or

agency for which the CIECSS is the registration authority.””
133
Insert the following new Clause—

“National minimum standards for establishments and agencies in England

In section 23 of the Care Standards Act 2000 (national minimum standards),

after subsection (1) insert—

“(1A)
The standards applicable to an establishment or agency for which

the CIECSS is the registration authority may, in particular, explain

or supplement requirements imposed in relation to that

establishment or agency by regulations under section 22.””
134
Insert the following new Clause—

“Disqualification from carrying on, or being employed in, a children’s home

(1)
Section 65 of the Children Act 1989 (person disqualified from fostering a

child privately to be disqualified from carrying on etc children’s home) is

amended as follows.

(2)
Before subsection (1) insert—

“(A1)
A person (“P”) who is disqualified (under section 68) from fostering

a child privately must not carry on, or be otherwise concerned in the

management of, or have any financial interest in, a children’s home

in England unless—

(a)
P has, within the period of 28 days beginning with the day

on which P became aware of P’s disqualification, disclosed

to the appropriate authority the fact that P is so disqualified,

and

(b)
P has obtained the appropriate authority’s written consent.

(A2)
A person (“E”) must not employ a person (“P”) who is so

disqualified in a children’s home in England unless—

(a)
E has, within the period of 28 days beginning with the day

on which E became aware of P’s disqualification, disclosed

to the appropriate authority the fact that P is so disqualified,

and

(b)
E has obtained the appropriate authority’s written consent.”

38

(3)
In subsection (1), after “children’s home” insert “in Wales”.

(4)
In subsection (2), after “children’s home” insert “in Wales”.

(5)
In subsection (4), after “subsection” insert “(A1), (A2),”.

(6)
In subsection (5) after “subsection” insert “(A2) or”.”
135
Insert the following new Clause—

“Provision of free school lunches

(1)
The Education Act 1996 is amended as follows.

(2)
In section 512ZB (provision of free school lunches and milk at maintained

schools)—

(a)
in subsection (2)(a) after “subsection (4)” insert “or (4A) (or both)”,

(b)
after subsection (4) insert—

“(4A)
A person is within this subsection if the person—

(a)
is a registered pupil at a maintained school or pupil

referral unit in England, and

(b)
is in reception, year 1, year 2 or any other prescribed

year group at the school.

(4B)
The Secretary of State may by order provide for the

following to be treated as persons within subsection (4A)—

(a)
registered pupils, or any description of registered

pupils, at a maintained nursery school in England;

(b)
children, or any description of children, who receive

relevant funded early years education, or any

description of such education, in England.

(4C)
In subsection (4A)—

“maintained school” means—

(a)
a community, foundation or voluntary

school, or

(b)
a community or foundation special school;

“reception” means a year group in which the majority

of children will, in the school year, attain the age of 5;

“year 1” means a year group in which the majority of

children will, in the school year, attain the age of 6;

“year 2” means a year group in which the majority of

children will, in the school year, attain the age of 7;

“year group” means a group of children at a school the

majority of whom will, in a particular school year,

attain the same age.”, and

(c)
in subsection (5), after ““prescribed”” insert “, “relevant funded

early years education””.

(3)
After section 512A insert—

“512B
Provision of school lunches: Academies

(1)
Academy arrangements in relation to an Academy school or an

alternative provision Academy must include provision imposing

39

obligations on the proprietor that are equivalent to the school

lunches obligations.

(2)
“The school lunches obligations” are the obligations imposed in

relation to maintained schools and pupil referral units in England

by—

(a)
section 512(3) (provision of school lunches on request), and

(b)
section 512ZB(1) (provision of free school lunches to eligible

persons).

(3)
Academy arrangements in relation to an Academy (other than a 16

to 19 Academy) that are entered into before the date on which

section (Provision of free school lunches)(3) of the Children and

Families Act 2014 comes into force are to be treated as if they

included the provision required by subsection (1), to the extent that

they do not otherwise include such provision.””
Clause 79
136
Page 53, line 2, after “must” insert “, in particular,”
Clause 85
137
Page 56, line 9, leave out “involve children” and insert “consult children or

otherwise involve them”
138
Page 56, line 10, at end insert “, and

(d)
a summary of how the Commissioner has taken into

account the results of any such consultation and anything

else resulting from involving children in the discharge of his

or her functions.””
Clause 92
139
Page 85, line 22, at end insert—

“(3CA)
Regulations may provide for a reduction in the duration of the

maternity allowance period as it applies to a woman to be revoked,

or to be treated as revoked, subject to prescribed restrictions and

conditions.””
140
Page 85, line 23, leave out “(3C)” and insert “(3CA)”
141
Page 86, line 2, at end insert—

“(3D)
Regulations may provide for a reduction in the duration of the

maternity pay period as it applies to a woman to be revoked, or to

be treated as revoked, subject to prescribed restrictions and

conditions.””
142
Page 86, line 32, at end insert—

“(2CA)
Regulations may provide for a reduction in the duration of the

adoption pay period as it applies to a person to be revoked, or to be

treated as revoked, subject to prescribed restrictions and

conditions.””